Discussion

By Rick Gagner on Jul 23, 2007

Kudos to WhatTheyThink and PrintCEO for addressing and monitoring this critical strategic move, or should I say gaffe, by Adobe. As a print provider that offers their own brand of Web2Print (www.agileweb2print.com), I was thunderstruck to read here, in this forum, that Adobe would become my competitor in this growing print services category - with FedEx/Kinkos, no less. I'm appalled, and I hope that this becomes a regulatory issue. That would move this to a clear conclusion in a real hurry. If not, we're facing a protracted dispute that will take years to resolve, and irreparable harm to an already reeling print community.

By John Henry on Jul 24, 2007

Do you know about the "Adobe Code of Business Conduct" it is under Corporate Governance in the Investor Relations section of Adobes' website: http://www.adobe.com/aboutadobe/invrelations/pdfs/code_of_conduct_ext.pdf

I think all the executive and operating officers need to be reminded of the Code and some of its provisions.

I also think so far some of our industry writers have not done a good job of holding Adobes feet to the fire on this issue. At this time some are sitting the fence, wanting and praying not to be compelled to jump in. Reporting is "reporting" and should be fair to both sides, but many writers also offer commentary and so far have been silent...I hope Adobe's financial largesse is not a factor in their silence.

I have seen competitors now offering options to combat the link and am sure others are working hard at other ones. Some boycotts are being formed against the use of both Adobe products and FedEx shipping.

I even have been contacted to participate in a show of displeasure at GraphExpo, if Adobe has not removed the link or come up with a successful resolution by then.

In only my interpretation of the above PDF, the people at Adobe who came up with the FedEx/Kinko's deal are in violation of their own code in many areas.

Here are just a few I find troublesome in regards to the whole deal and how Adobe has so far acted. I have cut and pasted these excerpts from an email I received. Refer to the complete PDF for exact wording and complete context.

"*Fair Dealing*
You are expected to deal fairly with employees, vendors, *partners*, and stockholders. *You are prohibited from engaging in unfair methods of competition and unfair* or deceptive *acts and practices.* *You should not take advantage of anyone through manipulation,* concealment, abuse of privileges information or misrepresentation of material facts."

*"Conflicts of Interest...*
"Factors you should consider in evaluating a potential conflict if interest include: "...Could the activity result in improper financial or other benefit (direct or indirect) to me or one of Adobe's customer, *partners,* suppliers *or other service providers? *"

*"Business Ethics Principles *

Adobe aims to be a good corporate citizen by conducting business in an ethical manner... We should strive to ensure that the people and companies we associate with have the same values that we expect from ourselves.

"Adobe is committed to promoting integrity and maintaining high standards of ethical conduct in all of our activities. *Our success is built on a foundation of integrity and depends on trusting relationships. **Our reputation is founded on* the personal integrity of our employees and *our commitment to the following guiding business ethics principles: *

INTEGRITY AND RESPECT in conducting business according to high ethical standards and treating our employees, customers, vendors, partners, stockholders and the community in which we work with dignity and respect

HONESTY** in our* internal and *external communications* and all business transactions

QUALITY *in our products and services, *striving to deliver the highest value to our* customers and *partners*

RESPONSIBILITY for our words and actions to confirm our commitment to do what we say *

FAIRNESS to our* fellow employees, customers, vendors, *partners *and stockholders *through adherence to* applicable laws, regulations and policies and *a high standard of behavior"*

"When making business decisions, we should ask ourselves several important questions to determine if a specific action is proper:

Am I adhering to the spirit, as well as the letter, of any law that may apply to my situation?*

Are my actions consistent with the overall principles set forth in this Code as well other Adobe policies?*

Would I want my actions reported publicly?

What would my family, friends, manager or co-workers think of my actions?


* Will there be any direct or indirect negative consequences for Adobe?" *

"*Competitive Behavior*
*Our activities are governed by antitrust and trade regulation* statutes in many jurisdictions where we conduct business.
*"There are many types of activities that may...be violations* of applicable antitrust laws...*Such activities may include *certain types of discussions,...agreements, (whther formal or informal, written or oral), or *certain joint activities involving Adobe and other third parties*."
**