Instagram: We Won't Sell Your Photos 234
hugheseyau writes "Earlier, we discussed news that Instagram introduced a new version of their Privacy Policy and Terms of Service that will take effect in thirty days. The changes seemed to allow Instagram to sell users' photos, and many users were upset. Instagram now says 'it is not our intention to sell your photos' and that 'users own their content and Instagram does not claim any ownership rights over your photos.' This is good news for Instagram users."
And so closes another chapter of "We Let Lawyers Write a Legal Document and The Internet Freaked Out."
Re:The First Rule (Score:5, Informative)
Just like when they make a new law. Someone points out that this is overly vague or somehow over-reaching, and can be used for $bad_thing. Lawmakers say this is obviously not the intent, and will never be used for such, no need to worry your head about it.
But they intend to use it in that manner soon and often, otherwise it would be rewritten.
Re:Too little too late (Score:4, Informative)
What did you move to may I ask?
2 apps.
1) Streamzoo - Easy and convenient. Very Instagram-like.
2) Pixlr-o-matic - Amazing filters. However, not was convenient. A ton of filters and options are available. Keep your pics on your phone and share using standard services (pic.twitter.com etc).
So I will be mostly using Streamzoo for whatever pics, and will use Pixlr-o-matic when I want some better results.
Re:Too little too late (Score:4, Informative)
Streamzoo for daily crap, and Pixlr-o-matic if I want better stuff.
Pixlr-o-matic is much more powerful than what we are used to, with tons of filters and options, making it a bit slower to use. However, it gives great results.
Re:Nonsense. (Score:4, Informative)
They haven't offered to change the contract
From their statement: "As we review your feedback and stories in the press, we’re going to modify specific parts of the terms to make it more clear what will happen with your photos."
We'll have to see what they actually change, but they have said that they're going to change it.
Re:The First Rule (Score:5, Informative)
Of course. They keep saying that 'users own their content and Instagram does not claim any ownership rights over your photos.' That's not really the issue, though. Nobody claimed that they were taking ownership of the photos, only that you're granting them 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...
So they've added the right to transfer or sub-license your photos. They've not claimed that they own your photos, but they claim to be able to sell them as they please.
Here's their old ToS [instagram.com]:
Instagram does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Instagram Services. By displaying or publishing ("posting") any Content on or through the Instagram Services, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Instagram Services.
and the new, updated ToS: [instagram.com]
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, except that you can control who can view certain of your Content and activities on the Service as described in the Service's Privacy Policy, available here: http://instagram.com/legal/privacy/ [instagram.com].
Re:The First Rule (Score:5, Informative)
Their old TOS let them do exactly that already. Go read it again. I'll wait.
The change they made now gives them the rights to not only use the image however they need to implement their services, it also gives them the ability to sublicense user images to others.
Who are these others? I can't think of any reason why another USER of instagram would need a licence for the pictures of other users. So, that leaves other companies that instagram works with, such as advertisers. The new language would allow them to sublicense your images to an advertiser, without asking you and without any compensation. That's what got everybody all worked up.
Fortunately, the blog post seems to suggest that this won't be happening, and they'll be removing, or at least changing, that language. Good for them.
Re:"We won't SELL your photos..." (Score:3, Informative)
The term is not "rent", it is "license". As you read every time you "buy" some software, music, movie, etc: "This product is licensed, not sold." And the right to sublicense they explicitly added to the terms and conditions, so they cannot credibly claim that they don't intend to do that.