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You Might Want to Read this Analysis of the EULA

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Jim Wiseman
You Might Want to Read this Analysis of the EULA
on May 10, 2013 at 11:31:31 pm

Lloyd Chambers runs the Website Mac Performance Guide. He is a recognized expert at tuning the Mac Pro for photo work on the web. I haven't found anyone more expert than him at this. He is also a practicing professional photographer who pushes Photoshop to it's limits. For anyone using a Mac Pro I recommend his advice.

He has been analyzing the Creative Cloud model change on his website http://macperformanceguide.com/

He has written several short articles on the subject and taken reader comments. They have been written starting after the announcement on Monday. Lloyd is not completely opposed to the Creative Cloud model, but has been making some important points. He has especially been dissecting the CC EULA (End User License Agreement), and has pointed out some sections that anyone considering CC should know about. Perhaps this agreement is in flux and will be different on June 17, release day. We have already seen one change today in the number of computers that can be used at the same time. I would encourage anyone this affects to drop in there and at least have a look, especially at that section. It is the second to last article on the subject, so scroll down.

Jim Wiseman
Sony PMW-EX1,Pana AJ-D810 DVCPro, DVX-100, Nikon D7000, Final Cut Studio 2 and 3, Media 100 Suite 2.1, Premiere Pro 5.5 and 6.0, AJA ioHD, AJA Kona LHi, Avid MC, Hexacore MacPro 3.33 Ghz 24Gb RAM GTX-285 120GB SSD, Macbook Pro 17" 2011 2.2 Ghz Quadcore i7 8Gb SSD, G5 Quadcore PCIe


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Andrew Kimery
Re: You Might Want to Read this Analysis of the EULA
on May 10, 2013 at 11:50:52 pm

As a point of reference people should also read the EULA's related to their smart phones and/or tablets, ISPs, email providers, cloud storage solutions, video hosting sites, etc., as pretty much all of them include the same, dare I say boiler plate, language that Adobe's EULA does. Google, Apple, MS, etc., reserve the right to zap things (even things you've paid for) off your mobiel device. Dropbox assumes no liability if anything should happen to the data you store using its service. The right to change anything at anytime is pretty much universally reserved by every company in any contract. lol




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David Lawrence
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 12:16:06 am

[Andrew Kimery] "Google, Apple, MS, etc., reserve the right to zap things (even things you've paid for) off your mobiel device. "

Which is why many people choose to jailbreak their hardware. And it looks like congress is getting to the act to empower consumers who want this choice. This is a good thing:

http://boingboing.net/2013/05/10/new-law-will-fix-the-dmca-mak.html

_______________________
David Lawrence
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Andrew Kimery
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 12:24:35 am

[David Lawrence] "Which is why many people choose to jailbreak their hardware. And it looks like congress is getting to the act to empower consumers who want this choice. This is a good thing:"

You won't get any argument from me. I just want people to have a reference point so they know that Adobe's EULA isn't really any more or less draconian than other EULA's people have agreed to w/o reading. lol




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David Lawrence
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 12:31:24 am

[Andrew Kimery] "I just want people to have a reference point so they know that Adobe's EULA isn't really any more or less draconian than other EULA's people have agreed to w/o reading. "

I get where you're coming from. My point is that while ELUAs have long been a source of controversy, (see https://www.eff.org/search/site/eula ) what makes Creative Cloud unique as PC software is the enforcement mechanism is built into the product itself.

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David Lawrence
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Ricardo Marty
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 11:30:38 pm

So you are saying that if adobe feels we are breaking the eula the app will automatically enforce the one sided eula? Thats like spyware built in the app. We could loose our work, client or job. adobe is asking to much imop.

RM


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David Lawrence
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 11:36:45 pm

[Ricardo Marty] "So you are saying that if adobe feels we are breaking the eula the app will automatically enforce the one sided eula? Thats like spyware built in the app. We could loose our work, client or job. adobe is asking to much imop."

I'm not saying that they would do it, only that it's technically possible for them *to* do it, either accidentally or intentionally.

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David Lawrence
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Ricardo Marty
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 11:42:09 pm

I understand but if they have the capability built in its spyware sitting our computer collecting info and once a month checkingin with master control.


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Jim Wiseman
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 11:46:26 pm

David L., since you are back on the EULA subject, I hope you don't mind me reposting the link you pointed out elsewhere regarding the kind of problems that can crop up in certain rental situations. This incident was reported by NBC News and was a problem a subscriber had with Amazon and access to their "purchased" Kindle book library. Imagine such a problem with your life's work, or even a single make or break project.

http://tinyurl.com/cpfw5nf

Jim Wiseman
Sony PMW-EX1,Pana AJ-D810 DVCPro, DVX-100, Nikon D7000, Final Cut Studio 2 and 3, Media 100 Suite 2.1, Premiere Pro 5.5 and 6.0, AJA ioHD, AJA Kona LHi, Avid MC, Hexacore MacPro 3.33 Ghz 24Gb RAM GTX-285 120GB SSD, Macbook Pro 17" 2011 2.2 Ghz Quadcore i7 8Gb SSD, G5 Quadcore PCIe


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David Lawrence
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 11:56:27 pm

[Jim Wiseman] "David L., since you are back on the EULA subject, I hope you don't mind me reposting the link you pointed out elsewhere regarding the kind of problems that can crop up in certain rental situations."

