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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: 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.”
Digital Culture Links: January 29th 2010
Links for January 29th 2010:
[Source]- iPad DRM endangers our rights [DefectiveByDesign.org] – The petition against Apple’s iPad (and other) DRM: "DRM will give Apple and their corporate partners the power to disable features, block competing products (especially free software) censor news, and even delete books, videos, or news stories from users’ computers without notice– using the device’s "always on" network connection. This past year, we have seen how human rights and democracy protestors can have the technology they use turned against them. By making a computer where every application is under total, centralized control, Apple is endangering freedom to increase profits. Apple can say they will not abuse this power, but their record of App Store rejections and removals gives us no reason to trust them. The iPad’s unprecedented use of DRM to control all capabilities of a general purpose computer is a dangerous step backward for computing and for media distribution. We demand that Apple remove all DRM from its devices."
- Hitler responds to the iPad [YouTube] – Yes, it was inevitable that the iPad would attract the Downfall meme!
- 12 Key Features Apple iPad lacks [SMH] – It’s 1, 2, 3, 8 and 9 which will stop me buying the first release iPad (I suspect much of this will be fixed by iPad 2.0!):
"1. iBooks is initially US-only
2. No built-in camera
3. No USB ports
4. No memory card read
5. Keyboard dock sold separately
6. No multi-tasking
7. No Adobe Flash support
8. Can only run Apple-sanctioned apps
9. Can only access iTunes videos and music
10. Lacks HDMI port
11. Screen is 4:3 aspect ratio, not 16:9 widescreen
12. No full GPS support" - New page in publishing turns on Apple’s offering [The Australian] – eBooks, eBooks, eBooks, OI, OI, OI: "The use of e-book readers is in its infancy in Australia but Apple’s iPad will be the harbinger of a change in the way Australians read books, says the nation’s largest independent publisher. Allen & Unwin’s digital publishing director, Elizabeth Weiss, said: "There is a buzz around. We think iPad will further stimulate interest in e-books." E-book sales – either via a PC or readers such as Amazon’s Kindle – are statistically insignificant in the $2.5 billion book market in Australia, but the industry is expecting a similar pattern to the US where, in less than two years, and during a deep recession, digital books have captured about 5 per cent of the market. "You’ll see a rapid take-up over the next six months," said Australian Booksellers Association chief executive Malcolm Neil. But he said that could result in some smaller booksellers losing market share and being forced to close."
- Microsoft Releases a Study on Data Privacy Day [Microsoft Privacy & Safety] – More evidence that your web presence doesn’t ever just stay on the web: "Our study found 70% of surveyed HR professionals in U.S. (41% in the UK) have rejected a candidate based on online reputation information. Reputation can also have a positive effect as in the United States, 86% of HR professionals (and at least two thirds of those in the U.K. and Germany) stated that a positive online reputation influences the candidate’s application to some extent; almost half stated that it does so to a great extent. What we hope people take away from this research is that an online reputation is not something to be scared of; it’s something to be proactively managed. That means not just removing (or not posting) negatives, but also building the online reputation that you would want an employer (or friend or client) to find."
- Google Routes Around App Store On The iPhone… Others Can Too [Techdirt] – Apps want to be free, too: "I was just recently suggesting that the massive focus on "apps" and "app stores" may be a red herring, as eventually many of those apps can be built via the web (especially as HTML 5 moves forward), without having to go through any kind of app store approval process. So it’s worth noting that, in fact, Google has done exactly that with its Google Voice app for the iPhone (doing so because of problems getting a client-side app approved by Apple)."
Annotated Links of Interest: October 23rd 2008
Links of interest for October 22nd 2008 through October 23rd 2008:
- Playing Columbine: An Interview with Game Designer and Filmmaker Danny Ledonne (Part One) [Confessions of an Aca/Fan] – A fascinating interview with the man behind the very controversial ‘serious game’ Super Columbine Massacre RPG! which sought to deconstruct the tragedy and the way it was reported by simulating the experience. (See also Part II of this interview, Part III, and the game at the centre of the discussion, Super Columbine Massacre RPG!)
- Online Streaming Adds Millions of Viewers for ‘Heroes,’ ‘The Office’ [TV Decoder Blog – NYTimes.com] – “How many consumers stream TV episodes on the Internet? How many download the episodes on iTunes? How many watch the episodes using video on demand? How many view the episodes on mobile phones? NBC is trying to tell by adding together all the exposure of its episodes on five platforms in a rubric they call the TAMi, short for “Total Audience Measure index.” The TAMi was first used for the Olympics and is now being released on a weekly basis for NBC’s prime time shows.” (the TAMi seems like a very clear admission that Neilsen ratings and similar eyeballs on tv screen measures are simply out of date!)
- Sickie faker busted by Facebook [The Age] – “A Sydney telco employee has learned the hard way the perils of sharing too much information on Facebook after he was caught by his boss faking a sickie after a big night out. The manager then sent Doyle a screen grab of Doyle’s Facebook profile, highlighting a status update written on the leave day in question. […] “Kyle Doyle is not going to work, f— it i’m still trashed. SICKIE WOO!,” it read. Sprung and with no room left to move, Doyle replied to the boss: “HAHAHA LMAO [laughing my ass off] epic fail. No worries man.” In an email exchange doing the rounds of office blocks, Kyle Doyle was asked by his employer, AAPT, to provide a medical certificate verifying a day of sick leave in August.”
