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Thread: ******* WARNING ****** INSTAGRAM MAY STEAL YOUR PICS STARTING 1/16/2013 *****

  1. #1
    Platinum Rollo Tomasi's Avatar
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    ******* WARNING ****** INSTAGRAM MAY STEAL YOUR PICS STARTING 1/16/2013 *****

    "Instagram says it now has the right to sell your photos

    In its first big policy shift since Facebook bought the photo-sharing site, Instagram claims the right to sell users' photos without payment or notification. Oh, and there's no way to opt out.

    by Declan McCullagh December 17, 2012 9:54 PM PST

    Instagram said today that it has the perpetual right to sell users' photographs without payment or notification, a dramatic policy shift that quickly sparked a public outcry.
    The new intellectual property policy, which takes effect on January 16, comes three months after Facebook completed its acquisition of the popular photo-sharing site. Unless Instagram users delete their accounts before the January deadline, they cannot opt out.

    Under the new policy, Facebook claims the perpetual right to license all public Instagram photos to companies or any other organization, including for advertising purposes, which would effectively transform the Web site into the world's largest stock photo agency. One irked Twitter user quipped that "Instagram is now the new iStockPhoto, except they won't have to pay you anything to use your images."
    "It's asking people to agree to unspecified future commercial use of their photos," says Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation. "That makes it challenging for someone to give informed consent to that deal."
    That means that a hotel in Hawaii, for instance, could write a check to Facebook to license photos taken at its resort and use them on its Web site, in TV ads, in glossy brochures, and so on -- without paying any money to the Instagram user who took the photo. The language would include not only photos of picturesque sunsets on Waikiki, but also images of young children frolicking on the beach, a result that parents might not expect, and which could trigger state privacy laws.

    Facebook did not respond to repeated queries from CNET this afternoon. We'll update the article if we receive a response.

    Another policy pitfall: If Instagram users continue to upload photos after January 16, 2013, and subsequently delete their account after the deadline, they may have granted Facebook an irrevocable right to sell those images in perpetuity. There's no obvious language that says deleting an account terminates Facebook's rights, EFF's Opsahl said.
    Facebook's new rights to sell Instagram users' photos come from two additions to its terms of use policy. One section deletes the current phrase "limited license" and, by inserting the words "transferable" and "sub-licensable," allows Facebook to license users' photos to any other organization.
    A second section allows Facebook to charge money. It says that "a business or other entity may pay us to display your... photos... in connection with paid or sponsored content or promotions, without any compensation to you." That language does not exist in the current terms of use.
    Google's policy, by contrast, is far narrower and does not permit the company to sell photographs uploaded through Picasa or Google+. Its policy generally tracks the soon-to-be-replaced Instagram policy by saying: "The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services." Yahoo's policies service for Flickr are similar, saying the company can use the images "solely for the purpose for which such content was submitted or made available."
    Reginald Braithwaite, an author and software developer, posted a tongue-in-cheek "translation" of the new Instagram policy today: "You are not our customers, you are the cattle we drive to market and auction off to the highest bidder. Enjoy your feed and keep producing the milk."
    One Instagram user dubbed the policy change "Instagram's suicide note." The PopPhoto.com photography site summarized the situation by saying: "The service itself is still a fun one, but that's a lot of red marks that have shown up over the past couple weeks. Many shooters -- even the casual ones -- probably aren't that excited to have a giant corporation out there selling their photos without being paid or even notified about it."

    Another unusual addition to Instagram's new policy appears to immunize it from liability, such as class action lawsuits, if it makes supposedly private photos public. The language stresses, twice in the same paragraph, that "we will not be liable for any use or disclosure of content" and "Instagram will not be liable for any use or disclosure of any content you provide."
    Yet another addition says "you acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such." That appears to conflict with the Federal Trade Commission's guidelines that say advertisements should be listed as advertisements.
    Such sweeping intellectual property language has been invoked before: In 1999, Yahoo claimed all rights to Geocities using language strikingly similar to Facebook's wording today, including the "non-exclusive and fully sublicensable right" to do what it wanted with its users' text and photos. But in the face of widespread protest -- and competitors advertising that their own products were free from such Draconian terms -- Yahoo backed down about a week later.
    It's true, of course, that Facebook may not intend to monetize the photos taken by Instagram users, and that lawyers often draft overly broad language to permit future business opportunities that may never arise. But on the other hand, there's no obvious language that would prohibit Facebook from taking those steps, and the company's silence in the face of questions today hasn't helped."

  2. #2
    It's not stealing. Instagram always had the rights to use your pictures. The same is true for the vast majority of websites that accept user submitted content. It always confounds me that more people don't know this. Facebook can use your personal information for profit, messageboards have the rights to your posts, and the list goes on and on. You agree to all this when you check a box for the terms and conditions.

  3. #3
    *giggling*
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    ''No, Instagram can't sell your photos: what the new terms of service really mean''

    http://www.theverge.com/2012/12/18/3...ey-really-mean

  4. #4
    I will definitely be losing sleep over this

  5. #5
    Serial Blogger BeerAndPoker's Avatar
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  6. #6
    Lol @ any grown man who uses instagram.
    Quote Originally Posted by 408Mike View Post
    Vegas is there any chance I can buy you some steaks and mail them to you or something?
    Quote Originally Posted by Lord of the Fraud View Post
    I do believe Iraq was a huge mistake
    Quote Originally Posted by Lord of the Fraud View Post
    Why the fuck is the world (cough US) allowing these backward fuckers have nukes.

