this post was submitted on 16 Jun 2024
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Adobe recently updated its terms of use, and although companies do this all the time, these new changes have sparked a significant amount of discord and discussion among users.

The updated terms of use give Adobe access to any form of media uploaded to its Creative Cloud and Document Cloud services, a change which immediately sparked a privacy backlash and led to many users calling for a boycott. So annoyed were paying customers that Adobe was forced to issue a statement clarifying what the updated terms mean, and what they cover.

The changes Adobe made include switching the wording from “we will only access, view or listen to your content in limited ways” to “we may access, view or listen to your content” and the addition of “through both automated and manual methods”. In the Content section, Adobe made changes to how it would scan user data, adding the manual mention.

In its explanation of the terms changes, Adobe said, “To be clear, Adobe requires a limited license to access content solely for the purpose of operating or improving the services and software and to enforce our terms and comply with law, such as to protect against abusive content.”

While the intentions behind these changes might be to enhance service quality and ensure compliance with legal standards, permitting the company to have such broad access to personal and potentially sensitive content clearly feels intrusive to many users. The shift from an explicit limitation to a more open-ended permission for content access could be seen as a step backward in terms of user control and data protection and raises concerns about privacy and user trust, which Adobe’s statement doesn’t fully address.

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[–] BluescreenOfDeath@lemmy.world 28 points 5 months ago (1 children)

AFAIK, the unilateral nature of TOS/EULA agreements in the day of Software as a Service hasn't been litigated. Which means there isn't a court's opinion on the scope or limits of a TOS/EULA and what changes can be made.

Currently, Adobe has the full force of contract law to initiate this change without any input from consumers because a case about this has never made it to the courts.

It'll be interesting to see where this goes, but Adobe will likely backpedal on their language in the TOS before any case gets to a Judge because the last thing any company wants is for a TOS/EULA agreement to be fundamentally undermined by a court.

[–] BearOfaTime@lemm.ee 17 points 5 months ago

It's interesting to see large organizations backpedalling when it's clear things will head to court. Tells us they know their shit won't stand up in court, and it would set a precedent making it easy for "ambulance chaser" lawyers to file a whole bunch of cases.