Instagram asks court to throw out lawsuit over service terms

Thu Feb 14, 2013 11:22am EST
 

By Erin Geiger Smith

(Reuters) - Facebook's Instagram photo sharing service asked a federal court on Wednesday to throw out a lawsuit filed against the popular app over changes to its terms of service.

The proposed class action lawsuit was filed in San Francisco in December by an Instagram user who leveled breach of contract and other claims against the service.

Instagram last year rolled out and then amended policy changes that incensed users who feared the photo-sharing service would use their pictures without compensation.

In Wednesday's filing, Instagram argues that the plaintiff, Lucy Funes, has no right to bring her claim because she could have deleted her Instagram account before the changes in the term of service went into effect.

The changes in the terms of service were first announced on December 17 and then altered a few days later following widespread user complaints.

Funes sued the company on December 21, nearly a month before the changes in the terms of service went into effect on January 19, the court papers said.

She continued to use her account after that day, according to Instagram's filing.

Instagram also disputed Funes' claims that the new terms required her to transfer rights in her photos to the company.   Continued...

 
A photo illustration shows a picture of a flower taken with the photo-sharing application Instagram on the screen of an Android mobile phone in Los Angeles April 9, 2012. REUTERS/Fred Prouser