It appears Adobe is quickly responding to concerns about a surprising clause in its terms of service for Photoshop Express, the free Web-based software launched Wednesday that has otherwise been well-received.
Users were taken aback by a clause that basically gives Adobe the right to do anything it wants with their photos. As CNET's Lori Grunin first pointed out in her review on Webware, the clause in question goes like this:
Adobe does not claim ownership of Your Content. However, with respect to Your Content that you submit or make available for inclusion on publicly accessible areas of the Services, you grant Adobe a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, derive revenue or other remuneration from, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content and to incorporate such Content into other Materials or works in any format or medium now known or later developed.
Grunin's response: "I'm going to give Adobe the benefit of the doubt and assume someone forgot to put the choke collar on the lawyers, letting something this undesirable slip through." And she was right on the money, at least according to a report from Adobe blogger John Nack, who contacted Adobe with concerns about the terms of service.
Nack wrote that he got a note back from the Photoshop Express team Friday stating that it agrees that the clause "implies things we would never do with content," and therefore the legal team is making it a priority to post revised terms.