Adobe's recently taken a bit of criticism for the Terms of Service for
the new on-line editor, Photoshop Express.  At first publication the
TOS basically gives Adobe the rights to the photos in your galleries.
This was quickly brought to Adobe's attention and they are re-writing
the terms.

John Nack gives details in his blog.

<http://blogs.adobe.com/jnack/2008/03/a_note_about_ps.html>

The comments on his blog post are clear.  A lot of people would like
to use the new editor and free gallery space, but will not do so until
the terms change.

GS
<http://georgesphotos.net>

On Thu, Mar 27, 2008 at 8:08 AM, Doug Franklin
<[EMAIL PROTECTED]> wrote:
> Howdy, folks,
>
> We've had several discussions over the years about the terms of use of
> various web sites and services.  Well, I've been planning to put
> together a very short run of a small photo book from my recent trip to
> Bulgaria.  I only plan a run of maybe 30 because they're for gifts to
> people over there and family here.  So I've been looking at self
> publishing web sites like Lulu and Blurb and such.
>
> A friend of mine recently got involved with a multi-level marketing
> company called Creative Memories.  Their focus is more on "electronic
> scrapbooking", but they have a service that would be appropriate for
> what I'm doing.  It's a little pricey, but I considered doing it through
> them to help her out.
>
> Being a bit sensitive to intellectual property issues, I read the Terms
> of Use (ToU).  It contains the following section:
>
>     Idea submission statement
>
>     Any ideas, proposals, and/or other information submitted or
>     collected on this site shall be considered non-confidential. By
>     submitting information to this site, or directly to Creative
>     Memories, you agree that Creative Memories shall not be under any
>     obligation of confidentiality or non-use, express or implied,
>     with respect to any submissions, and Creative Memories may
>     disclose or use any submission for any purpose whatsoever, at its
>     sole discretion, with no obligation, express or implied, to
>     compensate or work with the person or entity that supplied the
>     information, idea and/or proposal in any manner.
>
> Now, that's a pretty far reaching claim.  Here it is again, elided to
> focus on what I have a problem with.
>
>     ... By submitting information to this site ... you agree that
>     ... and Creative Memories may ... use any submission for any
>     purpose whatsoever ... with no obligation ... to compensate or
>     work with the person or entity that supplied [it] ...
>
> I've contacted them officially asking them just exactly what they
> intended to say here, in case it's less than the "your stuff is ours if
> you pay us to print it" interpretation I give it.  No answer.  I've also
> contacted them unofficially through the member/dealer network.  The
> answer from that side is that it's so they can use excerpts of your
> stuff in their marketing material without having to find you, work with
> you, or pay you, though it wasn't phrased quite that way.
>
> Personally, I find this clause and the unofficial attitude quite
> disturbing.  Am I overreacting?
>
> --
> Thanks,
> DougF (KG4LMZ)
>
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