x PhoneArena is looking for new authors! To view all available positions, click here.
  • Home
  • News
  • Instagram faces class-action suit following ToS change

Instagram faces class-action suit following ToS change

Posted: , by Alan F.

Tags:

Instagram faces class-action suit following ToS change
"In short, Instagram declares that 'possession is nine-tenths of the law and if you don't like it, you can't stop us"-Portion of law suit filed against Instagram
A class-action suit against Instagram was filed Friday in U.S. Federal Court in San Francisco. A user of Instagram in California says that the photo-sharing site is guilty of breach-of-contract as well as other violations pertaining to privacy and user data. This all came about following last week's decision by Instagram to change the wording of its ToS which led many to speculate that the company was going to start selling members' photos to corporations to use in advertisements, and keep the cash. What made this seem legitimate is the pressure that Facebook feels trying to monetize the property for which it paid $1 billion (at the time of the announcement of the deal). As a public company, Facebook needs to continue to report stronger earnings gains each quarter to placate analysts.

While Instagram founder and CEO Kevin Systrom apologized, Instagram again revised the ToS which removed the offending language. However, the revision to the revised ToS now adds a mandatory arbitration clause, removing the rights of users to file a class action suit against the photo-sharing site. And while those members who do not agree with the latest ToS are allowed to simply walk away from the site, the suit notes that they lose the ability to take back pictures stored on Instagram. The latest ToS on the site does seem to give Instagram the ability to sell member's pictures regardless of denials by Systrom that the site will do so.

"Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy."-Instagram's Terms of Service

source: Electronista

14 Comments
  • Options
    Close




posted on 24 Dec 2012, 19:06 4

1. ckoch125 (Posts: 187; Member since: 29 Oct 2012)


America land of the sue happy people. Smh

posted on 24 Dec 2012, 19:09 3

2. XPERIA-KNIGHT (Posts: 2384; Member since: 08 Aug 2012)


woooow are they serious......again?? They got off easy the first time and now they want to continue to try and push the limits? Its not going to be good for instagram users is all I can say.............Looks like it may be time to move on :(

posted on 24 Dec 2012, 19:10 6

3. Planterz (Posts: 567; Member since: 30 Apr 2012)


Oh no, not a "sut"!

posted on 24 Dec 2012, 19:48

8. Cynipap999 (banned) (Posts: 138; Member since: 15 Nov 2012)


Yes, too many 'suts', 'iSuts' and Apple sluts; it's just too disconcerting during this time of cheer.

posted on 24 Dec 2012, 19:15 12

4. D.Aceveda (Posts: 358; Member since: 30 Jun 2012)


Instagram sucks. It's a useless service. Just stop using it. Guarantee they'd change their TOS real quick if people just quit using Instagram. But people are idiots and need dumbass filters to add to their pics.

posted on 24 Dec 2012, 19:19 1

5. XPERIA-KNIGHT (Posts: 2384; Member since: 08 Aug 2012)


well its looks like they are going to FORCE people to stop using it, and like you said......well see where they stand then!.........if this continues

posted on 24 Dec 2012, 19:46 2

7. gmacattacks (Posts: 24; Member since: 07 Sep 2012)


amen!

posted on 24 Dec 2012, 21:16 2

9. Goldeneye (Posts: 349; Member since: 22 Jan 2011)


I hear you, I still don't understand what's the freaking deal with this stupid app, that's why I don't have a Facebook account in the first place, I don't trust anybody to handle my personal stuff, cloud services? Sure just for music that's it.

posted on 24 Dec 2012, 19:32 5

6. techguy22 (Posts: 226; Member since: 09 Aug 2012)


yeah we Americans love suing each other smh

posted on 25 Dec 2012, 11:13 2

10. JohnnyBravo (Posts: 105; Member since: 02 Dec 2012)


All Im going to say is let that be a lesson to any future App developer or company to place such horrible wording in their contract/terms of service. Bad, bad, bad! Im sick and tired of the small print and people not reading them. For example: I went rock wall climbing with my brothers a few years ago, I had to sign a contract before I could use this place's equipment. I happen to take the time and read the small print and it stated that " I will not hold company xxx liable for any injury incurred even for faulty equipment they provide." What the F?!?!?!?!?! I land in the hospital due to your faulty equipment and said company is not liable???!! read the small print people!!!!!!!!!

posted on 25 Dec 2012, 14:40 2

11. Azure01 (Posts: 126; Member since: 16 Aug 2011)


Normally I would say "wow another person taking advantage of the fact that you can sue for just about anything." Though with the fact that they can keep your pictures even after you leave, thats not okay.

posted on 26 Dec 2012, 03:17

12. bluescreen (Posts: 154; Member since: 22 Nov 2012)


seems like instagram now known as facegram aka facebook would get along quite well with apple consider they both say everything is mine mine mine all mine!!!

posted on 26 Dec 2012, 07:59

13. ananthonline (Posts: 5; Member since: 09 Sep 2011)


Let me get this straight. A class action lawsuit against a silly non-essential photo sharing service for a ToS change, but the money-grubbing carriers with rules about Facetime, VoIP or tethering or the cable companies with the monopolies and the absolutely unethical and inhuman insurance/medical industry in America gets away scot free? Wake up, America and prioritize your problems. Fix what needs to be fixed.

posted on 26 Dec 2012, 13:03

14. Rayvelynn (Posts: 123; Member since: 05 Jul 2012)


The day Instagram came out with the ToS I went into my Instagram & started deleting any personal pictures of me & my family. Just to find that it wouldn't delete them. & then a couple hours later I tried it again. & it showed as if they were all deleted. But after I refreshed the screen they started popping up all at once. WTH??? Now I just completley deleted my account & moved on to Streamzoo which in my opinion is so much better than Instagram.

Want to comment? Please login or register.

Latest stories