Jim, be my guest. The more awareness raised, the better!

_______________________
David Lawrence
art~media~design~research
propaganda.com
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facebook.com/dlawrence
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Greg Andonian
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 1:03:43 am

[Andrew Kimery] As a point of reference people should also read the EULA's related to their... cloud storage solutions

THAT should be good... ;)

______________________________________________
"Up until here, we still have enough track to stop the locomotive before it plunges into the ravine... But after this windmill it's the future or bust."


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Ricardo Marty
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 3:28:25 am

If this is true its appalling. I wonder if the monthly internet check from adobe searches for information that can lock your system? Could it be that they are also datamining?

This alone is a deal breaker if I where to consider the cloud.

Ricardo


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Kevin Monahan
Re: You Might Want to Read this Analysis of the EULA
on May 10, 2013 at 11:56:07 pm

[Jim Wiseman] "Perhaps this agreement is in flux and will be different on June 17, release day. We have already seen one change today in the number of computers that can be used at the same time"

Hi Jim,
Thanks very much for your concern on this, because yes, there appears to be some language on the EULA for various CC products that is confusing at this point in time.

I've escalated this concern, so it will be handled. I've been told to go by what is in the official FAQ. Please give us a little time to synchronize documentation, at least 'til launch in June.

I'll give you an update if I hear something.

Thanks,
Kevin

Kevin Monahan
Social Support Lead
Adobe After Effects
Adobe Premiere Pro
Adobe Systems, Inc.
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Jim Wiseman
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 12:05:20 am

Thanks, Kevin. I have to believe that this EULA is more important to me than my cell phone agreement. Again, thanks for your concern. Their are some passages there I would have a hard time with regarding my creative work. I would still recommend people to take a look at the Mac Performance Guide analysis. I'll wait until I see the final before judging it.

Jim Wiseman
Sony PMW-EX1,Pana AJ-D810 DVCPro, DVX-100, Nikon D7000, Final Cut Studio 2 and 3, Media 100 Suite 2.1, Premiere Pro 5.5 and 6.0, AJA ioHD, AJA Kona LHi, Avid MC, Hexacore MacPro 3.33 Ghz 24Gb RAM GTX-285 120GB SSD, Macbook Pro 17" 2011 2.2 Ghz Quadcore i7 8Gb SSD, G5 Quadcore PCIe


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Peter Wiley
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 1:42:45 pm

The Adobe EULA is not, as has been pointed out, all that different from others. They are often unilateral, that is, they are drafted in the interests of the Company more than in the interests of the Customer or contractor. Large organizations, and by no means is Adobe alone in this, use their control over resources to compel people to do what they want them to do.

If you want a real education, read your mortgage or your car loan.

In the American mythology of the free market buyers and sellers meet to work out terms of mutual interest. In the actual market, market power is far from equally distributed and is used to get whatever big sellers and big buyers (trying to selling to Wal-Mart) want. Try negotiating a non-standard mortgage to fit your financial situation. Practically impossible.

In the long run the only effective remedy will be legislation. Just as the US legal system had to adjust to the impact of the railroads, vertical integration of corporations, monopoly etc. it will have to adjust to the impact of the software licensing and related issues on commerce.

The EFF materials on this are well-worth reading:
https://www.eff.org/wp/dangerous-terms-users-guide-eulas
https://www.eff.org/issues/terms-of-abuse

On a side note, it's interesting that there seems to be confusion re the EULA for the Cloud. You'd think that a company that was ready to announce that it's going to usher in a revolution in the creative process would have had its legal ducks in a row.


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Roland R. Kahlenberg
Re: You Might Want to Read this Analysis of the EULA
on May 11, 2013 at 3:07:37 pm

[Peter Wiley] "The Adobe EULA is not, as has been pointed out, all that different from others. They are often unilateral, that is, they are drafted in the interests of the Company more than in the interests of the Customer or contractor. Large organizations, and by no means is Adobe alone in this, use their control over resources to compel people to do what they want them to do."

Other than the AE Team, the Adobe that I know is filled with bumbling, obnoxious fools and the occasional outright liars who are probably ex-gestapo. They have very little interest in customer service and to compound this, they act like demi-gods.

And there is no recourse, no avenue, should an employee lie to you, discredit you or deliberately make your life as an Adobe partner excruciatingly difficult.

For years I've had to deal with these scums to the extent that I have refrained from having anything to do with them UNTIL recently when I had to renew my certified instructor status. BAM! These scums appear again!!!

This whole CC role out is pathetic but I'm not surprised since it's coming from Adobe! If even the CEO has problems answering very basic questions then what more of the others at Adobe???

Cheers
RoRK

Intensive mocha & AE Training in Singapore and Other Dangerous Locations

Imagineer Systems (mocha) Certified Instructor
& Adobe After Effects CS6 ACE


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