There is much talk on-line over recent days of how Adobe have released Creative Suite 2 for free, which includes Adobe Audition 3, audio editing software widely used in the radio field.
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Adobe say “OH NO WE’RE NOT”, I say “OH YES YOU ARE”…
or rather “My interpretation of the licence agreement is that you have granted me a licence không tính tiền of charge for limited use”, not that I’m free to use the software anywhere without restriction, bởi read on for my findings.
See these pages:
for pointers where I found the “offer” of a miễn phí copy of CS3.
Never believe everything to lớn read on the internet? Is it too good to lớn be true?
Well yes if you read what an Adobe employee, Dov Isaacs, says here:http://forums.adobe.com/message/4974775
I quote (as retrieved 8Jan):
On behalf of Adobe Systems Incorporated …
You have heard wrong! Adobe is absolutely not providing free copies of CS2!
What is true is that Adobe is terminating the activation servers for CS2 và that for existing licensed users of CS2 who need lớn reinstall their software, copies of CS2 that don’t require activation but vì chưng require valid serial numbers are available. (Special serial numbers are provided on the page for each product download.) See .
You are only legally entitled to download and install with that serial number if you have a valid license to lớn the product!
Disclaimer I am most definitely NOT A LAWYER, I bởi vì not have any (formal) qualification in law, but in my capacity over the years as a director of several companies và with responsibility over IT at a number of both “commercial” and “non profits” I’m no stranger to lớn sifting through complex legalise.
So in this article I’m going to run through my experiences of obtaining và installing this software, và my interpretation of the legal ramifications.
I signed into the Adobe account, that I created sometime in the past.
All that Adobe seemed to lớn have by way of details on this account is my name and e-mail address (though as it is a thư điện tử at a domain name I own some rudimentary research would pull up further contact details.) I can’t recall why I signed up for an adobe account, only due khổng lồ the fact I have a system khổng lồ create quality passwords for different sites, that I was able lớn work out what I’d used as username và password for Abode.
I then visited the now widely publicised download URL, I used the one with ‘entitlement’ in the URL, but it seems the same page can be reached by an alternative URL with ‘download’ in it, currently showing up as organic search result number two in google for “cs2 download” (of course my google results may be skewed due to lớn my various recent searches on the topic leading google lớn be clever in providing me relevant results.)
The page I visited provided me with download links on Adobe servers, và serial codes for the software. I duly downloaded some of this software, including the Adobe Audition 3 installer.
So I preceded khổng lồ install the software:
The downloaded tệp tin is a fancy ‘self extracting archive’ of the install files, which extract the files to a folder on your computer.
The ‘read me’ tệp tin talks of how I need a serial number (which I’ve been provided by Adobe on their website) and will need to lớn ‘activate’ the software, which we know from the Adobe tư vấn article is no longer needed. Indeed further along the process I was not asked to ‘activate’ the software.
I run the “Audition 3.0 Setup.exe” tệp tin from the “Adobe Audition 3.0” folder of the files extracted. Just to lớn make sure I right-clicked “run as Administrator” as I’m using Windows 7 so wanted khổng lồ ensure the install went smoothly.
I select the mặc định ‘English’ language.
I’m now asked to accept the Licence agreement.
So I decided to read the contents of the EULA, I’ve uploaded a copy of the license document I was prompted to ‘save’ here.
Lets look further into this agreement I am being asked khổng lồ accept before continuing with the software installation:
What follows is quotes from this document, followed by my comments
This is the entire agreement between Adobe và you relating to the Software và it supersedes any prior representations, discussions, undertakings, communications or advertising relating khổng lồ the Software.”
I take this to mean anything I read elsewhere, including statements from Adobe employees on their tư vấn forums, is irrelevant, the only basis that I can take to lớn assume a right to lớn use this software is as outlined in this licence document, apart from…..
Upgrades và updates may be licensed lớn you by Adobe with additional or different terms.
I’m not planning on installing any upgrades or update, but if I vày I will need to check if there are different licence terms.
“Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Adobe.”
I have not been granted a different licence from Adobe, so in my case I must interpret “permitted number” to mean “one”.
2. Software License. If you obtained the Software from Adobe or one of its authorized licensees và as long as you comply with the terms of this agreement, Adobe grants you a non-exclusive license to use the Software in the manner & for the purposes described in the Documentation, as further phối forth below.
