The new ToS also spurred user suspicions that Instagram would sell their pictures without compensation for the user. The company later clarified the change, saying it had no intention of selling user photos, but it remains true -- and was true before the ToS changes were announced -- that the company has a non-exclusive license to use user photos.
Facebook, in a statement, said the lawsuit's accusations are without merit and that it will fight the action vigorously. "We believe this complaint is without merit and we will fight it vigorously," Facebook spokesman Andrew Noyes said in an e-mail.
In short, Instagram declares that "possession is nine-tenths of the law and if you don't like it, you can't stop us."Facebook acquired Instagram in April for around $1 billion in cash and stock.
The civil lawsuit, filed in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.