Adobe
16,892 words · ~84 min read · Last updated February 2024
Clause-by-Clause Translation
Original
"Adobe may access your content using automated and manual methods, including to review content that has been flagged, for copyright review, to train machine learning models, and to improve our products and services."
Translation
Adobe's automated and human reviewers can access the creative work you store in Creative Cloud. Including your unfinished projects, client files, personal art, and anything you are currently working on. "Train machine learning models" is what caught users' attention in 2023. It is still in the terms.
Original
"You grant Adobe a non-exclusive, worldwide, royalty-free sublicensable license to use, reproduce, display, distribute, modify, create derivative works, perform, and transmit your content."
Translation
Adobe has a sublicensable royalty-free license to your creative work. This is how they justify the AI training access. You licensed them the work; they used the license. The Bureau notes that "sublicensable" means they can pass this license to other entities.
Original
"Adobe's artificial intelligence features, including Adobe Firefly, are trained on content licensed for commercial use, Adobe Stock, and user content when users opt in."
Translation
This is the clarification Adobe made after the 2023 controversy. Firefly training uses licensed content and opt-in user content. The Bureau notes that the broader terms still allow access to user content for "improving products and services," which is a category that includes but is not limited to Firefly.
Original
"If you cancel your Creative Cloud subscription, you will lose access to your files stored in Creative Cloud after a grace period. Files stored locally remain accessible."
Translation
Your creative work, stored in Adobe's cloud because their applications encouraged it, becomes inaccessible if you stop paying. Adobe's products have progressively encouraged cloud storage. The files you moved to the cloud in reliance on the product are subject to this clause.
Original
"Adobe reserves the right to modify the terms of this agreement at any time by posting the revised terms. Your continued use of the Services constitutes your acceptance of the revised terms."
Translation
Adobe can change what they're allowed to do with your content by posting new terms. Your continued use of Photoshop tomorrow morning constitutes acceptance of whatever they posted yesterday.
What You Actually Agreed To
That Adobe can access your cloud-stored work using automated and human review
A royalty-free worldwide sublicensable license to all content you store
That your content can be used to improve Adobe's products, including AI systems
That your files become inaccessible if you cancel your subscription
That Adobe can change these terms and your continued use is acceptance
That disputes are resolved through arbitration, not court
Bureau Summary
"Adobe's 2023 terms update generated considerable alarm when users noticed clauses about accessing user content for AI training. Adobe subsequently clarified their terms and issued statements. The Bureau notes that the terms still grant Adobe a broad license to content stored in their systems, and that "clarification" and "change" are different things."
— Bureau Translation Service