There's Now A Class-Action Lawsuit Against Instagram

Because it's the holidays, and people will sue anything, and everything is horrible, a California Instagram user has filed a class action lawsuit over that terms of service kerfuffle last week. Needless to say, this is dumb.

While Instagram likely overreached by claiming it could receive compensation by selling your photos for companies who may want to advertise with them, it quickly recanted. Not only that, but the terms of service that users took such issue with never even had a chance to go into effect.

So why the suit? Because Instagram is still insisting that it might -- heavens forbid -- show you ads. And if you decide to leave the service over it, you forfeit all your old photos.

Let's be clear about one thing: there's no way this lawsuit goes anywhere. At all. Instagram is a company, not a public utility. Serving you ads is the only way it can make money. It's the price you pay for all those fancy filters. If you don't like it, leave. The end. [Reuters]



    glad to see they recanted their T&Cs.

    Last edited 25/12/12 8:45 am

      Oh god a company making money off a service they give you for free! Heaven forbid a company uses the picture of your chicken parmy at the pub. Grow up world! It costs money to run severs, connect with other providers and oh to make apps. Why don't you try it and see if you'd like a little compensation for your effort

        And it's called advertising .. Not selling people's own hard worked photos... When your face turns up as the next incentive to wear a comdom, recognise the fact they over stepped.

        Do some research into the ramifications of what they wanted to do before mouthing off and sounding like a soapboxing self righteous twat.

          They wanted to do nothing different from what they did before. The wording is different but the tos is essentially the same.


            Not quite, Instagram actually said that it had the legal right to sell any of its users' photographs without payment or notification to the user. This would be a major financial moneyspinner for them, but not a cent would go to those who took the photos. Not to mention the fact that permission would never need to be sought. These terms and conditions did not exist previously. This was the policy shift that caused a major public outcry.
            The truly interesting part is that their attempted policy takes effect on Jan 16 2013, only three months after Facebook bought it. Unless Instagram users delete their accounts before the January deadline, they cannot opt out of this.

            These terms and conditions are majorly different to the original ones, which in laymens terms were 'The photos you take are yours and yours forever and will not be sold to other companies.' for lack of a better term.

            Oh also, there was a new policy that just essentially assumed anyone under 18 had parental consent to give use (read: Instagram just uses anyhow) of photos from their accounts. Minors photos would be able to be used too without anyone signing off on it. Dodgy. as. shit.

    And if you decide to leave the service over it, you forfeit all your old photos.

    You don't have to lose your old photos. Before cancelling your Instagram account, use Instaport ( to download all your photos in one zip archive.

      I don't think it's talking about losing photos. I understand that it's saying if you leave, your old photos will now belong to them.

        Nope, when you cancel your Instagram account all of your photos are removed (deleted) from the server(s) entirely.

          I see, it doesn't seem like a big problem. If you cancel your account, you would expect that your photos will be gone. (Unless it's Facebook, they know you'll be back haha)

    I think the wording is important here; "forfeit" is vastly different from "lose". Forfeit can be to EITHER loose or SURRENDER your photo. I am only guessing but if it is a case of surrendering your photos to Instagram, then Instagram can do what they want with them including on-selling them to third parties. This maybe what people have an issue with.

    #don't #care #if #we #loose #instagram #sick #of #these #things


        Twitter posts sometimes contain a few hashtags, whereas Instagram photos often contain a ridiculous amount of them.

    People have to in someway pay for a service they use diddums

    If they aren't selling you a product, and you aren't paying anything, YOU are the product..

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