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Instagram sued over service term changes

Posted at 11:59 PM, Dec 26, 2012
and last updated 2012-12-26 23:59:49-05

(CNN) — A class action lawsuit against Instagram has been filed in San Francisco federal court, following user outrage regarding the mobile photo sharing app’s changed Terms of Service.

This appears to be the first civil lawsuit filed as a result of Instagram’s service term changes, Reuters reports.

Lucy Funes, a California Instagram user, claimed breach of contract, among other things, on behalf of herself and others similarly affected. The lawsuit was filed Friday despite Instagram reverting some of the clauses it had announced it would change.

“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,'” the lawsuit says.

Mashable has reached out to Facebook, the company that now owns Instagram, for comment, and will update this story should Facebook respond.

Instagram Vows: We Won’t Use Your Photos in Ads

Last week, Instagram announced that it had changed its TOS, which spurred widespread outrage from users and celebrities — National Geographic even shut down its account, though it’s now posting again. The new rules suggested Instagram would sell users’ photos without compensation and introduced a mandatory arbitration clause, which would force users to waive their rights to file a class action lawsuit in most circumstances.

Following the user response, CEO Keving Systrom retracted the new clause about using photos without compensation. Instagram maintained the mandatory arbitration clause as well as a clause saying it will display ads based on user content.

Are you still upset with Instagram? Let us know in the comments if you think Funes’ case has merit.