Instagram Grab - Wow

New TOS:

"Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you."

http://www.wired.com/gadgetlab/2012/12/how-to-download-your-instagram-photos-and-kill-your-account/

And who owns Instagram?

"...... we couldn’t be happier to announce that Instagram has agreed to be acquired by Facebook."

 

Yup. I stopped using instagram the moment it was acquired by facebook.

 

Such is the risk of using a free photo sharing/hosting site. You are the product, as the saying goes, and terms can be changed at any time. Sadly, the article only mentions jumping from one such service (Instagram) to some other service (Yahoo's Flickr). There are some trade-offs in terms of features/integration and any additional expense is too much for some. However, you can have your own domain name, your own VPS or shared hosting plan, greater email flexibility, your own single or multiple user file/photo sharing site, etc without too much trouble or expense. Although beyond the technical capabilities of most users, I would think many in forums such as these would be able to handle this.

 

Not nice.

 

Re: INSTAGRAM GRAB - QUESTION

I am not on Instagram. Duh.

My friend, who is a member, takes my picture and posts it.

Instagram takes one look and sells it for a beer ad. Of course.

It's not my brand so I'm irate. Wrong beer and no payoff.

How do I recover the modeling fee owed to me, or, for that matter, even find out?

Doesn't the likelyhood that this will occur hundreds or thousands of times leave Instagram open to mega numbers of (class action) lawsuits? Invasion of privacy, knew or should have known, fraudulent use without even trying to find the model?

Facebook seems to have forgotten that for every billion people who think like they do, there are seven billion who don't.

*************

Hmmmm...........

They may possibly be kinda maybe considering reviewing the chance that there might be some slight changes in notification when selected, or not if everyone forgets real quick.

http://www.wired.com/gadgetlab/2012/12/instagram-addresses-tos-rage/

Even the metadata? My God!

 

Yeah, this new TOS is pretty out there and perfectly sums up Mark Zuckerberg's outlook on users in my opinion.

 

Re: INSTAGRAM GRAB - QUESTION

Then your "friend" technically exposed you to whatever Facebook/Instagram and its affiliates might do with pictures, now and in the future. Without getting your permission, it would seem.

Assuming you found out somehow (say another friend saw the picture and told you) and pursued the matter and could collect monies, perhaps the Instagram Terms of Use->Rights->4 clauses and in particular the "you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service" would protect Facebook/Instagram. I don't know what Facebook/Instagram and their affiliates are up to regarding facial recognition (IIRC, Facebook was made to pull a facial recognition feature in the EU a few months ago) and creating profiles of the people in pictures, but that would be another concern. A situation which would be even more difficult and probably impossible to recognize.

At least you would know that your "friend" is not very thoughtful and/or knowledgeable and/or respectful and could make adjustments before they let you down in a more serious way.

 

@ hidden

A person who takes a photo/video Automatically owns the copyright. But that does not mean they can exploit peoples images for commercial gain, without their approval.

But, your "friend" has agreed to the TOS & has waived his rights over to IG/FB ! Still, no permission has been sought or been given by you for it's public use.

I think you "might" have a legal right to expect Any/All images taken of you, to not be exploited in Any way/s, without your written permission. I'm not a lawyer, but i'm sure i'm correct.

Maybe others could clarify the situation.

 

http://techcrunch.com/2012/12/18/a-valencia-filtered-middle-finger/
http://www.edbott.com/weblog/2012/12/anatomy-of-an-internet-freak-out/
http://www.examiner.com/article/instagram-clarifies-new-tos-can-t-sell-your-photos-doesn-t-own-them
http://www.businessinsider.com/instagram-responds-thank-you-and-were-listening-2012-12?op=1
http://www.digitaltrends.com/mobile/instagram-we-have-no-intention-to-sell-your-photos/
http://www.forbes.com/sites/roberth...off-and-heres-how-it-might-really-make-money/
http://techcrunch.com/2012/12/18/you-always-fear-what-you-dont-understand/
http://news.idg.no/cw/art.cfm?id=E7C356B3-0DA8-6F4A-75E0BA1B0D4C2420
http://www.cnn.com/2012/12/18/tech/social-media/instagram-terms-users/
http://www.geekwire.com/2012/poll-instagrams-laws/
http://mashable.com/2012/12/18/instagram-netflix-moment/
http://venturebeat.com/2012/12/18/instagram-update/
http://www.techdirt.com/articles/20...agram-wait-wait-thats-not-what-we-meant.shtml
http://news.cnet.com/8301-1023_3-57...confusion-but-we-are-not-selling-your-photos/
http://abcnews.go.com/Technology/in...ponds-backlash-promises-fix/story?id=18009451
http://www.wired.com/gadgetlab/2012/12/instagram-addresses-tos-rage/
http://www.guardian.co.uk/technology/2012/dec/18/instagram-issues-statement-terms-of-service

 

Great post, Siljaline. Would that we were all so informative and terse.

I'll just note that I share the skepticism of many on your list. There is enough space between "It is not our intent" and "We will not" to drive a Face through.

 

Updated Terms of Service Based on Your Feedback
http://blog.instagram.com/post/38421250999/updated-terms-of-service-based-on-your-feedback

Includes links so you can compare the current Terms of Use and Privacy Policy documents to the updated versions scheduled to take affect on Jan 19, 2013. They are short enough to do a "side by side" walk through and you'll find a few interesting differences.

 

Much nicer now.

 

Get ready to delete your Instagram account

3 Free Alternatives To Instagram

 

Re: INSTAGRAM LOSSES

".......the photo-sharing app has lost around 42 percent of its daily active users in the last month. "

http://www.wired.com/gadgetlab/2013/01/instagram-terms-users/

Smile.