Adobe giving away free copies of Photoshop/Illustrator/Indesign CS2

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  01 January 2013
There is quite a lot of assumptions and justifications going on in the thread, but really I think everyone pretty clearly knows exactly what happened and what the facts are.

CS2 Authorization servers were going to go down. Legitmate owners would have been stuck with a non-working version. Rather than setting up a complicated system of proving ownership, providing reciepts and dealing with customers, they made a version that didn't require verification and had a serial ready to go to make it all work.

That is a really cool thing to do for your customers, it is way better than many companies do with old software, so I think it's ridiculous for people to think that Adobe is in anyway obligated to admit their "fault".

If you don't own it, didn't buy it, didn't have a license transferred to you through the proper channels, lost your disc and lost any proof that you ever bought it, fair or unfair, you still don't own it. And frankly, you know it. Anything else is a just a justification, you are entitled to nothing.

Whether you use it or not is up to you and of course Adobe can do nothing about it, nor will they try to. But seriously don't pretend it's legit. It's not. Obviously.
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Chris Smallfield
Freelance VFX Supervisor / Artist, Berlin
portfolio: http://www.chrissmallfield.com
 
  01 January 2013
@artisanfx, There is NO point on carrying this on, either you purchased CS2 or no. Believe what you want to believe, free or no. Lets just move on.


@cookepuss, I think what you've said sum's up what and where everyone is at. But as I think of what you say, maybe there is a reason for the silence, that has not been mentioned. Maybe Adobe does not want to say free, maybe they would rather leave it as what the official statement has been, that this is for registered cs2 users only. Because just maybe they don't want to set themselves up in a bind legally later on, by setting any precedent now.
 
  01 January 2013
Originally Posted by DePaint: Adobe is probably hoping that of the hundreds of thousands of people who download CS2, 10 - 20 % decide later on to upgrade those downloads to CS6/CS7 (whatever is the latest at the time).


Unfortunately, there is no upgrade possible from CS2 to CS6.
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  01 January 2013
Originally Posted by csmallfield: There is quite a lot of assumptions and justifications going on in the thread, but really I think everyone pretty clearly knows exactly what happened and what the facts are.

You're right. However, what happened is incidental. What will happen is more important.

CS2 is out. Done. Mistake or otherwise, it's out. The vast majority of the users who downloaded it probably aren't registered license holders. Adobe knows this. They also know, because they left the "cookie jar" open, that unregistered users continue to feast.

The question now, at this juncture, is "Where does Adobe go from here?" That matters a helluva lot more than what happened.

Taking it all down and scolding/scaring people who already downloaded it would be far more damaging than just going with the flow and keeping it online. How many people downloaded CS2 already, unaware that it was a mistake/miscommunication? How many of these people do you think have actually roamed the forums or blogs? I think that most are still unaware of what happened. Most downloaded CS2 quite innocently. What would you suggest that Adobe do at this point? Can you imagine the adult-sized crying jag that will result from Adobe yanking away the cookies?

The questions going through Adobe's collective mind must be along the lines of...

Do we accept fault?
Does it damage our bottom line if we keep it up? If so, how much?
How much will it cost us to keep it up?
How can we sweeten the CS7 pot to turn these bottom feeders into customers?
Do we just cut them off at the knees?
Who do we fire?

Obviously, cutting people off a the knees hasn't happened (yet). The one thing that obviously hasn't been going through their minds is, "How can we take credit for this?" Seriously. That would've been the first thing going through my mind. Adobe could've come off looking like princes just by smiling and taking credit. They still can if they just have a last minute change of heart. Instead, I think that they'll stay quiet and just let it happen. Again... Corporate.
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Last edited by cookepuss : 01 January 2013 at 11:26 PM.
 
  01 January 2013
Originally Posted by Ordibble-Plop: Unfortunately, there is no upgrade possible from CS2 to CS6.

And that right there is a key reason for Adobe not to feel threatened. CS2, free or otherwise, is no longer an upgrade path. Download CS2 and you still have to pay full price for CS6. Stick with CS2 and you're functionally still generations behind CS6 and, in some respects, their Elements packages.

CS2 isn't worthless, but it's undeniably an old tech with absolutely no future. It's not a threat.
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  01 January 2013
Adobe has a floor full of lawyers and bean counters thinking all day long about likelihoods. No way this is an innocent mistake. Besides, there are many unanswered questions to the whole matter, like securing properly your copyrights as a software vendor, migrating licensing services to another host, and so on and so forth. It is funny reading people ethical concerns about something which in the end is probably just and intended or at least foreseen outcome.
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Last edited by Samo : 01 January 2013 at 10:45 AM.
 
  01 January 2013
Supposed a chef posts a recipe of making the best soup in front of the door of his apartment, for only his business partner. Ten people happened to walk by, saw the note. Some memorized it; others take a pen and jot the recipe down. Years later, the chef saw his neighbor open a successfuly soup store, one of the menu is his posted soup. Should the neighbor goes to jail?
 
  01 January 2013
From the Adobe web site:

Quote: 11.3 If no license agreement accompanies the Software that is available for download, the download and use of such Software will be governed by the terms of this Section 11.3. Adobe grants you a personal, worldwide, revocable, limited, non-transferable, non-sublicensable, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. For clarification, you shall not distribute, lease, rent, sell, or sublicense the Software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Adobe and Adobe may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Adobe’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Sections 13 and 14 below and your compliance with the export control provisions of Section 22.

http://www.adobe.com/misc/terms.html
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Well now, THATS a good way to put it!
 
