Instawhoops

WIRED relates that Instagram has decided to remove a controversial piece of their new terms of service (TOS) announced yesterday:

Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

This did not sit well with, well, anyone. The internet went nuts as users and the media railed against the new ad-centric, privacy-crushing policy. Some went so far as to delete their accounts and move to other photo-sharing services. Instagram reacted Tuesday afternoon with a blog post clarifying its position and promising to amend the offending section of the TOS.

“It was interpreted by many that we were going to sell your photos to others without any compensation,” company co-founder Kevin Systrom wrote in the post. “This is not true and it is our mistake that this language is confusing.”

Yeah. You can read on to see what Instagram “meant” to say and also see what the NYT adds. Definitely check out Forbes’ take on Flickr reaping rewards from the snafu.

I use Instagram (yes, those are my photos) and post all of my photos on Flickr with a Creative Commons license, so I’m probably more comfortable than most with my photos being used for purposes other that being my photos. I can’t help but believe that Facebook (who owns Instagram) was testing the waters to see what’s possible without risking their core brand.

I would be shocked if Facebook didn’t come out with similar policies in the years to come. I don’t know what I’d do, but I certainly agree with Peter Shankman’s advice about posting things to social media sites.

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