I have obtained the software from Adobe, as I downloaded the software from their site after following the link provided to be while logged into the ‘Adobe ID’ mechanism on their website, so they clearly knew they where providing the software to lớn me.
“General Use. You may install và use one copy of the Software on up to the Permitted Number of your compatible Computers”
“2.4 Portable or home Computer Use. Subject to the important restrictions set forth in Section 2.5 below, the primary user of the Computer on which the Software is installed (“Primary User”) may install a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided that the Software on the portable or trang chủ Computer is not used at the same time as the Software on the primary Computer. You may be required to liên hệ Adobe in order to lớn make a second copy.”
2.5 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under an Adobe volume license program (currently known as Adobe open Options) by any licensee other than an educational volume licensee, the second copy of the Software made under Section 2.4 must be used solely for the benefit and business of that volume licensee.
I interpret this as meaning I can install the software on my “main computer” và also on a second computer in my home, or a portable computer, as long as I am not using it at the same time. I’ve not been issued a volume licence so the restrictions in section 2.5 are not applicable.
If I had obtained this software on behalf of an organisation, be that a commercial business or a “non profit” organisation, rather than myself, this only lets me install the software on two machines, as long as both are not used at the same time. It does not allow me lớn install the software on more than two machines in my organisation.
“10. Governing Law. This agreement will be governed by và construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is purchased when you are in the United States, Canada, or Mexico; or (b) Japan, if a license lớn the Software is purchased when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license khổng lồ the Software is purchased when you are in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to lớn this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.”
This is the interesting bit, based on my location in England, UK, if I had “purchased” this software, this agreement would be subject khổng lồ English Law. However I have not “purchased” the software in the sense that no monitory consideration has changed hands between myself and Adobe. In a legal sense I am unsure if I would be deemed khổng lồ have “purchased” the software.
“11. General Provisions. If any part of this agreement is found void & unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according khổng lồ its terms.”
Given I may not have “purchased” the software, therefore clause 10 may be void, insofar as being not relevant, then the rest of the agreement still stands. The only outcome I can see of this is that the agreement is not governed by English Law. Does this mean that the agreement with me is governed by California law, as that is where Adobe are based?
In this case as the end user I need lớn be happy that I am agreeing khổng lồ the terms based on which ever jurisdiction I understand the agreement to lớn be governed by. Although I am unclear as khổng lồ what jurisdiction the agreement falls under, I’m happy to lớn accept that I’m happy with the agreement regardless of what governing law it falls under, so I clicked the “accept” button lớn indicate my agreement.
I run the software.
The software runs fine.
So I check back on the Adobe website, although I’ve registered the software using the same name and thư điện tử as used with my Adobe ID when I kiểm tra it is not showing up in my Adobe ID ‘my account’ section.
So what conclusions can I draw?
On a technical basis I’ve proved the software installs and works fine.
On a legal front I have satisfied myself as an individual user that I obtained both the installer and licence key from Adobe directly, while “logged into” their systems, so I’d argue they’d knew who they where providing the software to.
I’m satisfied the EULA grants me usage of the software.
My only doubt is that in the case of any legal kích hoạt over the licence agreement I am unclear as lớn what jurisdiction the agreement would be governed under. However I am sufficiently satisfied that any kích hoạt would come under the jurisdiction of either the courts of London, England, or California, US courts. While I’m not a lawyer I’m sufficiently happy that the my interpretation of the licence agreement Adobe have provided lớn me would be the same as any court. Furthermore the maximum “costs” they could seek from me is the value of the, to lớn use their terms, of the obsolete software, which is not a significant sum.
At this stage what I am NOT convinced of is the right to lớn install this software on multiple computers in any of the “not for profit” organisations I work with.
The licence clearly states the number of machines the licence allows the software lớn be installed on.
This is a bit of a shame, given in the past some the organisations I work with (community radio stations) have invested considerable sums, or at least what feels like considerable sums to lớn them, in even older versions of Adobe software, it would be nice if they could legitimately “upgrade” khổng lồ a more recent, if not current, version of the software.
So at the over of the day, I’m happy I’ve got legit personal use of Adobe Audition 3, I’m not yet convinced I can roll out this version of Adobe Audition anywhere I feel like.