Instagram

Just as clarification of the linked article, I understand that Nat Geo changed its mind after a quiet word with the Facebook/Instagram brain-trust. Though I'm not sure why.

I am more concerned about the Terms of Use that leave the poster on the hook for any claims arisising from lack of model releases, etc. Not only do you not get paid for use of the image, you have the joy of defending/paying any claim filed regarding use of someone's image (imagine, worst case, that bloke you snapped in Times Square is a recovering alcoholic who finds his face in a liquor ad licensed by Facebook from your Instagram post). As I've pointed out elsewhere, Facebook paid a ton of money for Instagram, and they'll eventually face pressure to monetize its database. But my girlfriend says I'm unduly cynical...
 
"But, as a Reuters story points out, that’s not even the scariest part of the new Terms of Use. This is:

EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND INSTAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. [Caps and boldface in original].

Once the new terms take effect, existing users will have only 30 days to opt out. New users will have only 30 days after they join. And if you want to opt out, you’ll have to have to do it by snail mail. The only other choice: Cancel your Instagram account. But, according to lawyers who are suing Instagram, if you do that, you lose all rights to photos you’ve already uploaded.

“A FREE PASS TO BREAK THE LAW”

If these terms take effect as planned on Jan. 16, Instagram will be the latest in a long line of companies to block your fundamental right to justice by forcing you into a system where the deck is stacked against you at every turn. And if Instagram can get away with it now, will Instagram’s parent company, Facebook, try it next?"

http://my.firedoglake.com/afj2/2012/12/26/the-real-danger-in-instagrams-new-terms-of-use-forced-arbitration/
 
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