ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, May 16, 2019

Adobe reminds everyone just how much power it has over end users

Very few of us actually read the terms and conditions of the many, many, many services we register for every day. It's not like we can negotiate them, anyway, so I think, as a matter of sheer efficiency, most of us just grin and bear it. We want or need the particular service in question, it comes with conditions we can't get out of, so we just click "OK" and move on with our lives. I think a lot of people think, well, how bad can it be? 

But these terms and conditions often give the licensor a great deal of power, leaving end users with very few rights to whatever they want to gain access to. A perfect illustration of this: As many outlets have reported (here's a link to just one), Adobe has told its users that it's discontinuing older versions of popular programs like Photoshop, and so users are no longer allowed to use those versions under the licenses they agreed to years ago when they gained access to the program. We've gotten blase about the lack of ownership we have over many things in our current economy, but this action is exposing the fact that, when you rent everything instead of owning it, then there's very little we can do to keep the things we like; all of the control over them always continues to rest with the original licensor, and we possess them only so long as the original licensor lets us. You might have preferred the older version of Photoshop, but that doesn't matter; Adobe's terms of service let Adobe choose when you are allowed access to Photoshop. 

Many of the terms and conditions we agree to have clauses that leave us exposed to the whims of the more powerful party in the transaction, and consumers therefore have very little recourse. A lot of social media websites have a lot of discretion over terminating accounts, for either no reason or vaguely worded reasons that leave them with a lot of leeway. So I would caution everyone to please be careful about what you're storing on social media accounts and make sure you have copies of anything you really care about elsewhere (preferably on a device that actually belongs to you), because the terms of use make clear that there's no guarantee that social media account (or even remote storage) will always be there. 

https://lawprofessors.typepad.com/contractsprof_blog/2019/05/adobe-reminds-everyone-just-how-much-power-it-has-over-end-users.html

Commentary, Current Affairs, In the News, True Contracts, Web/Tech | Permalink

Comments

This is a perfect example of the problems I'm talking about in a current piece I'm writing called "Status Law Ascendant: Enforcing “Contract” Terms in the Absence of Assent"

Posted by: Andrea Boyack | May 16, 2019 9:19:18 PM

I've been following the debate on all of this with interest.

Posted by: Stacey | May 24, 2019 8:42:49 AM

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