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Instagram: Nevermind the new TOU, Please Come Back

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Wednesday, 19 December 2012 / Published in Woo on Tech
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Responding to a maelstrom of criticism, Instagram announced today that they plan to withdraw the proposed Terms of Use changes that sparked outrage across the internet yesterday. According to co-founder Kevin Systrom, Instagram never had any intent to monetize user photos without fairly compensating the photographer, and they are working to revise the TOU wording in a manner that is less confusing and less likely to start a another protest/boycott. Ironically, other sources have pointed out that the outrage was ill-informed at the start, and as things are wont to do on the Internet, spun out of control, perhaps unfairly so for Instagram.

It would seem that Instagram has always had the right (according to their current TOU) to monetize your content, and that the withdrawn change actually narrowed the rather broad terms users agreed to previously. I’d publish a full mea culpa on this, but the point of my previous article was more to point out the icky terms governing the use of photos that contain minors, as well as the very vague terms that assume minors are using Instagram with implicit parental consent. I understand it’s hard to police the use of free apps, especially when parents are noticeably absent with respect to knowing what their kids are doing on their personal media devices, but that seems like a cop out.

What this means for you:

My stance on the exploitation of minors for profit still stands: It’s icky. If you are a company like Instagram that is bound to feature content containing images of minors, you need to be much more careful how you glad-handle parents. As for jumping on the rage bandwagon yesterday:

Dear Instagram,

I’m sorry for assuming you suddenly became evil. You aren’t evil, but maybe you were too cavalier with your current Terms of Use, and you let too much of your Facebook allegiance shine through in your proposed changes. Please don’t be icky, and please don’t treat your users like a prize crop, even though they may act exactly as that. I’m sorry I didn’t take the time to read your lengthy and lawyered-up TOU to find out the truth that you had us by the throat from the get go, and I’m even more sorry that we willingly (through our own ignorance/apathy) let you.

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