URGENT - Is Adobe Suing Me? Their Customer!?

[cbanakis]

I desperately need to answer this question before I seriously have a heart attack.

Since I have creative cloud now, I though it would be a good idea to sell all 5-10 year old, legitimate Adobe software I had, that was purchased at retail stores.

I made sure that all of the products were de-activated, and removed all traces of them from my computers.

Then, off to Ebay I went.

The last product sold 1-2 months ago, and last week I got a certified letter, from someone claiming to be an attorney operating on Adobe's behalf.

The letter demanded that I provide details on the software I sold, or I would be sued.

I assumed it was just a misunderstanding, and that they wrongfully thought I sold pirated software.

So I cooperated.

I was terrified in the beginning, cause I'm just some guy that earns $50k per year.

A monster like Adobe would destroy me.

But I kept re-assuring myself that it must be some kind of misunderstanding.

I provided all the details for the products I sold.

I haven't been able to dig up any receipts yet, because everything was purchased between 5 and 10 years ago.

Then I was told that since I did not fill out a request form prior to selling (Something I knew nothing about) Adobe is demanding I pay them $3,400 in damages!!!

At this point, all hope is out the window, and there is no way I could possibly afford that.

But since this is no longer a simple misunderstanding, and they know I wasn't selling pirated software, now I am starting to think that the whole thing is a big scam.

Would Adobe seriously sue their customer over something as trivial as filing the paper work before selling software that has been discontinued for 5 years, or longer?

I tried contacting Adobe through every contact number I could find to try and verify if this is legit, or a scam, and I can't get in contact with anyone who can tell me if Adobe is really suiing me, or not.

I'm worried about losing my house!

All because the money Adobe made off the software the first time wasn't enough, and I didn't know I was supposed to fill out a form before I sold what was mine?

I searched online, and I cannot find any instances of Adobe suing anyone over this, but the certified mail, paperwork, and email correspondence I have had with the person claiming to be from the law firm that represents Adobe was pretty convincing.

Does anyone know who I can talk to, to verify if Adobe is really gonna sue me or not?

Thank you very much in advance for your time, and for any advise you may have.

Chris Banakis

[Ussnorway]

cbanakis  wrote

now I am starting to think that the whole thing is a big scam.

correct

[chanaart]

Sound like a scam. I will not pay attention and not give them anymore details.

[John T Smith]

There is a Transfer (selling or giving your software away) https://forums.adobe.com/thread/1355892

-you may NOT sell or transfer an Education serial number

... but the buyer will be the one with the problem, if a serial number that is registered to your Adobe ID won't activate because you did not complete the transfer process

As the others have said, I don't think Adobe is going to sue you over selling old programs, they will simply refuse to activate the program for the buyer if the serial number is registered to you

But, to be sure, find an employee in a forum (big STAFF) next to their name, and hover your mouse over their name

you may then click the Message option in the popup window to send a private email

[Rajashree Bhattacharya · Accepted solution]

Hi Chris,

You may also post the query at abuse@adobe.com

Thanks

Rajashree

[cbanakis]

It's definitely reassuring that others think this is fake too.

But I would definitely like to hear it from Adobe, so I can rest easy, and be confident that they arent gonna take my house from me.

I have tried calling every number I can find, and no one seems to be able to verify if they are in fact suing me or not.

I will try my luck with abuse@adobe.com

Thank you all.

This better not be real.

That would be insane.

[WILDCAT54]

The last product sold 1-2 months ago, and last week I got a certified letter, from someone claiming to be an attorney operating on Adobe's behalf.

How did you receive this letter? Email?

[cbanakis]

No, it came in the mail, and I had to sign for it.

I'm starting to think that it isn't completely a scam.

Could be a law firm that actually has the authority to act on behalf of Adobe, and they just try to get people to settle "Or Else", but really just a bluff, unless actual piracy is involved?

