News for hackers. Stuff that matters.
Re:Instagram's official response by jonknee on Tuesday December 18, 2012 @05:23PM (#4939942)
Take it with a grain of salt. They tried to sneak this by and it blew up in their faces.

While under oath, Kevin Systrom: “No, we never received any offers,”

Reality, Instagram had an offer from Twitter and Kevin Systrom had direct knowledge.

http://bits.blogs.nytimes.com/2012/12/16/disruptions-instagr...

That said, at least it looks like they're going to tweak the TOS change in favor of their users. But with Facebook pulling the reigns, we all know where this will end.

Re:Instagram's official response by nathanb on Tuesday December 18, 2012 @05:31PM (#4939992)
Some language in the post I found interesting:

> The language we proposed also raised question about whether your photos can be part of an advertisement. We do not have plans for anything like this and because of that we’re going to remove the language that raised the question.

Note that he doesn't say "we won't use your photos as part of an advertisement", he merely says "the reason we're removing that language is because we don't [currently] plan on using your photos as part of an advertisement".

I'm sure if they thought of a way they could make money by doing so without losing critical mass, they'd be all over that.

Re:Instagram's official response by jka on Tuesday December 18, 2012 @06:55PM (#4940403)
It's a science fiction idea I think, but something that would also fly, given their statements, would be to show photos of people who look like your friends (Facebook have the machine learning / pattern matching capability) in order to influence your decisions; someone who looks like a great crush you had, dining at a nearby restaurant, for example.

This would neither necessarily fit into the classification of 'advertising', nor be showing photos to 'your friends', who would immediately call this kind of behaviour out. This would sorta tally with the fact that photos are public by default AFAIK, and the comments about privacy.

Hopefully irrelevant, but just a thought.

Re:Instagram's official response by jka on Tuesday December 18, 2012 @07:07PM (#4940452)
Re:Instagram's official response by marshray on Tuesday December 18, 2012 @06:23PM (#4940256)
I like how he said "The language we proposed ... " to refer to "Yesterday we introduced a new version of our Privacy Policy and Terms of Service that will take effect in thirty days."
Re:Instagram's official response by loceng on Tuesday December 18, 2012 @05:43PM (#4940048)
Nor "at this time" doesn't mean they can't and won't add this later anyhow. This is damage control, though damage has been done.
Re:Instagram's official response by tedunangst on Tuesday December 18, 2012 @06:05PM (#4940154)
He also doesn't say he's going to stop beating his wife.
Re:Instagram's official response by merlincorey on Tuesday December 18, 2012 @06:55PM (#4940402)
She hasn't said she doesn't consent or request it.
Re:Instagram's official response by jayferd on Tuesday December 18, 2012 @07:22PM (#4940526)
This is why I wish I had downvote privileges. This is a) off-topic, and b) extremely offensive. Please stop.
Re:Instagram's official response by antoko on Tuesday December 18, 2012 @09:58PM (#4940923)
Its neither off-topic nor offensive, and because you don't have downvote privileges you had to comment instead - that's good because now I can respond and hopefully clarify.

It isn't off-topic because it is a direct response to it's parent who was trying to make a point by example that refers to this use of rhetoric

http://en.wikipedia.org/wiki/Loaded_question

It isn't offensive because it is simply using the loaded question to provide a loaded answer that uses the exact same rhetorical trick to turn the tables. To try to show by example that the point being made is little more than a trick.

It is the nature of a loaded question with an obvious appeal to emotion that makes responses to it seem offensive.

Re:Instagram's official response by sk5t on Wednesday December 19, 2012 @12:24AM (#4941288)
It's a time-weathered rhetorical device, and probably wouldn't be effective if it weren't also somewhat offensive. Although responding to the device is... unusual.
Re:Instagram's official response by bentruyman on Tuesday December 18, 2012 @05:41PM (#4940036)
Of course. It would be silly to speak in absolutes like that and not leaving certain advertising opportunities on the table for the future.
Re:Instagram's official response by blhack on Tuesday December 18, 2012 @05:32PM (#4939999)
Oh for crying out loud, they did not try to "sneak this by".

