The proposed class action lawsuit was filed in San Francisco in December by an Instagram user who levelled breach of contract and other claims against the service. Instagram rolled out policy changes which gave it rights to use users photos in advertisements without paying them a bean.
There was such an outcry Instagram backed down a little. However in yesterday’s filing, Instagram called for the case to be thrown out. It argued that the plaintiff, Lucy Funes, has no right to bring her claim because she could have deleted her Instagram account before the changes in the term of service went into effect.
The changes in the terms of service were first announced on December 17 and then altered a few days later following widespread user complaints. Funes sued the company on December 21, nearly a month before the changes in the terms of service went into effect on January 19, the court papers said.
Instagram also denied Funes' claims that the new terms required her to transfer rights in her photos to the company.