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Instagram’s Terms of Use Updated … Badly.
Despite Mark Zuckerberg implying that Facebook’s purchase wouldn’t alter the core fabric of Instagram, a billion dollar purchase price (okay, less than that after Facebook’s share price tanked) means an expectation of a significant return. Sadly, today, Instagram announced a significant update to their Terms of Use which show the decidedly Facebooksih direction that the photo-sharing service is taking to try and bring in the cash. The changes were framed by a blog post which suggests nothing major is changing, but that’s just not true. Here’s a key passage from the updated Terms of Use (which are legally binding as of 16 January 2013):
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.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
Or, if I could translate slightly: Instagram may, at their discretion and without telling you, use your photo to sell or promote something to other Instagram users – most likely your followers – and not even clearly identify this as an advertisement or promotion. While, strictly speaking, these Terms don’t alter the copyright status of your photos on Instagram (you own them, but give Instagram explicit permission to use them, re-use them, or let third parties use them as long as you’re still an Instagram user) the tone and spirit behind those uses have changed substantially. Sure, this might be a trade-off that many people are happy with: they get to keep using Instagram for free, and all sorts of new advertisements and promotions appear, some using images you’ve posted.
However, I fear that most people will ignore these Terms of Use changes and notifications. Ignore them, that is, until an advertisement pops up with their head or photo in it and then everyone will get loud, and angry, but unless you’re prepared to delete your Instagram account, there new Terms are absolutely binding. In the mean time, keep in mind you can always export and download all of your Instagram photos and maybe set up with a different service. For more details about what the changes mean, I recommend reading these overviews at the NY Times Bits Blog and the Social Times.
These updated changes may not worry you in the slightest, but please take the time to consider what they mean before they come into effect.
Update (21 December 2012): After considerable public backlash against the new Terms, Instagram have, for now, chosen to largely revert to their previous terms. This is a short-term win insomuch as Instagram are now aware that there are lines that their users don’t want to see crossed. Even though there was considerable misinterpretation (as far as I can see, Instagram never intended, for example, to wholesale sell anyone’s photos), concerns raised were legitimate. However, the longer term problem remains: few people ever read Terms of Use, so a change like this is only ever interpreted as a knee-jerk response against the most sensational media reports. Perhaps the salient lesson here is that at least a passing familiarity with all Terms we’ve signed up for makes us more aware of where we really stand as users, consumers and participants in a mobile media culture?
Incidentally, I’d love it if Instagram added native support for Creative Commons licenses, but I understand that as a Facebook-owned company, that’s highly unlikely. The lesson Instagram might learn from a conversation with Creative Commons, though, is having layered Terms where human-readable terms means read by all humans, not just those with law degrees.
Digital Culture Links: December 17th
Links through to December 17th:
- The Web We Lost [Anil Dash] – Spot on: “Facebook and Twitter and Pinterest and LinkedIn and the rest are great sites, and they give their users a lot of value. … But they’re based on a few assumptions that aren’t necessarily correct. The primary fallacy that underpins many of their mistakes is that user flexibility and control necessarily lead to a user experience complexity that hurts growth. And the second, more grave fallacy, is the thinking that exerting extreme control over users is the best way to maximize the profitability and sustainability of their networks. The first step to disabusing them of this notion is for the people creating the next generation of social applications to learn a little bit of history, to know your shit, whether that’s about Twitter’s business model or Google’s social features or anything else. We have to know what’s been tried and failed, what good ideas were simply ahead of their time, and what opportunities have been lost in the current generation of dominant social networks.”
- False Posts on Facebook Undermine Its Credibility [NYTimes.com] – A reminder that Facebook’s battle against fake accounts is all about the authenticity the SELL ADVERTISERS: “For the world’s largest social network, it is an especially acute problem, because it calls into question its basic premise. Facebook has sought to distinguish itself as a place for real identity on the Web. As the company tells its users: “Facebook is a community where people use their real identities.” It goes on to advise: “The name you use should be your real name as it would be listed on your credit card, student ID, etc.” Fraudulent “likes” damage the trust of advertisers, who want clicks from real people they can sell to and whom Facebook now relies on to make money. Fakery also can ruin the credibility of search results for the social search engine that Facebook says it is building. … The research firm Gartner estimates that while less than 4 percent of all social media interactions are false today, that figure could rise to over 10 percent by 2014.”
- Android overtakes iOS in Australian usage [Ausdroid] – December 2012: “Android has been growing globally at an extremely rapid rate with statistics from November indicating that Android currently enjoys a 75% market share. In Australia this year over 67% of Smart Phone sales were Android handsets and now research analysis firm Telsyte is advising that market penetration of Android devices in Australia has finally overtaken iOS with Android now on 44% of the 10 Million mobile phones currently in use here. iOS still enjoys a 43% market share …”
- Social Media Report 2012 [Nielsen] – Nielsen’s Social Media Report 2012 provides statistical evidence of the trends for 2012, which shows the internet use, mobile use and social networking time are all up. A third of people engaging in social networking “from the bathroom”!