Stop trying to cast a simple snafu regarding a ToS as some evil conspiracy.

Remember that the people running this company are you peers. It's disgusting watching the community salivating over burning them all at the stake today.

They're your friends, or just like your friends. Knock it off.

Re:Instagram's official response by 23david on Tuesday December 18, 2012 @06:00PM (#4940127)
I disagree. This was a carefully worded response. Notice "commit to you that we will be doing more to answer your questions, fix any mistakes, and eliminate the confusion. As we review your feedback and stories in the press, we’re going to modify specific parts of the terms to make it more clear what will happen with your photos." They expected this.

It's a classic move from the Facebook playbook. Push out a far-reaching privacy policy or feature update. Release a message or press release saying that "we're listening". Make token changes and say "we've listened and made changes". And just in case people start to sue, vigorously lobby and donate to government officials to keep the regulatory heat off their backs.

They are trying to get away with as much as they can. These stupid companies are going to be the reason why 10 years from now the Internet is going to be a morass of government regulation.

Don't work for or support companies that act like this. Shame on them. Period.

I wouldn't be surprised if at some point soon you won't be able to register a domain name or start an Internet company without taking a licensing exam.

Re:Instagram's official response by nokcha on Tuesday December 18, 2012 @06:48PM (#4940367)
>I wouldn't be surprised if at some point soon you won't be able to register a domain name ... without taking a licensing exam.

Who would impose such a requirement of licensure? Certainly not the government --- that would be a prior restraint on freedom of speech/press and therefore unconstitutional.

Re:Instagram's official response by pepr on Tuesday December 18, 2012 @08:54PM (#4940779)
Well, they would first impose it and then somebody sues them and it starts bouncing around various courts for the next 5 years. It would take some serious time until there would be a final ruling.
Re:Instagram's official response by ryguytilidie on Tuesday December 18, 2012 @06:04PM (#4940147)
Man, this is some absolutely insane over the top hyperbole.

No one tried to cast this as a conspiracy, they simply called it what it is, a company monetizing by making the user experience worse.

"Remember that the people running this company are you peers. It's disgusting watching the community salivating over burning them all at the stake today."

I don't know whats craziest here. First, equating "burning them at the stake" to "deleting their accounts on that persons website" is absolute lunacy and I don't know how anyone could take your points seriously. Second, pretending that because these people look like my friends, they should get a free pass on changing their terms to better monetize user content is just lame, just because someone looks like me and is a millionaire doesn't make them immune to incredibly correct criticism.

Re:Instagram's official response by marshray on Tuesday December 18, 2012 @06:25PM (#4940267)
But most likely it wouldn't make the user experince worse. If anything, it would allow them to avoid banner ads and make the experience better.

That said, sounds like people aren't willing to "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."

Re:Instagram's official response by cube13 on Tuesday December 18, 2012 @06:43PM (#4940339)
If someone's directly using my content and getting paid for it, I want a cut. It's really that simple.
Re:Instagram's official response by daeken on Tuesday December 18, 2012 @08:20PM (#4940705)
If they're using your content to make money, you're being paid for it: you're getting access to the service.
Re:Instagram's official response by onedev on Tuesday December 18, 2012 @10:15PM (#4940963)
Exactly.

I can't believe that people just expect everything to come to them for free.

Re:Instagram's official response by ryguytilidie on Wednesday December 19, 2012 @11:26AM (#4943272)
So people signed up for Instagram under their old terms, where everything quite literally did come to them for free. Now Instagram changed their terms to monetize peoples content. People don't like this and would not have joined originally with these terms. People STILL mock them for "expecting something for free".

