Instagram seeks dismissal of the complaint on the TOS change

Instagram has asked a federal court to dismiss a lawsuit over controversial terms of service modifies the popular photo-sharing service announced last year.

The lawsuit, which was filed in December and seeks class action status, accused the service of breach of contract and try to "recover property rights of customers" after announcing a review of its terms of service that many feared given the rights to sell services to users perpetual photographs without payment or notice.

After a user backlash, Facebook owned Instagram soon backtracked on changes and announced that the words do come back to the version in force since the service was launched in 2010. In a document filed today in U.S. District Court for the District of North Instagram argued that the applicant Lucy Funes did not grant his request because she could have deleted his account before the new terms been put in place and continued to use his account on January 19, when the changes in terms of service occurred.

Instagram has said that the new terms of service come into force on January 19 and that users could not remove, but may delete their accounts before the deadline. The trial is in disagreement with this point, saying customers may cancel, but doing so would lose the right to their photos.

Deposit Instagram also contests this, claiming that the conditions of service prior to January 19 does not claim ownership of content created by the user.
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