> If anyone had asked about automated use in AI it's very likely the answer would have been a clear "No."
Maybe. Maybe not. Very clearly there is a price point where it could be worth it for the artist. Like if adobe paid more for the rights than they recon they will ever earn in a lifetime or something. But clearly everybody would have said “no” at the great price point of 0 dollars.
When the agreement was signed no one was even able to imagine their work being used for AI. As far as they knew they were signing a standard distribution agreement with one particular rights outlet, while reserving all other rights for more general use. If anyone had asked about automated use in AI it's very likely the answer would have been a clear "No."
It's predatory and very possibly unlawful to assume the original agreement wording grants that right automatically.
The existence of contract wording does not automatically imply the validity of that wording. Contracts can always be ruled excessive, predatory, and unlawful no matter what they say or who signed them.