Well, when you create the expectation, as Instagram did, that things will come for free, and then you stop fulfilling that expectation, customers will leave. Not sure how long it will take startup founders to understand and it blows my mind how frequently people on HN seem to act like people "owe" a site something for the service they're providing. If I get an invite to your free photosharing site with features X, Y and Z, you're creating an expectation. If you change your offering once you get a ton of users in the hopes of monetizing them, you're changing the offering and these people leaving is justified. The reason they got there in the first place was because of your offering, which you're now changing.

Re:Instagram's official response by gcmartinelli on Tuesday December 18, 2012 @06:46PM (#4940359)
So, make them pay for the open source they use...
Re:Instagram's official response by chmars on Tuesday December 18, 2012 @05:42PM (#4940046)
It's a business, not a personal relationship.

My peers and friends at least would never use my pictures to create ads and in any case, my relations to peer and friends are not based on comprehensive and one-sided ToS …

Re:Instagram's official response by chadillac83 on Tuesday December 18, 2012 @05:58PM (#4940122)
By posting on HN you are agreeing to my peer-friendship ToS. As part of this ToS you hereby grant me unfettered access to your personal finances.

edit: give me a $1

Re:Instagram's official response by chmars on Tuesday December 18, 2012 @06:06PM (#4940156)
Thumbs up for letting me go to bed in a very happy mood … :)
Re:Instagram's official response by Vivtek on Tuesday December 18, 2012 @06:16PM (#4940218)
And at the low cost of only a dollar! I think grandparent's onto something big here.
Re:Instagram's official response by jiggy2011 on Tuesday December 18, 2012 @05:38PM (#4940025)
Just because they work in a similar area does not make them "friends". Besides it is good for an industry to keep it's peers in check.

See also: Banking.

Re:Instagram's official response by guelo on Tuesday December 18, 2012 @05:43PM (#4940047)
None of my friends communicate to millions of people via lawyers and PR departments.
Re:Instagram's official response by mburshteyn on Tuesday December 18, 2012 @05:38PM (#4940026)
They may be a distinct brand, but Instagram is still owned by Facebook, the company openly attempting to shift society's views on privacy.
Re:Instagram's official response by mnicole on Tuesday December 18, 2012 @05:41PM (#4940039)
My personal friendships with people employed by Google, EA and Microsoft have no affiliation with how much I support those companies.
Re:Instagram's official response by FuzzyDunlop on Tuesday December 18, 2012 @06:05PM (#4940151)
Your statement doesn't hold true because actual peers call each other out on bad moves, and the failure (or lack of attempt) to find an actual good move.

If we take your words as gospel, then we should be critical of them and we should take action.

This is also because Instagram as a business is not a peer, does not follow advice, and absolutely needs to be burnt at the stake (and salivated over?) to realise it made a mistake.

Re:Instagram's official response by 001sky on Tuesday December 18, 2012 @06:23PM (#4940257)
Remember that the people running this company are you peers. It's disgusting watching the community salivating over burning them all at the stake today. They're your friends, or just like your friends. Knock it off.

-- If not in jest, this is rediculously naive. just FYI.

Re:Instagram's official response by fweez on Wednesday December 19, 2012 @02:15AM (#4941546)
In the blog post announcing the changes (http://blog.instagram.com/post/38143346554/privacy-and-terms...), they called out a "few key updates." The changes to the TOS were described as, "Our updated terms of service help protect you, and prevent spam and abuse as we grow."

Our "friends" over there sure didn't go out of their way to call out an important change in the TOS. If it wasn't an attempt to sneak this by, it's indistinguishable from one.

Re:Instagram's official response by gcmartinelli on Tuesday December 18, 2012 @06:44PM (#4940344)
Are you implying that <i>none</i> of your peers take questionable actions in business? If so, open your eyes.
Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @05:45PM (#4940062)
> That said, at least it looks like they're going to tweak the TOS change in favor of their users. But with Facebook pulling the reigns, we all know where this will end.

I think the fears are really overblown: http://www.theverge.com/2012/12/18/3780158/instagrams-new-te...

Re:Instagram's official response by hugoroy on Tuesday December 18, 2012 @06:05PM (#4940152)
No they're not. This article from the Verge is weird. The important changes are in the copyright license. The instagram blog post is lying by omission.

