Instagram wants terms of service lawsuit thrown out of court

Photo-sharing favourite Instagram has asked a US federal court to throw out a lawsuit filed against the organisation over changes to its terms of service.

An uproar – albeit brief – emerged in December after alterations in Instagram policy increased the power the service had over user photos, with many fearing their images could be used for advertising and other commercial purposes.

One such user, Lucy Funes, took the matter to court with complaints that the new terms required users to transfer photo rights to the company, giving them no choice in the matter.

But on Wednesday, Instagram filed a rebuttal saying Funes had no grounds for her claim because she could have deleted her account before the changes came into effect, reports Reuters. Funes sued the Facebook-owned company on 21 December nearly a month before the new terms of service were activated on 19 January, but continued to use the service after the latter date, Instagram claims.

Wednesday’s filing also disputes that the new terms require Funes to transfer her photo rights to the company, arguing that both the old service terms and the new ones "emphasise that she owns the content she posts through Instagram's service.”

The incident represents the first major case of legal action taken against Instagram since its controversial user terms announcement last year.