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Adobe has been a frontrunner among traditional enterprise software companies in adopting generative AI, making it user-friendly through features like the Firefly AI image generation model, Generative Fill in Photoshop, and a new AI Assistant for its customer experience software, among others.
However, this pro-AI stance has sparked backlash from certain users and Adobe Stock contributors. Recently, as generative AI technologies face growing criticism, Adobe has come under fire for new “Terms of Service” (ToS) language that users must accept to continue using its apps. While the ToS does not explicitly mention AI, it includes references to “machine learning” and clauses stating that AI models cannot be trained on Adobe software.
Earlier this week, Adobe sent an update of the ToS to many users of its Creative Cloud Suite, which has over 20 million global users. Below is a summary of the key changes:
1. Adobe may access your content through automated and manual methods for content review (Sections 2.2 and 4.1).
2. It can delete content from inactive accounts (Section 5.3).
3. The period to resolve disputes informally has been reduced from 60 to 30 days (Section 14.1).
By closing the notification window without accepting the terms, you won’t be able to continue using Adobe apps and services. If you click “Accept and Continue,” you acknowledge that you have read and accepted the new terms.
Section 2.2, which states that Adobe can access, view, or listen to your content through automated and manual methods, has particularly upset some users on social media. This section implies that Adobe may use machine learning techniques to analyze content to improve its services and software. Some users interpret this as an admission of surveillance and the use of their content, including potentially confidential material, to train AI models.
A notable example from Twitter includes:
“I just got an update on @Adobe terms of service saying they’ll have unrestricted access to everything I use, upload, or download with their services for Machine Learning; this means every copyrighted material I have in my possession is being used by Adobe AI Model” — thiagocrocha.bsky.social (@Thiagocrocha_) June 4, 2024
Even Hollywood directors like Duncan Jones criticized the new ToS terms, although Jones later deleted his post. Other users posted annotated screenshots showing changes from the previous ToS to the new terms.
However, as clarified in Section 4.1:
“We do not review all Content uploaded to the Services and Software, but we may use available technologies, vendors, or processes, including manual review, to screen for certain types of illegal content or other abusive content or behavior.”
Adobe aims to monitor and moderate content uploaded to Creative Cloud accounts for illegal activity or ToS violations. An Adobe spokesperson stated that this policy has been in place for years and that recent updates were made to clarify when Adobe might access user content. Adobe does not access content stored locally on users’ devices. Instead, the company primarily analyzes content uploaded to Creative Cloud to enhance features like Photoshop Neural Filters and automated generative tools.
After initial backlash, Adobe published a blog post on June 6, emphasizing that it does not train Firefly AI models on customer content. The AI models are trained on licensed content, such as Adobe Stock, and public domain content. Adobe reiterated that customers retain ownership of their content and that Adobe hosts this content to enable the use of its applications and services.
Despite these clarifications, the ambiguity around the ToS has led some users to consider canceling their subscriptions to Adobe Creative Cloud or other software services. Only time will tell if this backlash will significantly impact Adobe’s business.
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