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Instagram’s TOS – Facebook Beacon 2.0

OMG!!! Instagram the internet mobile phone photo sharing site has changed it terms of service and has the interweb media in an uproar!!!
They want to use your images as part of paid advertising campaigns without paying you or acknowledging your ownership.
Wake the Fuck UP!

There is no FREE on the internet!

When you signed up you agreed to:

you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the Instagram Services.

Let’s look at this…
non-exclusive, fully paid and royalty-free, worldwide, limited license
You gave them a license to use your photos anyway they want without any compensation aka money to you in any form or at anytime.
So quit your bitching about them using your stuff without your permission. You gave that right up as soon as you created your account and uploaded your very first photo.

Remember they did say it was Free. Is your ass beginning to itch yet?

limited license
“use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels”
Since the ‘limits’ cover everything that you can do with any sort of image on the internet, the only limit seems to be printing it out and mailing it to your house. Which of course is the last thing any internet company is going to do. Even AOL stopped sending out CD’s years ago.

use, modify, delete from, add to
Holy Photoshop Buckwheat!! they can cut, paste, dodge, burn, and remodel your images anyway they want.This also gives them all derivative works rights also. They can change your photos from .jpg, to gif, svg, and so on and back and forth.

publicly perform, publicly display, reproduce and translate such Content
This allows them to bait the hook for the next group of suckers who can’t read and have mobile phones.

including without limitation distributing part or all of the Site in any media formats through any media channels
See use above for media formats. As far as media channels think Facebook who now owns Instagram and all of your content even if you are not a Facebook Member.

The new TOS
Rights

1.Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service as described in the Service’s Privacy Policy, available here: http://instagram.com/legal/privacy/.
2.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.
Source Instagram TOS

Yep they added sub-licensable to be able to sell your ass to ad networks and Facebook. And they say that they can take money for selling your ass to advertisers to support themselves disclosing your username, likeness, photos as part of the bargain.
No you still are not getting any money nor will you ever. Get Over It.
If this scheme sounds familiar it is. This is Beacon 2.0 with the Facebook fingerprints wiped off.
Facebook Beacon was the same scheme floated a few years ago that was found to be so creepy that it spawned a class action lawsuit and was eventually shut down.

From Wikipedia, the free encyclopedia
“Beacon was a part of Facebook’s advertisement system that sent data from external websites to Facebook, for the purpose of allowing targeted advertisements and allowing users to share their activities with their friends.”
LINK

The sneaky bit that the digerati has missed so far is (along with any associated metadata)
Metadata is data about data.
By default, most mobile phones with cameras have GPS enabled.
In that case, mobile phone photos contain metadata that show the GPS coordinates of the location where the picture was taken. Not only does it contain the date and time, but also the geographical area where the photo was taken.
A fuller explanation and a tool to extract this metadata can be found here

So you are thinking so what? You can see jacks bar in the photo.
On the one hand this could be an electronic alibi for you. On the other hand you could be tracked as an un indicted co conspirator due to time and location information buried in your photo. On the gripping hand, large quantities of photos that are data mined with this information can form all sorts of ‘interesting’ directions.
Let’s say while you are taking your buddies photo outside of jacks, Hannah the Hooker is being busted by an undercover cop. Let say a week later you are out with your buddies and the same thing happens in fred’s tavern. With this metadata you could be accused of being a person of interest either in soliciting prostitution, or frequenting known prostitution venues despite the fact that you are all happily married and are just having a guys night out.

By now your ass should be bleeding profusely and there should be sirens screaming in your lizard brain, because as sure as you are reading this, someone will figure out how to fuck you with this.

Yeah, I am a glass half empty sort of guy, because I know There is no FREE on the internet!

I pay for my internet connection, hosting and my time posting this. You pay for your internet connection and your space if you have any, and your attention reading this.
I hope it is a fair trade.

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