gatorguy

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  • Adobe has clarified controversial shrinkwrap license terms, but the damage may have alread...

    Maurizio said:
    gatorguy said:

    The important sentence fragment: "as well as to use the materials (photos, videos et al) you submit for Apple internal purposes" Those internal purposes are left open-ended and unspecified. Review by a human, hopefully an Apple employee and not a contractor, may also be just as much an issue, or non-issue, for those under an NDA as it might be at Adobe.
    The point here is that these conditions apply to material submitted to media services, like reviews and user contributions, not to the content of you iCloud disk or iPhone or Mac. They are pretty standard conditions for these kind of submission.

    By the way, what Adobe says doesn't matter at all; legal terms are legal terms, and providing an worldwide exclusive license have a precise meaning, that no amount of explication from Adobe can change.
    This Agreement governs your use of Apple’s services (“Services” – e.g., and where available, App Store, Apple Arcade, Apple Books, Apple Fitness+, Apple Music, Apple News, Apple News+, Apple One, Apple Podcasts, Apple Podcasts Subscriptions, Apple TV, Apple TV+, Apple TV Channels, Game Center, iTunes), through which you can buy, get, license, rent or subscribe to content, Apps (as defined below), and other in-app services (collectively, “Content”).
     
    "Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.


    ctt_zhmuthuk_vanalingamVictorMortimer
  • Adobe has clarified controversial shrinkwrap license terms, but the damage may have alread...

    flydog said:
    gatorguy said:
    What would Apple say if you asked them?

    Apple made a nearly identical rights claim change in its Terms of Service at the end of March, worded in much the same way but far more vaguely. But no one noticed. Perhaps that's why Apple has never clarified what it means, either. My guess is the same as Adobe's, but like them, Apple ( and everyone else) needs to be clearer on it.

    "Except to the extent prohibited by law, you hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing as well as to use the materials you submit for Apple internal purposes. Apple may monitor and decide to remove or edit any submitted material, including via automated content filters and/or human review." 

    There are too many questions surrounding how our data is being used across all LLM training and delivered AI services. Companies try to avoid discussing it unless the questions become too public. For Adobe they did.
    Apple's terms are nothing like Adobe's new terms, which is why "no one noticed." 
    After you read the Adobe changelog, what's the difference between the two changes? 
    ctt_zh9secondkox2
  • Adobe has clarified controversial shrinkwrap license terms, but the damage may have alread...

    What would Apple say if you asked them?

    Apple made a nearly identical rights claim change in its Terms of Service at the end of March, worded in much the same way but far more vaguely. But no one noticed. Perhaps that's why Apple has never clarified what it means, either. My guess is the same as Adobe's, but like them, Apple ( and everyone else) needs to be clearer on it.

    "Except to the extent prohibited by law, you hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing as well as to use the materials you submit for Apple internal purposes. Apple may monitor and decide to remove or edit any submitted material, including via automated content filters and/or human review." 

    There are too many questions surrounding how our data is being used across all LLM training and delivered AI services. Companies try to avoid discussing it unless the questions become too public. For Adobe they did.
    ctt_zhappleinsideruserAnilu_777Alex1N
  • Adobe's new terms of service unacceptably gives them access to all of your projects, for f...

    melgross said:
    gatorguy said:
    It's not yet clear if they are taking our content and using it for their own AI training purposes or just poorly explaining that they need the permissions to do what users request of their AI. Since there is no "Opt-Out," as I presume the EU would require if they were accessing your private data, I suspect it's the latter.

    Adobe needs to explain things far better, and soon.
    Now if you were talking about Meta instead, yeah they really are claiming ownership of your Facebook interactions for training their LLM models. 
    The terms are vague enough so that they can claim we accepted the usage.
    Apple made essentially the same changes to their ToS on March 31st this year, but they've buried it in a lengthy explanation of terms and rights.  

    "Except to the extent prohibited by law, you hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing as well as to use the materials you submit for Apple internal purposes , Apple may monitor and decide to remove or edit any submitted material, including via automated content filters and/or human review." 

    It seems as though Apple is announcing a claim of rights to use your submitted content in Apple Photos. Apple Mail, "other Apple service", for unspecified internal Apple projects including for AI training doesn't it?

    And this is a ToS you can't opt out of, unlike Adobe. 
    muthuk_vanalingamdewme9secondkox2
  • Adobe's new terms of service unacceptably gives them access to all of your projects, for f...

    charlesn said:
    Honestly... and I'm not trying to be hyperbolic here... this feels like criminal extortion. Many creative professionals earn their living--or run their whole business--on Adobe. There isn't really an option to just stop on a dime when you're all in on Adobe. So this is Adobe using that leverage to extort its user base into agreeing to its egregious and outrageous new and novel demands for continued use of its products. In effect, Adobe made its user base an offer they couldn't refuse. This needs to go to court asap, and also speaks to the much greater problem of out-of-control terms buried in dense, book-length legalese in technology user agreements. Its like owners of new GM cars getting blindsided by skyrocketing auto insurance rates because their cars--thanks to what they signed in all the paperwork at the time of purchase--were busy collecting detailed data on how they drove, then transmitted it to GM, which then sold that data to insurers who jacked up their rates. 
    Agreed. Wouldn’t be surprised to see a class action. And I’d be on board. There must be an opt out - or it definitely reeks of extortion. 
    There is. 
    https://helpx.adobe.com/manage-account/using/machine-learning-faq.html#:~:text

    And don't miss reading the first paragraph. 

    So much handwringing, misunderstanding, and jumping to conclusions. Typical responses to web headlines. Few people bother to look beyond the first sentence and figure things out for themselves, but it's Adobe's fault for not explaining it better in the first place. From a consumer standpoint, it also should be opt-in and not opt-out ,but I get why that would be ineffective.

    None of that would have prevented tin-foil hats being passed around, but there would have been far fewer.

    Trust but verify no longer exists. It's now trust no one, and it's beginning to reflect on Apple and other traditionally trustworthy companies too.  
    dewme9secondkox2