[Pariah Burke]

It is a scam. You absolutely have the legal right to sell boxed software and its corresponding serial number you purchased as long as you sell them according to their license (e.g. 1 copy to 1 person, don't retain a copy for yourself, etc.).

If you really want to hear it from Adobe itself, you can email legal@adobe.com or call Adobe's headquarters at 408-536-6000 and ask to be transferred to the Legal Department.

[cbanakis]

Thanks, I emailed them as well.

[cbanakis]

LOL

legal@adobe.com bounced back.

[cmgap]

The last product sold 1-2 months ago, and last week I got a certified letter, from someone claiming to be an attorney operating on Adobe's behalf.

So I cooperated.

Have you reached out to the attorney and had a conversation with someone from this firm? Where is the attorney / firm located? Have you done any research on this individual or legal firm that you were contacted by? Have you checked them out with the BBB?

[Nancy OShea]

BBB means nothing.  Contact the State Bar.

[cmgap]

Right Nancy! State Bar much better than BBB - just wanted to set OP on the path of checking out the attorney and that should do it!

[Nancy OShea]

I'm going to play the Devil's Advocate here .

Last year, I had a problem with an image.  Turns out it wasn't royalty free as I believed.  An attorney's letter came by mail (not email) asking me to prove I had permission to use his client's image.  Failing that, I had 48 hours to remove the image.  And I had to pay a fine. It was a really stupid image too.  Had I known it wasn't royalty free, I never would have used it.  But ignorance is no excuse.  And since there's no winning these disputes, I paid the fine.

Did you read Adobe's End-User License Agreement (EULA) ? This one is for CS6.

http://wwwimages.adobe.com/content/dam/acom/en/legal/licenses-terms/pdf/CS6.pdf

Starting on page 100

4.6 No Transfer.

4.6.1 CUSTOMER WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS RIGHTS IN THE SOFTWARE (INCLUDING WITHOUT LIMITATION, SOFTWARE

OBTAINED THROUGH A WEB  DOWNLOAD), OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN...

Adobe owns the software that YOU sold.  That's right.  You don't own the software.  You purchased a license to use their software. And you failed to transfer your license to the buyer.  So now the buyer is stuck with software that may or may not work right. 

As most people know, EBay has a reputation for facilitating sales of pirated junk & malware. It could best be called a den of software thieves.   You're judged by the company you keep.

Why Not to Buy Adobe Software on eBay, Craigslist or Amazon Mkt

http://prodesigntools.com/dont-buy-adobe-software-on-ebay-craigslist-or-amazon-marketplace.html

I hope for your sake this turns out in your favor and is nothing more than an elaborate scam to part software pirates from their money.  Gosh knows, there's no group that deserves it more.   But next time you decide to sell old copies of software, do some homework first.

Good luck!

[cbanakis]

Yeah, from what I understand, the only thing I did less than correctly, was filing for a transfer of license.

But as some guy who bought software, how on earth would I know about that?

If Adobe really treats a small error like that like its full blown piracy, that's insane.

I made sure that I deactivated everything, and followed up with all buyers to make sure they didn't have any problems, and none of them did.

Like I said, at first I thought they just assumed it was pirated, so I was hopeful that it was just a misunderstanding, but now they know it wasn't pirated, and flat out said "You were supposed to ask permission, since you didn't we are demanding damages in the amount of $3400, or we will take this to trial" (paraphrasing)

A.  How the hell are they gonna demand WAY more money than I sold the software for, especially when you consider what I paid for it in the first place.

B.  Damages!?  Really!?

All the software I sold was 5-10 years old, and Adobe no longer carries, manufactures, or supports it.

So how exactly did they lose money from people buying stuff from me, that they don't sell anymore?

And how do they lose money, when I sold it for less than 10% of what I paid them?

If they told me "You should have filed a transfer of license request, and since you didn't, we are fineing you $50, I would have just paid them.  But $3400 is insane.  (4 months rent)

The amount is the biggest reason why I started thinking scam.

It doesn't make any sense why they would ask for tripple what I sold for.