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Instagram Asks Court to Dismiss Lawsuit Over ToS Change

Instagram has requested a federal court to dismiss a lawsuit pertaining to its controversial terms of service changes it made last year.

Filed back in December, the lawsuit, related to the popular photo-sharing service, seeks class-action status. It accused the service of breach of contract and attempting to "grab for customer property rights" after revisions to its terms of service gave it the right to sell users' photographs with neither payment nor notification.

Soon after, a widespread backlash ultimately led to the Facebook-owned company reverting the change back to the original terms of services that came after the service's 2010 launch.

In a filing with the U.S. District Court for the Northern District, Instagram argues that plaintiff Lucy Funes is not entitled to her claim, as she could have deleted her account before the new terms went live. She continued to use her account on January 19, which is when the terms of service was changed.

Instagram, which boasts over 90 million users with more than 40 million pictures added to the site every day, says that the new terms of service would go into effect on January 19 and that users were unable to opt out. They could, however, delete their accounts before said date.

The lawsuit, though, states that while users could cancel their accounts, doing so would then forfeit the right to their photos. The company's filing states that the terms of service prior to January 19 did not claim ownership rights to content created by users.


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