Adobe warns users they could get sued for using older versions of Photoshop

Adobe warns users that they’re no longer licensed to use old versions of their Creative Cloud apps. Such apps include Photoshop, Lightroom and Premiere. Not complying could result in “infringement issues” from third-party companies.

Matt Roszak (@KupoGames) tweeted that they’ve received an email from Adobe stating that owners of its Creative Cloud software applications that they’re no longer allowed to use older versions of the software.

“We have recently discontinued certain older versions of Creative Cloud applications and as a result, under the terms of our agreement, you are no longer licensed to use them.”
“Please be aware that should you continue to use the discontinued version(s), you may be at risk of potential claims of infringement by third parties.”

AppleInsider’s post on the matter features a statement from Adobe, which cites:

“Adobe recently discontinued certain older versions of Creative Cloud applications. Customers using those versions have been notified that they are no longer licensed to use them and were provided guidance on how to upgrade to the latest authorized versions.
Unfortunately, customers who continue to use or deploy older, unauthorized versions of Creative Cloud may face potential claims of infringement by third parties. We cannot comment on claims of third-party infringement, as it concerns ongoing litigation.”

Adobe’s (@AdobeCare) twitter account repeated the information when not-so-happy customers complained and added “We cannot comment on claims of third-party infringement, as it concerns ongoing litigation.”

This has been said here:

And here:

AND here:

Another similar support response says that this is “due to a copyright dispute.” Though Adobe never named who they’re having a “copyright dispute” with, it’s suspected that it’s Dolby Labs.
Dolby have filed a legal complaint against Adobe and are seeking jury trials over issues of “copyright infringement and breach of contract”.

Apparently Adobe licensed technologies from Dolby a while ago. Their agreement was based on how many discs of certain apps were sold. Now you’re probably aware that CDs are pretty much dead and all of Adobe’s software is available online to download. So the two companies renegotiated their agreement to be based on the number of users that are actually using the software.

Here’s where it gets…messy.

According to Dolby’s legal filing, the agreement was that Adobe hires a third-party audit and Dolby gets their cut.

Sounds fair and so far so good, right? BUT

“When Dolby sought to exercise its right to audit Adobe’s books and records to ensure proper reporting and payment, Adobe refused to engage in even basic auditing and information sharing practices; practices that Adobe itself had demanded of its own licensees,” says the filing.

“Adobe apparently determined that it was better to spend years withholding this information from Dolby than to allow Dolby to understand the full scope of Adobe’s contractual breaches,” it continues. “Yet the limited information that Dolby has reviewed to-date demonstrates that Adobe included Dolby technologies in numerous Adobe software products and collections of products, but refused to report each sale or pay the agreed-upon royalties owed to Dolby.”

Oh, the soap opera drama! At the end of the day, I guess business is business.

Anyway, putting aside Adobe and Dolby’s drama, why does the end-user have to get beat up? Feels a bit like going to a boxing match and the boxers are in the middle of the crowd and throwing punches everywhere.

Some will probably say “what’s the big deal, stay on your Creative Cloud subscription and your software won’t be potentially copyright infringed?”
That’s cute and all but if I’m working on a big project or even a middle-sized project…f@#k it, even a small project, I don’t want Photoshop to crash on me.
There are some that are probably thinking/saying “I’ve been on Adobe CC since it’s been out and I’ve never had crashes with new releases.”
Well I’m happy for you, you’ve been fortunate enough not to have new-update crashes but not all of us are so lucky. I’ve seen and have had my fair share of getting the latest update and getting bugs and crashes that weren’t present there before.
I’m much more comfortable waiting out a few updates and then updating my software. Now with this copyright infringement thing, I’ll be limited to using the two most recent versions Adobe has out.

In their blog, Adobe states “Please note that going forward, Creative Cloud customers will only have direct download access (from the Creative Cloud Desktop app and to the two most recent major versions of Creative Cloud desktop applications.*”

I’m gonna end this rant of a post with Matt Roszak’s tweet on Adobe Flash.


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