  7. #7
    Quote Originally Posted by Anal_Hershiser View Post
    Lol @ any grown man who uses instagram.
    This.

    Also it's only a matter of time before some poor shmo sees his face in an ad for herpes medicine and sues them, or sees his kids in an ad for something and notifies his state AG.

    Also, fuck Facebook.
    SOBCHAK SECURITY 213-799-7798

  8. #8
    Quote Originally Posted by fluffer View Post
    ''No, Instagram can't sell your photos: what the new terms of service really mean''

    http://www.theverge.com/2012/12/18/3...ey-really-mean

    Wait. You're saying Rollo read something on the internet and repeated it as the truth like some kind of gullible idiot? I find that hard to believe.

  9. #9
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    OMGGGGGGGGGG NOOOO WHAT ARE THEY GOING TO DO WITH ALL THOSE PICS OF FOOD?! THE EVIL BASTARDS PREVAIL AGAIN!!!11~~

    WALMART = HITLER

    AHHH!!

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    i actually overheard someone saying the price of milk is going up to over $6/gallon.

    Drop gas prices

    Raise milk prices

    ????

    PROFIT YALL

  10. #10
    Owner Dan Druff's Avatar
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    People have asked me a number of times if I have an Instagram account.

    My answer is always the same:

    "I am too old to have an Instagram account."

  11. #11
    Lol people are so naive. If it's online it HAS to be true.
    Quote Originally Posted by Baron Von Strucker View Post
    Quote Originally Posted by kmksmkn View Post
    Does anybody know if u can get a work visa for playing online poker in the UK
    I have had Issues with credit cards in Europe
    Quote Originally Posted by Tyde View Post
    you're more consumed with accumulating wealth than achieving spiritual enlightenment

  12. #12
    Diamond Hockey Guy's Avatar
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    Okay, WTF is Instagram? Some online database where users can save pictures? I'm serious, I have no idea.
    (_) ..
    ∫\ \___( _)
    _∫∫ _∫∫ɯ \ \

    Quote Originally Posted by Hockey Guy
    I'd say good luck in the freeroll but I'm pretty sure you'll go on a bender to self-sabotage yourself & miss it completely or use it as the excuse of why you didn't cash.

  13. #13
    Quote Originally Posted by Hockey Guy View Post
    Okay, WTF is Instagram? Some online database where users can save pictures? I'm serious, I have no idea.
    http://lmgtfy.com/?q=What+is+instagram
    Quote Originally Posted by 408Mike View Post
    Vegas is there any chance I can buy you some steaks and mail them to you or something?
    Quote Originally Posted by Lord of the Fraud View Post
    I do believe Iraq was a huge mistake
    Quote Originally Posted by Lord of the Fraud View Post
    Why the fuck is the world (cough US) allowing these backward fuckers have nukes.

  14. #14
    If someone were to take a nude photo of an under-age woman, and post it to their Instagram account, would that mean that Instagram would be the legal possessor of child porn?

  15. #15
    Quote Originally Posted by DRK Star View Post
    If someone were to take a nude photo of an under-age woman, and post it to their Instagram account, would that mean that Instagram would be the legal possessor of child porn?
    No, I'm sure they are protected in their "terms of use agreement".
    Quote Originally Posted by Baron Von Strucker View Post
    Quote Originally Posted by kmksmkn View Post
    Does anybody know if u can get a work visa for playing online poker in the UK
    I have had Issues with credit cards in Europe
    Quote Originally Posted by Tyde View Post
    you're more consumed with accumulating wealth than achieving spiritual enlightenment

  16. #16
    Think you put enough asterisks in the title for such an important thread?

  17. #17
    Photoballer 4Dragons's Avatar
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    Quote Originally Posted by BeerAndPoker View Post
    Fixed for Instagram thread.

  18. #18
    Diamond Hockey Guy's Avatar
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    Quote Originally Posted by Anal_Hershiser View Post
    Quote Originally Posted by Hockey Guy View Post
    Okay, WTF is Instagram? Some online database where users can save pictures? I'm serious, I have no idea.
    http://lmgtfy.com/?q=What+is+instagram
    Quote Originally Posted by Weiss
    I don't google shit because it's a waste of my time, and I honestly don't even know what you're saying about rhum and 1.50USD, but ok.

    i don't care that I'm "helping the rest of the world" I party there and have the best time of my life. I'm not looking for people to thank me for being able to travel the world and working and having fun.

    You people are out of your minds.
    (_) ..
    ∫\ \___( _)
    _∫∫ _∫∫ɯ \ \

    Quote Originally Posted by Hockey Guy
    I'd say good luck in the freeroll but I'm pretty sure you'll go on a bender to self-sabotage yourself & miss it completely or use it as the excuse of why you didn't cash.

  19. #19
    Platinum Rollo Tomasi's Avatar
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    Quote Originally Posted by DirtyB View Post
    Quote Originally Posted by fluffer View Post
    ''No, Instagram can't sell your photos: what the new terms of service really mean''

    http://www.theverge.com/2012/12/18/3...ey-really-mean

    Wait. You're saying Rollo read something on the internet and repeated it as the truth like some kind of gullible idiot? I find that hard to believe.
    that's why "MAY" is in the title moran, do your own damn research

  20. #20
    Quote Originally Posted by Muck Ficon View Post
    Quote Originally Posted by DRK Star View Post
    If someone were to take a nude photo of an under-age woman, and post it to their Instagram account, would that mean that Instagram would be the legal possessor of child porn?
    No, I'm sure they are protected in their "terms of use agreement".
    No such terms are needed. They're already protected by safe harbor laws.

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