In article , Ken Hart
wrote:
Anyone know if this is really true ...
https://www.lightstalking.com/you-br...pher-takes-ado
be-to-court-for-deleting-photos-worth-250k/
He is filing a class-action suit.
which makes no sense.
He claims $250K in losses, which if
the filing information is accurate, is probably a reasonable figure.
it isn't, since by his own actions, he placed no value on the data.
if he had, he would have taken steps to protect against loss by making
at least one backup. the more valuable the data, the more backups there
would be.
with *no* backups, he could have lost everything due to fire, theft,
mechanical failure, cat peed on the drive, etc., none of which have
anything to do with adobe.
another hard drive is $100 or so, depending on capacity, therefore his
data is worth *less* than that.
a bigger problem is that adobe clearly states (as does every software
vendor) that they are not liable for data loss or other damage for any
reason.
https://www.adobe.com/legal/terms.html
8.2*Indemnification.*You will indemnify us and our subsidiaries,
affiliates, officers, agents, employees, partners, and licensors from
any claim, demand, loss, or damage, including reasonable attorneysı
fees, arising out of or related to your Content, your use of the
Services or Software, or your violation of the Terms.
....
9.2*We specifically disclaim all liability for any actions resulting
from your use of any Services or Software. You may use and access the
Services or Software at your own discretion and risk, and you are
solely responsible for any damage to your computer system or loss of
data that results from the use of and access to any Service or
Software.
....
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 employeesı, intentional misconduct,
or for death or personal injury.
10.2*Our total liability in any matter arising out of or related to
the Terms is limited to US $100 or the aggregate amount that you paid
for access to the Service and Software during the three-month period
preceding the event giving rise to the liability, whichever is
larger. This limitation will apply regardless of the form or source
of claim or loss, whether the claim or loss was foreseeable, and
whether a party has been advised of the possibility of the claim or
loss.
A pdf of the filing is he
https://regmedia.co.uk/2018/11/07/adobe_suit.pdf
entertaining reading. he takes stupidity to a new level.
from that, he admits that he had *no* backups in a *seven* *year*
period.
he also had a drobo, which is well known to not be particularly
reliable.
he claims to have run data rescue on it, which i'm surprised it even
attempted to recover given how drobos work, so it's not surprising it
found nothing in that instance (excellent app otherwise).