this post was submitted on 16 Jun 2024
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AFAIK, the unilateral nature of TOS/EULA agreements in the day of Software as a Service hasn't been litigated. Which means there isn't a court's opinion on the scope or limits of a TOS/EULA and what changes can be made.
Currently, Adobe has the full force of contract law to initiate this change without any input from consumers because a case about this has never made it to the courts.
It'll be interesting to see where this goes, but Adobe will likely backpedal on their language in the TOS before any case gets to a Judge because the last thing any company wants is for a TOS/EULA agreement to be fundamentally undermined by a court.
It's interesting to see large organizations backpedalling when it's clear things will head to court. Tells us they know their shit won't stand up in court, and it would set a precedent making it easy for "ambulance chaser" lawyers to file a whole bunch of cases.