Look at the former section "Proprietary Rights in Content on Instagram"

> Instagram does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Instagram Services. By displaying or publishing ("posting") any Content on or through the Instagram Services, 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.

This section about copyright has turned into something pretty much like Facebook's:

> 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/.

Re:Instagram's official response by eliasmacpherson on Tuesday December 18, 2012 @06:22PM (#4940248)
It's funny how thin the ice he's skating on is, when he writes:

>"Ownership Rights: Instagram users own their content and Instagram does not claim any ownership rights over your photos. Nothing about this has changed. We respect that there are creative artists and hobbyists alike that pour their heart into creating beautiful photos, and we respect that your photos are your photos. Period. I always want you to feel comfortable sharing your photos on Instagram and we will always work hard to foster and respect our community and go out of our way to support its rights."

He should add in brackets that the user has automatically given Instagram "Ownership" of a gold plated license to do whatever the hell it wants with content posted, in case anyone was wondering.

Re:Instagram's official response by ChuckMcM on Tuesday December 18, 2012 @06:30PM (#4940292)
I also noticed that they stepped short of saying they wouldn't be taking a non-exclusive perpetual license for any use out of the ToS. What does "ownership" mean in that case? Only that you can negotiate other deals with third parties.

It can mean that they cannot re-license your work, which is to say you wouldn't have to compete with them in terms of pricing to a third party but I don't know if that is what the ToS says so a closer reading is in order.

Re:Instagram's official response by eliasmacpherson on Tuesday December 18, 2012 @06:57PM (#4940412)
Licence is: "non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use"

So I would say "sub-license" means "re-license". It would be very unfortunate to have to compete with Instagram on pricing for your own content to a third party. Or some company that buys Instagram/Facebook out.

Just read this bit: "To be clear: it is not our intention to sell your photos. We are working on updated language in the terms to make sure this is clear."

So I think that clears up the 'sub-licensable' aspect. It doesn't rule out giving them away for free - which come to think of it, would hard to compete with price-wise! I'm really starting to wonder what they had in mind.

Re:Instagram's official response by ChuckMcM on Tuesday December 18, 2012 @07:17PM (#4940505)
Well there you go, hopefully you won't have ad agencies coming to Instagram as a clearing house to license images in their ads.
Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @06:15PM (#4940207)
> No they're not. This article from the Verge is weird. The important changes are in the copyright license.

A reply from the author of the article in the comments[0]:

> You guys know that I used to be a copyright lawyer, right? This stuff is all boilerplate terms of service — every service from Apple, Google, Microsoft, Twitter, etc all have it.

0: http://www.theverge.com/2012/12/18/3780158/instagrams-new-te...

Re:Instagram's official response by hugoroy on Tuesday December 18, 2012 @06:28PM (#4940283)
Well, I'm sorry that this guy can't read. I have read many different copyright licenses, and this copyright license is not "boilerplate". You can have very different copyright licenses for such web services. You can get an overview at http://tos-dr.info/topics.html#copyright-scope

As you can see, the new Instagram © license is like Facebook's or Twitter's. But very different from others. (Actually, the current Instagram © license is okay)

Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @07:43PM (#4940589)
Well, feel free to tell him why he's wrong on Twitter: https://twitter.com/reckless

I'd very much like to see how he responds.

Re:Instagram's official response by mnicole on Tuesday December 18, 2012 @06:35PM (#4940303)
His misinterpretation is getting it handed to him and the conflict of interest stuff re: The Verge and Instagram is something else to consider. I wouldn't trust a news outlet with so many close ties to companies like this.
Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @06:41PM (#4940331)
> the conflict of interest stuff re: The Verge and Instagram is something else to consider. I wouldn't trust a news outlet with so many close ties to companies like this.

What are you talking about? Have you read their ethics statement[0] yet?

In the world of journalism, that's a very serious accusation to be making without any evidence.

