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Posts Tagged ‘lawsuits’

Adobe informs users that using old versions of CC apps could lead to lawsuits from third parties

15 May

Last week, Adobe informed Creative Cloud subscribers that programs older than the two most recent version releases would no longer be available to download. Now, Adobe has sent out an email warning subscribers that continuing to use older software could put them at risk of getting sued by third parties.

Below is a transcription of the text sent to a number of Creative Cloud subscribers:

Dear Valued Creative Cloud Customer,

We have an update to share with you regarding Creative Cloud version download availability. For customers who have not yet updated to the latest version of Creative Cloud, please note that you are no longer licensed to use certain older versions of the applications or deploy packages containing these older versions. We ask that your organization discontinues all usage of the unauthorized products listed in the table below, and instead update to the authorized versions provided. You will continue to receive all the value that Creative Cloud has to offer, but with more advanced features, capabilities and security. Please be aware that if you continue to use or deploy the older, unauthorized versions of Creative Cloud, you will not have third-party claim coverage pursuant to your contract with Adobe. Should you continue to use or deploy these unauthorized versions, you may be at risk of potential claims of infringement by third parties.

Here’s what to do next:

• If your users have self-service access to Creative Cloud via the CC Desktop App, you should encourage them to upgrade their software.
• If you package and deploy products to your users, then you should go to the Adobe Admin Console and create new packages from the versions available
• If you are still licensing with a serial number, you should continue to create packages using Creative Cloud Packager
• Finally, we advise that you un-install unauthorized versions and delete pre-existing packages to prevent future accidental deployments.

Adobe’s Customer Support organization is available to answer any questions about upgrading your Creative Cloud software. Please contact them directly should you have any questions. We apologize for any inconvenience that this may cause and thank you in advance for your cooperation.

Sincerely,
The Adobe Team

Below is a list of the unauthorized versions of software addressed in the message:

Photoshop: CC 18.1.6 and prior, CC 17, CC 16, CC 15, CC 14, 13
InDesign: CC 9, 8
Premiere Pro: CC 11, CC 10, CC 9, CC 8, CC 7, 6
Media Encoder: CC 11, CC 10, CC 9, CC 8, CC 7, 6
After Effects: CC 14, CC 13, CC 12, CC 11
Animate: CC 16, CC 15, CC 14, CC 13, 12
Audition: CC 6, CC 5, CC 4
Lightroom Classic: CC 6, CC 5, CC 4
Bridge: CC 7, CC 6
Prelude: CC 6, CC 5, CC4, CC 3, CC 2, 1
SpeedGrade (has been discontinued): CC 9, CC 8, CC 7, 6
Captivate: Captivate 2017 (10.0.0)

Based on the information provided in the email, as well as previous complaints filed by third parties, it sounds as though the licensing agreement Adobe had for technologies inside select Creative Cloud programs has run out with whatever entities it was licensing it from.

It’s unknown at this time what specific technologies were licensed and who they were licensed from, but as Apple Insider has noted, Dolby may very well be one of the companies, as it sued Adobe last year for copyright infringement. Specifically, Dolby’s complaint claimed Adobe was under-reporting how many Creative Cloud subscribers it had, which affected revenue from the licensing fee it negotiated and agreed upon with Adobe for its audio encoders and other software technologies.

DPReview contacted Adobe for comment on the message that was sent out as well as more details on the matter and below is the response we received:

Adobe recently discontinued certain older versions of Creative Cloud applications. 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 authorized versions. Unfortunately, customers who continue to use or deploy older, unauthorized versions of Creative Cloud may face potential claims of infringement by third parties.

Articles: Digital Photography Review (dpreview.com)

 
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Apple facing several lawsuits over intentionally slowing down old iPhones

29 Dec
Photo by Robin van der Ploeg

Earlier this week, we shared the news that Apple had admitted to slowing down older iPhones—an accusation originally leveled at the company by several Redditors and bloggers who found their phones’ performance had been cut in half, and would only return to full performance with a battery replacement.

This admission, in which Apple defended this ‘feature’ as benefiting users, has now sparked several lawsuits.

Background

Last week, Apple confirmed that older iPhones—specifically iPhone 6/Plus, iPhone 6S/Plus, and iPhone SE—were indeed being slowed down on purpose, but denied any malicious intent (e.g. trying to trick people into upgrading to a newer iPhone).

Instead, in a statement to The Verge, Apple said the ‘feature’ had been implemented, “to deliver the best experience for customers” by preventing sudden shut downs or damage to the internal components that can be caused by an older battery trying to provide peak current it just can’t handle anymore.

This explanation makes sense, and several technologically savvy commentators online (and even some readers in the DPReview comments) speculated that other companies likely do this same thing. But the lack of transparency—essentially only admitting that this was being done after being called out publicly—left many Apple users upset… and a few of them are doing something about it.

And Now

According to USA Today and The Verge, several lawsuits have been filed against Apple over this iPhone throttling. In the United States, suits have been filed in Los Angeles, Chicago, and New York among others, but the lawsuits over this admission extend as far as Israel, according to Reuters.

One of the first, a proposed class-action lawsuit in Los Angeles filed last Thursday by two consumers, claims breach-of-contract because users never agreed to allow Apple to slow down their iPhones.

The latest suit, filed by five iPhone users in New York, New Jersey, and Florida, seeks class-action status and accuses Apple of fraud, deception and breach-of-contract for not notifying users that it was slowing down old iPhones. The lawsuit states that, had they known batteries were to blame for their phones slowing down, these plaintiffs would have chosen to replace their batteries instead of purchasing a new phone.

Apple has not released any comment on the lawsuits filed thus far.

Articles: Digital Photography Review (dpreview.com)

 
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