- Text messaging turns 20 [Technology | The Observer] – “Long ago, back before Twitter, way before Facebook, in a time when people still lifted a receiver to make a call and telephone boxes graced streets where people didn’t lock their doors, Neil Papworth, a software programmer from Reading, sent an early festive greeting to a mate. “Since mobile phones didn’t yet have keyboards, I typed the message out on a PC. It read ‘Merry Christmas’ and I sent it to Richard Jarvis of Vodafone, who was enjoying his office Christmas party at the time,” said Papworth. On 3 December 1992, he had sent the world’s first text message. Text messaging turns 20 tomorrow. More than 8 trillion were sent last year. Around 15 million leave our mobile screens every minute. There is now text poetry, text adverts and text prayers (dad@hvn, 4giv r sins) and an entire generation that’s SMS savvy. Last week saw the first major act of the text watchdog, the Information Commissioner’s Office, in fining two men £440,000 over spam texts.”
Digital Culture Links: October 29th through November 8th
Links for October 29th through November 8th:
- Backdown on internet filter plan [SMH] – YAY! “The [Australian] government has finally backed down on its plan for a controversial mandatory internet filter, and will instead rely on major service providers to block ”the worst of the worst” child abuse sites. The retreat on the filter, which Labor proposed from early in its term, comes after a strong campaign by providers. Opponents argued it would not be effective, would be costly and slow down services, and involved too much censorship. Communications Minister Stephen Conroy, who strongly argued the case for years, will announce on Friday that providers blocking the Interpol worst of the worst list ”will help keep children safe from abuse”. ”It meets community expectations, and fulfils the government’s commitment to preventing Australian internet users from accessing child-abuse material online.” The government will use its powers under the telecommunications legislation, so Senator Conroy will say a filter law will not be needed.”
- Barack Obama victory tweet becomes most retweeted ever [guardian.co.uk] – “Barack Obama has celebrated winning another term as US president by tweeting a photograph of himself hugging his wife, Michelle – which almost immediately became the most popular tweet of all time. The tweet, captioned “Four more years”, had been shared more than 400,000 times within a few hours of being posted, and marked as a favourite by more than 70,000.” (It’s now over 800,000 retweets!)
- Announcing Instagram Profiles on the Web! [Instagram Blog] – Instagram adds full web profiles for all (public) Instagram accounts. While users can still only upload from mobile devices (for now), Instagram embracing the fuller web, probably as part of the larger integration with Facebook.
- Mobile Apps Have a Ravenous Ability to Collect Personal Data [NYTimes.com] – “Angry Birds, the top-selling paid mobile app for the iPhone in the United States and Europe, has been downloaded more than a billion times by devoted game players around the world, who often spend hours slinging squawking fowl at groups of egg-stealing pigs. While regular players are familiar with the particular destructive qualities of certain of these birds, many are unaware of one facet: The game possesses a ravenous ability to collect personal information on its users. When Jason Hong, an associate professor at the Human Computer Interaction Institute at Carnegie Mellon University, surveyed 40 users, all but two were unaware that the game was noting and storing their locations so that they could later be the targets of advertising.”
CFP: An Education In Facebook?
Along with my colleagues Mike Kent and Clare Lloyd we’re working on an edited collection about the joys, perils and uses of Facebook in higher education (of any sort). Here’s the CFP (call for papers) if you’re interested. Please feel free to distribute this post wide and far if you’d be so kind!
An Education in Facebook?
Higher Education and the World’s Largest Social NetworkEditors: Dr Mike Kent, Dr Tama Leaver and Dr Clare Lloyd, Internet Studies, Curtin University
Abstract Submission Deadline 18 January 2013
Full Chapters Due 31 May 2013
We are soliciting chapter proposals for an edited collection entitled An Education in Facebook? This edited collection will focus on the relationship between Facebook and Higher Education. Facebook first emerged in 2004 as a social network for students studying at universities in the United States. It soon grew beyond North America, and beyond the confines of student networking. Having evolved initially as a student social space the platform continues to play a prominent role in the lives of many students and staff at higher education institutions.
The collection will explore the use of Facebook the higher education environment as both a social space, and also its growing use as part of teaching and learning processes, both formally and informally. From students creating informal social groups around a course of study or particular unit, and dedicated online study groups, to the use of Facebook as a formal venue for teaching, we are seeking chapters that explore these and related areas.
Is there an appropriate place for Facebook in formal higher education? What are the tensions between private and professional spaces online for students and teachers and what are the potential dangers of unintentional overlap? What are appropriate roles and responsibilities for staff, students and institutions in relation to the social network? What are the dangers of moving important aspects of the higher education learning environment to an external company that exploits social interaction for profit? How is the shift to online learning in many institutions complemented or challenged by mobile uses of social networks, including app use on smartphones and tablets? This book will explore these and other topics interrogating the contemporary role of Facebook in Higher Education.
Some suggested topics (which are by no means exhaustive):
- · Facebook and/as/or Learning Management Systems?
