Instagram asks court to throw out lawsuit over service terms

Advertisement
By Reuters | Updated: 14 February 2013 18:52 IST
Facebook's Instagram photo sharing service asked a federal court on Wednesday to throw out a lawsuit filed against the popular app over changes to its terms of service.

The proposed class action lawsuit was filed in San Francisco in December by an Instagram user who leveled breach of contract and other claims against the service.

Instagram last year rolled out and then amended policy changes that incensed users who feared the photo-sharing service would use their pictures without compensation.

Advertisement

In Wednesday's filing, Instagram argues that the plaintiff, Lucy Funes, has no right to bring her claim because she could have deleted her Instagram account before the changes in the term of service went into effect.

The changes in the terms of service were first announced on December 17 and then altered a few days later following widespread user complaints.

Funes sued the company on December 21, nearly a month before the changes in the terms of service went into effect on January 19, the court papers said.

Advertisement

She continued to use her account after that day, according to Instagram's filing.

Instagram also disputed Funes' claims that the new terms required her to transfer rights in her photos to the company.

Advertisement

Both the old service terms and the new ones "emphasize that owns the content she posts through Instagram's service," the filing said.

An attorney for the plaintiff was not immediately available for comment. Facebook declined to comment.

Advertisement

In announcing the revised terms of service in December, Instagram also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.

Following user backlash, Instagram founder and CEO Kevin Systrom retreated partially, deleting language about displaying photos without compensation.

However, Instagram kept language that gave it the ability to place ads in conjunction with user content, saying "that we may not always identify paid services, sponsored content, or commercial communications as such." It also kept the mandatory arbitration clause.

Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook in 2012 for $715 million.

The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.

© Thomson Reuters 2013

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Moto G77 Power With a 7,000mAh Battery Goes on Sale in India: See Offers
  2. Here's When the Lava Virat V1 5G Will Launch in India
  3. Samsung Just Gave the Galaxy M47 5G a Substantial Price Hike in India
  4. Asics Gel-Kayano 33 Review
  5. These OnePlus Tablets Are Now More Expensive in India
  6. Sony LinkBuds Clip With Up to 37 Hours of Battery Life Launched in India
  7. Redmi Turbo 5 Review
  1. Redmi Turbo 6 Series Chipset Details Leaked, Could Be Equipped With 10,000mAh Battery
  2. Bonzo Lend Hit by $9 Million Oracle Exploit on Hedera Network
  3. Samsung Galaxy Z TriFold 2 Could Be Delayed as Company Plans Slidable Phone's Debut, Tipster Claims
  4. TRAI Confirms 1600 and 140 Series Phone Numbers Cannot Be Tagged, Filtered
  5. Sony LinkBuds Clip Launched in India With Open-Ear Clip Design, Up to 37 Hours of Battery Life: Price, Features
  6. Assassin's Creed Black Flag Resynced Sells 2 Million Copies on Launch Day
  7. Google Pixel 11 Pro Fold Spotted in Pine Colourway Ahead of Made by Google Event
  8. Bitcoin Holds Near $63,000 Despite Renewed Geopolitical Tensions
  9. Moto G77 Power With 7,000mAh Battery, 50-Megapixel Camera Goes on Sale in India: Price, Offers
  10. OnePlus Pad Go 2, Pad Lite Price in India Increased Amid Ongoing RAM Shortage
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.