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Instagram Trying to Have Policy Change Class Action Lawsuit Thrown Out

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In December 2012, Instagram took steps toward profitability by adding some controversial monetization-related sections to its Terms of Service. The resulting outcry led to key sections being restored to original 2010 versions, but that didn’t stop a certain user named Lucy Funes from launching a class action lawsuit against the photo sharing service.

The latest news in the saga is that Instagram is now asking that the lawsuit be thrown out.

Funes’ class action lawsuit, filed on December 21, claims that Instagram breached its contract and would be demanding ownership rights to the photos shared through the service.

According to Reuters, Instagram appealed to a federal court yesterday, arguing that Funes had plenty of time to delete her Instagram account prior to the changes going into effect (Instagram had announced the change one month before they were to take effect on January 16, 2013).

Instagram’s filing also claims that both the old and new versions of the terms, “emphasize that (the plaintiff) owns the content she posts through Instagram’s service.”

If you’re an Instagram user who was hoping to make a quick buck off Instagram through this lawsuit, here’s some bad news for you: Instagram’s new terms of service includes a “mandatory arbitration clause” that forces you to mostly waive your rights to participate in a class action lawsuit.


Image credit: Photo illustration based on Court is now in session at Belmont Law! by franklingraves


 
  • SpaceMan

    People still use Instagram? Geeez, get with the times

  • Michael Choi

    This is lame and your article is lame too. Its too bad you think everyone is just after the money.

  • Porter

    Even happier by the day that I cancelled IG and FB back in December. FB is killing IG slowly, but surely. I imagine that within a year or two, they’ll turn their billion dollar investment into a complete washout. Later still, FB’s course and the passing of it’s fad, will lead it down the same path. IG is the canary in the mine for FB. There is only so much that most people will take.

  • Chris Pickrell

    They were. They changed the policies to claim they had the right to sell and license photos. This is not a conspiracy.

  • http://twitter.com/intensitystudio Antonio Carrasco

    This is a non-story.

    Instagram/Facebook, like all large corporations, has attorneys on contract to deal with any legal issues that might arise. A lawsuit was filed against instagram and OF COURSE the lawyers are going to file demurrers, motions to dismiss, etc., etc. That’s the attorneys jobs.

  • Michael Choi

    I meant the ‘everyone’ who participated in the class action lawsuit and thought it was lame for Michael Zang saying “If you’re an Instagram user who was hoping to make a quick buck off
    Instagram through this lawsuit, here’s some bad news for you:
    Instagram’s new terms of service includes a “mandatory arbitration
    clause” that forces you to mostly waive your rights to participate in a
    class action lawsuit.”

    And you are right about Facebook/Instagram and that’s why I never signed up with Instagram in the first place somehow suspecting them to pull something like this.

  • Chris Pickrell

    To be honest, considering how many times FB has tried this, and similar tactics, and then balked, sometimes I think it’s a way to put their name in the news.