0: http://www.theverge.com/ethics-statement

Re:Instagram's official response by mnicole on Tuesday December 18, 2012 @06:54PM (#4940395)
> What are you talking about?

You might want to read the link you posted.

Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @07:25PM (#4940539)
No, you might want to read it. Here, I'll make it a little easier for you:

> Our company has its own advertising team responsible for selling ad space on our site. We do not accept money or other consideration from companies as a condition or incentive to write a review or story, whether favorable or unfavorable, on The Verge.

> We do not invest in companies that we cover, and employees are forbidden from owning, trading, or buying stock in companies we cover or companies in the general tech sector, without exception.

> We don't take free things from companies, or from their PR firms. This rule is simple and we stick to it

> We do not take free or discounted merchandise

> We do not take free or discounted services.

> Employees of The Verge may not be otherwise employed by or receive compensation from companies that they are likely to cover as part of their news beat, nor are they permitted to have any advisory role (paid or unpaid) at those companies.

> We do not accept any samples on any preconditions, such as, that we will agree to provide a review simply because the company sent us a sample.

Re:Instagram's official response by smackfu on Tuesday December 18, 2012 @07:21PM (#4940518)
Oh, an appeal to authority.
Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @07:26PM (#4940543)
Protip: next time, read beyond the first sentence in a quote. You never know, you just might find something useful.

> This stuff is all boilerplate terms of service — every service from Apple, Google, Microsoft, Twitter, etc all have it.

Re:Instagram's official response by smackfu on Wednesday December 19, 2012 @08:34AM (#4942453)
Eh, it's still saying "trust me, I know about this, it's normal, everyone does it." Saying things rather than showing them.
Re:Instagram's official response by declan on Tuesday December 18, 2012 @06:30PM (#4940293)
Here's another take that disagrees with their blog post -- and this one is from an actual practicing intellectual property attorney: http://news.cnet.com/8301-13578_3-57559859-38/instagram-riva...

"That effectively guts the user's control over the use and exploitation of the photo," says Daniel Schaeffer, an attorney with Neal & McDevitt, a boutique law firm in Northfield, Ill., specializing in intellectual property. "The most obvious and immediate example is the ability to allow businesses to use your photos in advertising, but the actual effects could be even farther-reaching."

Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @06:42PM (#4940337)
> Here's another take that disagrees with their blog post -- and this one is from an actual practicing intellectual property attorney

FWIW, the author of the Verge post I linked, managing editor Nilay Patel, also holds a law degree, and previously worked as a copyright attorney.

Re:Instagram's official response by jonknee on Tuesday December 18, 2012 @09:41PM (#4940883)
And he is now making more money by not practicing law and as of today, shilling for Instagram. What's your point?
Re:Instagram's official response by w1ntermute on Tuesday December 18, 2012 @10:00PM (#4940927)
> And he is now making more money by not practicing law and as of today, shilling for Instagram.

As I explained to someone else in another comment[0], I suggest you not embarrass yourself any further by making baseless accusations about journalists who take impartiality very seriously.

> What's your point?

That the OP's link's author's professional qualifications are also possessed by the author of the post I linked, making that a moot factor.

0: http://news.ycombinator.com/item?id=4940331

Re:Instagram's official response by mark-r on Tuesday December 18, 2012 @10:32PM (#4941004)
If he was such a great lawyer, why is he now in publishing? I would take the word of a practicing lawyer over one who has left the field.
Re:Instagram's official response by w1ntermute on Wednesday December 19, 2012 @12:29AM (#4941296)
He isn't just "in publishing", he frequently writes about legal topics for the Verge. For example, he covered the Google v. Oracle and Apple v. Samsung trials in great detail. However, if you're curious as to why he made the career choices he did, you can always ask him directly: https://twitter.com/reckless

I have no reason at this point to doubt his judgment, as he is clearly quite a capable individual, as he has managed to become the managing editor of one of the top tech news sites in an industry bursting with competition and upstarts.

