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Article #586

Re: So is the photography forum dead or grasping for its last breath?

#586
From: Wade_Zimmerman
Date: Sun, 22 Mar 2009 09:28
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You can change the terms of an agreement but you must clearly note the change it is one of the reason's Apple keeps losing their court battles against all the class actions they find themselves in.

You can make terms of such agreements to include the right to make changes, without notice but you still have to inform the user of the change.

Yes it is common to use such a clause not to inform a customer or user of such change, but stating without notice only means that you do not have to notify someone when you make a change but you have to notify them of that change. Failing to do so is failing to make such a change as far as I understand it and we have probably all been part of some class action for this very reason.

I received a notice that there are changes being made to an account, I will not state what kind of an account. They have such a clause as well, which really only means they do not have to notify me that they are going to make such a change but once they make the change they have inform as to when it takes effect, what my options are and what those changes are, it does not mean for instance that Adobe in a hypothetical situation can now without notice decide to charge you for posting on the forum each time you make a post unless they first let you know that they have made this change to the rules and that this the substance of that change and that these are your options in regard to those changes.

To think otherwise is foolish and such action by Adobe in this hypothetical case would not have any merit in any court anywhere in the world.

And there may be some states and countries where the clause they have placed on the new site would be laughed at and groundless.

I think they should state the actually reasons and application of the terms and why they need protection. If it is for protection against someone else taking something posted on their site and using it without permission for sale or distribution for reason other then posting it here on the site they should word that clause that way, if the intend to use it on the other hand for advertising and promotional use then they should state their intentions
and give the user a clear choice in the matter and not hide the intentions.

As we did discuss the use of such clauses in competitions is not to protect the user from unwarranted use of the material from outside parties but to reuse that material for self-serving ends without compensating the creator, such as making products out of the image for sale.

Clearly though Adobe as someone state should not be so hard up for images and they should state so, we do not have intentions of profiting from the use of you material just because you post them here on the forum which you have been invited to join under the guise of a user to user forum.

It is either a user to user forum or it is not and this makes it not such a thing and clearly not instituted in a way that is open and clear.
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From: Wade_Zimmerman@adobeforums.com
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Newsgroups: adobe.photography
Subject: Re: So is the photography forum dead or
 grasping for its last breath?
Message-ID: <59b85a13.61@webcrossing.la2eafNXanI>
Date: Sun, 22 Mar 2009 02:28:26 -0700
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