Remember the changes done to the Terms of Service of Instagram a week ago? Not only did it draw a lot of negative feedback from its subscribers but the company is now facing a class action suit over it. A case has been filed in the San Francisco federal court by a San Diego based law firm in behalf of Lucy Funes. The class-action lawsuit charges the company with breach of contract, unfair business practice and the violation of California business codes. An injunction is also being requested against the new ToS. This lawsuit was filed just this Friday despite the fact that the company has already backpedalled on the new ToS.
What sparked the anger of most of the subscribers to this service were the added changes that stated
“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. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.”
The company has newly announced that they will not be using photos without the permission of its owners. They however have maintained the mandatory clause as well as the right to display ads based on user content.
Facebook, which acquired the popular photo sharing and social networking service, has already made an official statement regarding this class-action lawsuit saying that “We believe this complaint is without merit and we will fight it vigorously.”
Instagram has already been tried in the court of opinion and have been soundly defeated. It’s going to be interesting to see them tried in a court of law.