Adobe's confusing terms of use: The manufacturer takes a stand

Recently, Adobe published a new version of its own terms of use. In the following article, I explain what exactly was changed and why people were unsettled as a result. I also explain how you can opt out of their analytics programme.

In view of the uncertainties, Adobe will amend the wording in the terms of use. This is to be done by 18 June 2024. In the meantime, the company clarifies its clear stance in a blog post on its position

Adobe explains that it is important to continue developing terms of use. However, these should also be understandable. The company also states which areas Adobe wants to make clearer.

These are the most important sections, including an explanation:

• "You own your content. This content will never be used to train a generative AI." In the licence grant section, Adobe makes it clear that this licence of ownership is not waived.
• "Adobe does not train generative AI with customer content." Adobe wants to add this statement to the terms of use. This is intended to make it clear that Adobe "is legally obliged to comply with this. The Adobe Firefly software is only trained on a data set of licensed content including authorisation (e.g. from Adobe Stock)."
• "You have the choice whether or not to participate in Adobe's product improvement programme. You can opt out at any time. Adobe uses the usage data and content characteristics it collects to improve the product experience and develop new functions." You can also find out exactly how to opt out of the improvement programme in my article above. "You can opt out at any time. Adobe uses the collected usage data and content characteristics to improve the product experience and develop new functions."
• "The licences Adobe uses to improve its products on your behalf are limited to what is necessary. Adobe uses the legal copyrights and supplements them with simple examples." The licences are to be listed separately and further restricted.
• "Your content is scanned exclusively for cloud documents. As with all platforms, this serves to ensure that illegal materials are not used. Sexual abuse of children, for example. If the automatic system detects a problem here, an employee checks it manually. Otherwise, this only happens via a support request from you or, for example, if the content is embedded in a public website."

In its current privacy policy, Adobe has already formulated that only trained personnel will be used for manual checks.

Adobe also regrets that the terms of use were not modernised earlier. Modern, understandable language should also have been used. Adobe is in close contact with users of its programmes for further feedback. The company realises that it has a great responsibility. It should therefore also be possible in future to clearly differentiate itself from AI training and mark its own projects as such. <p