SoylentNews is people
SoylentNews
from the if-I-had-a-backup-I'd-still-sue dept.
Submitted via IRC for Bytram
Premiere Pro bug ate my videos! Bloke sues Adobe after greedy 'clean cache' wipes files
Adobe is being sued after Premiere Pro unexpectedly deleted a snapper's valuable media files.
David Keith Cooper on Wednesday sued Adobe in San Jose, USA, on behalf of himself and anyone who purchased Premiere Pro 11.1.0, and, as a result, had their personal media files nuked by the video-editing suite. The sueball claims a bug in the application caused it to judiciously erase expensive footage for his projects when he hit the "Clean Cache" function.
[...] At some point, he wanted to free up space on that drive, so told the app to instead use the "Videos" directory on an external storage device to store cached materials. That "Videos" directory also happened to contain footage Cooper, a professional photographer and videographer, had been using for his work. We think you know where this is going.
When he later hit a button to clean the suite's cache, rather than delete the "Media Cache" folder in his "Videos" directory, it instead wiped everything that hadn't been accessed for 90 or more days from the whole "Videos" directory, it is claimed.
[...] Adobe declined to comment on the case, citing a policy against discussing pending litigation.
(Score: 1) by Ingar on Thursday November 08 2018, @05:48PM (3 children)
10.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, or for death or personal injury.
(Score: 0) by Anonymous Coward on Friday November 09 2018, @10:33AM
Of course, just because they write it in their terms of use doesn't imply that it conforms to applicable law. After all, there's a reason why such terms typically contain the clause that if some terms are found invalid, that doesn't automatically invalidate the rest.
(Score: 3, Insightful) by sjames on Friday November 09 2018, @07:59PM (1 child)
Terms of use routinely attempt to disclaim liabilities that can't actually be disclaimed.
You can't just put a not responsible bumper sticker on your car and cancel your liability insurance.
(Score: 2) by rondon on Saturday November 10 2018, @03:46AM
Thank you!
I can't believe that people, on this site of all places, don't understand that words written by a lawyer aren't necessarily an enforceable contract. In fact, it is not possible to use a contract to wish away a pretty sizeable number of rights and responsibilities.
So lets say it one more time for the peanut gallery - DON'T EVER TRUST A SHRINKWRAP AGREEMENT