- Backlash over Microsoft’s anti-piracy tactics [The Age] – “Chinese internet users have expressed fury at Microsoft’s launch of an anti-piracy tool targeting Chinese computer users to ensure they buy genuine software. The “Windows Genuine Advantage” program, which turns the user’s screen black if the installed software fails a validation test, is Microsoft’s latest weapon in its war on piracy in China, where the vast majority of 200 million computer users are believed to be using counterfeit software, unwittingly or not. “Why is Microsoft automatically connected with my computer? The computer is mine!” one angry blogger wrote on popular Chinese web portal Sina.com. “Microsoft has no right to control my hardware without my agreement.” Another blogger railed over the cost of authorised versions. “If the price of genuine software was lower than the fake one, who would buy the fake one?” he wrote.”
- Dutch teens convicted of virtual theft [The Age] – “A Dutch court has convicted two teenagers of theft for stealing virtual items in a computer game and sentenced them to community service. Radio Netherlands reports that the two teenagers – a 15 and a 14-year-old – were found guilty of using violence to rob a 13-year-old classmate of virtual property in the multiplayer online game RuneScape.”
- Hell hath no fury like the ‘ex’ files [The Age] – “It was the wedding present from hell. In the middle of his Pacific island honeymoon, a Melbourne finance executive discovered that a woman claiming to be his ex had branded him in cyberspace as a dud lover and serial cheat. Along with his name and picture, the anonymous “ex” posted his mobile phone number, address and car registration on the “love rat” site dontdatehimgirl.com. … The executive is one of more than 200 Australian men whose profiles have been posted on dontdatehimgirl.com or datingpsychos.com — US sites now being used by Australian women to post anonymous rants against men who have supposedly done them wrong, and to warn other prospective partners. Other women — also anonymous — then add “comments” which may include their own experiences of the same man. Men named — and often also pictured — in the profiles may deny the accusations.” (What happens when citizen justice decends into the digital lynchmob!)
- Obama in-game advertising [The LAMP Watercooler] – “The Obama campaign has made strong use of the internet for fundraising, organising and spreading the message. The campaign has gone to a new level with the release of in-game advertising as illustrated in this screen-shot published on Gigaom recently.”
- Digital switch timetable [TV Tonight] – “[Australian] Senator Conroy has mapped out the switch from analog to digital television …” Perth will have to switch to entirely digital television broadcast by January – June 2013; regional WA by the end of 2013. Follow the link for the timeline for the rest of Australia.
- Giant database plan ‘Orwellian’ [BBC NEWS | Politics] – “Proposals for a central database of all mobile phone and internet traffic have been condemned as “Orwellian”. Home Secretary Jacqui Smith said the police and security services needed new powers to keep up with technology. Details of the times, dates, duration and locations of mobile phone calls, numbers called, website visited and addresses e-mailed are already stored by telecoms companies for 12 months under a voluntary agreement. The data can be accessed by the police and security services on request – but the government plans to take control of the process in order to comply with an EU directive and make it easier for investigators to do their job.” (Apparently you’ll need a passport to buy a mobile phone in the UK, too.)
Annotated Links of Interest: October 8th 2008
Links of interest for October 3rd 2008 through October 8th 2008:
- Generational Myth: Not all young people are tech-savvy [ChronicleReview.com] – Siva Vaidhyanathan convincingly argues we need to move away from the simplistic rhetoric of the ‘digital natives’ before this generational pigeon-holing causes even more harm: “We should drop our simplistic attachments to generations so we can generate an accurate and subtle account of the needs of young people — and all people, for that matter. A more responsible assessment would divorce itself from a pro- or anti-technology agenda and look at multiple causes for problems we note: state malfeasance or benign neglect of education, rampant consumerism in our culture, moral panics that lead us to scapegoat technology, and, yes, technology itself. Such work would reflect the fact that technologies do not emerge in a vacuum. “
- MySpace a new fraud market [The Age] – “Hugely popular services such as Facebook, MySpace and LinkedIn are being blamed for a boom in sophisticated email scams in which criminals mining the information on social networking sites to create personalised attacks.
These so-called spear phishing emails appear to come from a trusted source and aim to persuade the victim to hand over valuable data such as banking details or passwords to corporate networks.” - Privacy lags in technology rush [The Age] – “The [Australian] federal minister in charge of privacy, John Faulkner, has warned that personal information posted on social networking websites can linger forever “like an ill-considered tattoo”. But the cabinet secretary said the challenge for legislators was not to protect people from the information they volunteer about themselves but the data collected by others. He called for privacy values to be at the forefront – not an afterthought – when technology was being developed.”
- A Brief History of the Twenty-first Century [Esquire] – “Chuck Klosterman issues his predictions for the coming century.” It’s more speculative satire than future history, but this sort of fictional list is always amusing and until 2040 it extrapolates from contemporary trends fairly well. Then we get time travellers, robots, AIs, war with the animals and overpopulation on the moon.
- China spying on Skype users – VoIP – Connectivity – Technology – theage.com.au – “China is monitoring the chat messages of Skype users and censoring them if they contain sensitive keywords such as Tibet or Communist Party, according to a group of Canadian researchers. The massive surveillance operation of TOM-Skype, a joint venture between Chinese mobile firm TOM Online and Skype, owned by US online auction house eBay, was alleged by Citizen Lab, a University of Toronto research group.” (Another case where ethics are treated as national institutions, not global issues!)
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