Adobe Warns Of Legal Issues From Use Of Older Photoshop Versions

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Really? Adobe warns users of older versions of Photoshop they actual brought, that they could be sued

Adobe has angered many designers after it warned users of older versions of Creative Cloud apps, such as Photoshop, Premiere Pro and Lightroom Classic, they are no longer licensed to use them.

This is despite these users already having paid to use the software.

Even worse, Adobe has reportedly warned that anyone who continues to use these versions could face “infringement claims” from other companies.

Legal warning

Adobe of course killed off its Creative Suite and its traditional licensing model in 2013, when it revealed that its Creative Cloud would be delivered on a monthly subscription basis instead.

But the downside of this approach has now been cast into stark reality with the news that owners of older versions of the software could be sued, even though they have already paid for the software.

“Adobe recently discontinued certain older versions of Creative Cloud applications,” said Adobe in a statement to AppleInsider. “Customers using those versions have been notified that they are no longer licensed to use them and were provided guidance on how to upgrade to the latest authorised versions.”

“Unfortunately, customers who continue to use or deploy older, unauthorised versions of Creative Cloud may face potential claims of infringement by third parties,” said the statement. “We cannot comment on claims of third-party infringement, as it concerns ongoing litigation.”

AppleInsider reported that users of the software are now “receiving the equivalent of a cease and desist email, informing them that the apps that they are using are discontinued.”

Adobe also published a blog posting earlier in the month, warning users they would only be able to download the two most recent major versions of Creative Cloud desktop applications.

Coprright tussle

Adobe has not publicly revealed which firm it is currently locked in litigation with – but it is reportedly a copyright dispute.

AppleInsider however reported that Adobe is being sued by Dolby, after it had filed a legal complaint in March 2019 with the US District Court and the Northern District of California.

Dolby is said to be seeking a jury trial over issues of ‘copyright infringement and breach of contract’ against Adobe.

According to AppleInsider which examined the legal documents, the Dolby case stems from the Adobe switch to a cloud-based subscription model.

It seems that prior to the creation of the Creative Cloud subscription service, Adobe licensed certain technologies from Dolby with an agreement based on how many CD discs of certain apps were sold.

But when the software was sold online, the Adobe and Dolby reportedly renegotiated their agreement to be based on how many users are actually running the software.

Dolby’s legal filing has reportedly stated that this agreement was subject to the figures Adobe reported, being examined by a third-party audit.

“When Dolby sought to exercise its right to audit Adobe’s books and records to ensure proper reporting and payment, Adobe refused to engage in even basic auditing and information sharing practices; practices that Adobe itself had demanded of its own licensees,” AppleInsider reported the filing as stating.

“Adobe apparently determined that it was better to spend years withholding this information from Dolby than to allow Dolby to understand the full scope of Adobe’s contractual breaches,” the filing continues. “Yet the limited information that Dolby has reviewed to-date demonstrates that Adobe included Dolby technologies in numerous Adobe software products and collections of products, but refused to report each sale or pay the agreed-upon royalties owed to Dolby.”

Whatever happens, it seems that unlucky Adobe users are currently caught in the crossfire of a legal battle between the two companies.

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Author: Tom Jowitt
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