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Instagram Sued: Who Filed A Civil Lawsuit In San Francisco?

By iDigitalTimes Staff Reporter on December 26, 2012 5:19 PM EST 0

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Following an extremely unpopular change to the company's Terms of Service, Instagram is being sued by a California resident. Find out why she's suing the company, and what parent company Facebook has to say about the whole ordeal. (Photo: Reuters)

It looks like a minor change to the Instagram Terms of Service won't be enough to appease angry users, because the company is being sued in California.

Plaintiff Lucy Funes filed a civil suit at a federal court in San Francisco, alleging "violation of the implied covenant of good faith and fair dealing" on the part of Instagram, according to the Dow Jones Business News. Funes says the company aimed to take possession of users' previously uploaded data, without giving them a chance to retrieve said data should they decide to delete their Instagram accounts over issues with the new Terms.

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""In short, Instagram declares that 'possession is nine-tenths of the law,'" says the lawsuit, according to Reuters.

While the company contests the claims, a number of people believed that Instagram's updated Terms of Service gave the company to sell users' photos without permission or compensation. Instagram executives continue to insist that many reports and rumors about the updated Terms of Service were blown far out of proportion.

Still, after backlash from tens of thousands followed the announcement of the new Terms of Service, Instagram was forced to partially roll back changes to the document. Although the company reserved the right not to identify commercial/paid content, Instagram did ultimately remove portions of the new Terms of Service, including a line which freed the company of any need to notify/compensate the owner(s).

Many people blamed Facebook for the revised Terms of Service, after the company acquired Instagram for a reported $715 million earlier this year. Facebook is commonly criticized by privacy advocates whenever the company revises its own Terms of Service and/or privacy settings, leaving few surprised when the social networking company was blamed for Instagram's unpopular changes.

In an emailed statement, Facebook spokesman Andrew Noyes said that the company believes the lawsuit is "without merit", and that Facebook has every intention of fighting the claim.

What do you think about Instagram getting sued over the new Terms of Service?

Let us know in the comments section!

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