- · Facebook as support network (for online and overseas learners, for example)
- · Teacher-led Facebook uses as in/formal learning
- · Student-led Facebook uses as in/formal learning
- · Case studies of Facebook implementation in formal learning
- · Informal versus formal learning online
- · Social networks and the flipped classroom
- · Context collapse
- · Privacy issues in social network use
- · Copyright issues in social network use
- · Mobile learning
- · The Facebook App in education
- · Roles and boundaries in networked learning
- · Facebook as a backchannel (either positive or disruptive)
- · The politics of ‘friending’ in staff and student relations
- · Examples of innovative Facebook integration in higher education
- · Whether Facebook has a place in formal education
- · MOOCs and Facebook
- · Comparative uses of Facebook and other online networks (eg Twitter)
Submission procedure:
Potential authors are invited to submit chapter abstract of no more than 500 words, including a title, 4 to 6 keywords, and a brief bio, by email to both Dr Mike Kent <m.kent@curtin.edu.au> and Dr Tama Leaver <t.leaver@curtin.edu.au> by 18 January 2013. (Please indicate in your proposal if you wish to use any visual material, and how you have or will gain copyright clearance for visual material.) Authors will receive a response by February 15, 2013, with those provisionally accepted due as chapters of no more than 6000 words (including references) by 31 May 2013.
About the editors:
The three editors are from the Department of Internet Studies at Curtin University. Dr Mike Kent’s research focus is on people with disabilities and their use of, and access to, information technology and the Internet. He recently co-authored the monograph Disability and New Media (Routledge, 2011). His other area a research interest is in higher education and particularly online education. Dr Tama Leaver researches online identities, digital media distribution and networked learning. He previously spent several years as a lecturer in Higher Education Development, and is currently also a Research Fellow in Curtin’s Centre for Culture and Technology. His recent book is Artificial Culture: Identity, Technology and Bodies (Routledge, 2012), and he is currently co-authoring a monograph entitled Web Presence: Staying Noticed in a Networked World. Dr Clare Lloyd specialises in mobile communication and mobile media. Her recent publications include the co-authored papers ‘Consuming apps: the Australian woman’s slow appetite for apps’ (2012); and ‘Fun and useful apps: female identity construction and social connectedness using the mobile phone’ apps’ (2012).
Facebook, Student Engagement, and the ‘Uni Coffee Shop’ Group
Here are the final slides and audio from Internet Research 13 in MediaCityUK, Salford. My last paper ‘Facebook, Student Engagement, and the ‘Uni Coffee Shop’ Group’ was presented as part of a panel about Facebook and Higher Education which also featured work by my collegues Mike Kent, Kate Raynes-Golide and Clare Lloyd.
The abstract:
While the curriculum, lecturers and tutors teaching Internet Communications via Open Universities Australia (OUA) have been engaging with students for several years using Twitter (see Leaver, 2012), in the past Facebook had been largely left alone since this was viewed as a more casual space where students might interact with each other, but not with teaching staff. However, in the last two years, more and more students have created groups to use Facebook as a discussion space about their units, often attracting a significant proportion of students from that unit. While these groups are important, of even more interest is the establishment of the group called the ‘Uni Coffee Shop’. Unlike the unit-specific groups, the Coffee Shop group, established by two Internet Communications students but open to anyone studying online via OUA, affords group support, social connectivity and a persistent online space for conversation which does not disappear or grow stagnant when students complete a specific unit.
This paper will outline an investigation into the effectiveness of the Uni Coffee Shop group as a student-created space for engagement and informal learning. Three modes of inquiry were used: a textual analysis of the common topics of discussion in the group over several months; a quantitative survey of members of the Coffee Shop group; and several follow-up qualitative interviews with Coffee Shop group members, including the two students who administer the group. In addition, the paper includes the perspectives of teaching staff who have been invited to join the group by students and who, at times, answer specific questions and engage with students in a less formal manner. In detailing the results of these mechanisms, this paper will argue that fostering student-run spaces of engagement using Facebook can be a very effective means to create spaces of engagement and informal learning (Krause & Coates, 2008; Greenhow & Robelia, 2009); the support students give each other can persist over the length of an entire degree; and teaching staff engaging with students in their space, often on their terms, can create a better rapport and a stronger sense of connectivity over the length of a student’s entire degree (and potentially beyond). A student-run Facebook group also provide a space where teaching staff and students can interact using the affordances of Facebook without staff having to explicitly ‘friend’ students (something many staff are reluctant to do for a range of reasons).
References
Greenhow, C., & Robelia, B. (2009). Informal learning and identity formation in online social networks. Learning, Media and Technology, 34(2), 119 – 140.
Krause, K., & Coates, H. (2008). Students’ engagement in first‐year university. Assessment & Evaluation in Higher Education, 33(5), 493-505. doi:10.1080/02602930701698892
Leaver, T. (2012). Twittering informal learning and student engagement in first-year units. In A. Herrington, J. Schrape, & K. Singh (Eds.), Engaging students with learning technologies (pp. 97–110). Perth, Australia: Curtin University. Retrieved from http://espace.library.curtin.edu.au/R?func=dbin-jump-full&local_base=gen01-era02&object_id=187303
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