  01 January 2013
Originally Posted by rock: Should the neighbor goes to jail?

Well, first off, it's not necessarily a jail-able offense. Lawsuit maybe, but not jail. Unless you want to try and prove criminal copyright infringement, which probably requires a strict burden of proof. That aside, your example is interesting, but missing a pertinent piece of information. Did the chef posting the note explicitly state that it was for his friend? That's key.

If the chef's note said, "Tom, here's my coveted recipe." then it was clear that the chef's intention was to direct this at his friend only. Granted, he's an idiot for posting it publicly, but his target audience was well defined. Anybody creating a shop based around this recipe would indeed be in trouble for a violation of the chef's intellectual property. The chef would no doubt be due compensation. On top of that, there would probably be extra damages resulting from a knowing violation of the IP.

However, if the chef's note just said, "My world famous soup recipe" then the situation gets muddy. Starting a business off solely of this recipe would still be a no-no as the IP wasn't yours. Same as the last scenario. However, failing to note the target audience, Tom in my example, the chef basically implied that it was for anybody with a good memory or a pen. Anybody walking by would naturally assume that it was for the taking. It's not an unreasonable assumption either.

Adobe's situation is closer to the latter than the former. The page simply says, "CS2 downloads". That's it. Nothing about it being for registered users only. Nothing about it being a non-commercial license. Just "CS2 downloads". Adobe, for all intents and purposes, put the "My world famous soup recipe" note on the door. Naively, they expected nobody to take them up on the free soup, so to speak. I find that hard to swallow.

More over, to muddy up Adobe's situation, the EULA is not restricted in the manner one would expect for something non-commercial. That's damaging to them. Why? Because it, theoretically, removes the limitation of you being able to make money off of their "world famous soup."

That's my take.
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Last edited by cookepuss : 01 January 2013 at 03:37 AM.
 
  01 January 2013
The country code in the download page link can be changed to access CS2 for different languages, and interestingly enough the Japanese page is the only one, of the bunch that I checked, that actually states that the downloads were made available only for licensed CS2 owners, and that others downloading the software have to understand that they may be in violation of the terms of the license.

For certain countries only Acrobat is available (the Netherlands and China, for example).

The wording on the Japanese page is a bit fuzzy, though, and still unclear. It reads like a translation of that comment by one of the Adobe employees in the Adobe forumns. But at least the Japanese page does mention that non-licensed users are not supposed to be downloading CS2 - it is meant for the use of CS2 license holders only.
 
  01 January 2013
That just begs more questions than than it answers. Why? One of two scenarios:

1. Adobe is preparing to update their other versions of the page with the same disclaimer.
2. The (non)existence of the disclaimer is regional, lending credence to a "roll with the punches" strategy.

I'm leaning towards #2. The only evidence I have is that the Japanese site has been carrying that warning for at least 2 days now. Google's cache for it was dated 1/8/13. It might've also been there earlier, but Google only saves the most recent cache.

Adobe has, imo, had more than enough time to add that paragraph to their other pages. Thus far, they have not. Fat lot of good it'd do against people who already downloaded it. That ship has sailed.

EDIT>> Dumb question. Anybody track down the source of this "freebie" rumor? Seems odd because CS2 has been online well before this week, afaik


BTW: I know I've been a thread hog. Sorry. I'll shut my yap now.
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Last edited by cookepuss : 01 January 2013 at 07:06 AM.
 
  01 January 2013
There is really no reason to come up with analogies, that confuses things more than helps.
I think it is clear that no one will go to jail over this, but that still doesn't make it legit. Some people seem to think that a lack of response from Adobe is a kind of confirmation that it is actually free. The only thing that is for sure is they haven't said that it IS free.

Here's a simple test. Did you buy it? If you answered no, then you don't own it and no one gave you a free copy.

Adobe is keeping silent, probably for good reason. If they shut it down they risk the bad pr of legitimate users getting screwed. If they announce that it is free, they enter themselves into a whole mess of legalese, defining what " free" means, whether for commercial uses or whatever.

By keeping it not free, but still available they avoid bad press and legal obligations as well.

Could they have spun this in a positive way? Sure, but that is up to them , they don't owe anything to anyone. There is no fault to admit.

As for people downloading it innocently, sure that happened, but who cares? Adobe won't pursue it and anyone in this forum now knows it isn't free.
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Chris Smallfield
Freelance VFX Supervisor / Artist, Berlin
portfolio: http://www.chrissmallfield.com
 
  01 January 2013
I think Chris is right. But the point that actually interests me more is the effect on competitors - that also might be a reason of Adobe to keep this online.
For sure there are many users that think they have to use CS2, because it´s the big player on the market. Instead of probably buying one of the cheaper alternatives. And in the meantime those other applications probably offer more features compared to old CS2, but the name is less shiny. For example Photoline.
And what effect does this have on Gimp.
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  01 January 2013
I would be curious to know what share of the market Adobe has? The alternatives might be such a small share that it would be hard to call them competitors. Even among us CG artists, we make up a pretty tiny amount of Photoshop users. CG artists make up something like 50-75k photoshop users, while worldwide about 7-12 million people use it. With those kind of numbers even if every CG artist switched to Gimp it really wouldn't affect Adobe at all.

The fact that 60% of users, use a pirated version is there main concern.
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Chris Smallfield
Freelance VFX Supervisor / Artist, Berlin
portfolio: http://www.chrissmallfield.com
 
  01 January 2013
Quote: Here's a simple test. Did you buy it? If you answered no, then you don't own it and no one gave you a free copy.


Adobe has failed to properly secure their rights as a copyright holder and after the event unfolded they have taken no action to remedy the situation. If there were some strong competition going on in this market, with other packages competing with Photoshop for the top, then Adobe would probably get sued for market dumping.
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Last edited by Samo : 01 January 2013 at 11:35 AM.
 
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