Re:Instagram's official response by cube13 on Tuesday December 18, 2012 @06:06PM (#4940159)
While I agree that the facebook fears are probably overblown, the TOS' language does not comfort me at all. In fact, I think that the Verge is entirely wrong in that article(IANAL, etc.).

This TOS tweak allows Instagram go sell your content for advertising purposes to a third party. They can use your images, as is, in their advertising(presumably on Instagram, though that is not clear). So they can take payment for your content, without compensating you at all.

That's a pretty huge difference from Facebook's TOS. In there, they state that they will use your content to deliver ads. They're not delivering your content to other parties to be used in their ad campaign.

Re:Instagram's official response by fluidcruft on Tuesday December 18, 2012 @05:43PM (#4940051)
I particularly appreciate all their statements about "nothing HAS changed" which ring hollow when balanced against the fact that the changes aren't in effect and won't be for 30 days.
Re:Instagram's official response by cynicalkane on Tuesday December 18, 2012 @06:10PM (#4940181)
Read your source more carefully, and stop selectively quoting. Systrom spoke of formal, written offers. The Twitter offer was a verbal agreement. I do not know my corporate contract law but it would surprise me if these were the same thing.
Re:Instagram's official response by mpyne on Tuesday December 18, 2012 @06:14PM (#4940203)
> Systrom was asked about formal offers. The Twitter offer was a verbal agreement.

Verbal contracts are still contracts. Written form is preferred because it's easier to enforce after-the-fact, not because it's required for legal contracts.

And either way, Systrom would have taken an oath to "tell the truth, and the whole truth". This type of glaring omission over quibbling about whether an offer was a "formal" offer or not would get most in trouble with the courts...

Re:Instagram's official response by cynicalkane on Tuesday December 18, 2012 @06:18PM (#4940236)
Uh, no. For a verbal agreement to be binding it must pass the same requirements as a written agreement. A few guys discussing a takeover is not a formal takeover offer any more than if they exchanged e-mails about it. I am no expert in securities law but the bar for contractual consideration has got to be very high.
Re:Instagram's official response by mpyne on Tuesday December 18, 2012 @06:27PM (#4940276)
There was a verbal offer with specific dollar amounts ($525 million, in fact), an offer specific enough that Instagram had to back out of it before it was signed. I'm not talking about filling out an SEC-mandated press release, I'm talking about a direct question from state lawyers about whether there were any offers from other companies besides Facebook, and Systrom lied and then tried to employ weasel words about "formal offers" to talk about something else.

Can you at least read the article before talking about generalities of mergers&acquisitions?

Re:Instagram's official response by cynicalkane on Tuesday December 18, 2012 @06:34PM (#4940301)
What the hell? Responding carefully and specifically to a lawyer's question is not suspicious, it's standard operating practice whenever lawyers are involved. Systrom has no obligation to spill the beans about anything that some guy on the Internet thinks might be called an offer, and courtrooms have rules against assigning malicious interpretations thereunto.
Re:Instagram's official response by uptown on Tuesday December 18, 2012 @08:45PM (#4940755)
"carefully and specifically ... standard operating practice whenever lawyers are involved."

You know - just like the terms and conditions.

Re:Instagram's official response by jonknee on Tuesday December 18, 2012 @07:58PM (#4940639)
Spilling the beans was exactly the point of his questioning.
Re:Instagram's official response by mburshteyn on Tuesday December 18, 2012 @07:10PM (#4940475)
Nice thereunto.
Re:Instagram's official response by ChrisClark on Tuesday December 18, 2012 @05:31PM (#4939995)
What do you mean they tried to sneak it in? They already had it there in the old TOS but no one bothered to read it, or at least they didn't care when Instagram had full rights to advertise with their photos before.

The new TOS actually limits what they an do more than the old one.

Re:Instagram's official response by ChrisClark on Tuesday December 18, 2012 @05:48PM (#4940081)
Really? Do people not agree that the old TOS less restrictive?
Re:Instagram's official response by creativityland on Tuesday December 18, 2012 @06:05PM (#4940148)
It's only a matter of time.