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by _delirium 4926 days ago
I don't generally mind free services adding whatever advertising or other things they want, but imo it gets into considerably different territory when there's anything like a transfer of ownership or substantive licensing of ownership-like rights. Those kinds of transfers should be very explicit, where users consciously and knowingly agree, "yes, I agree to license this content for [x,y] use". Of course, Instagram claims they didn't do that here (though EFF's lawyers seem to disagree).

For example, I use Flickr as a free service, and I don't think they owe me anything. They could add advertising if they want, they could remove the free tier and shut down my account if I don't pay, they could shut down the service entirely, etc. That's all well within their rights, since they run the service. But imo it's a qualitative difference from those kinds of changes if they were to add new ToS terms claiming ownership or ownership-like rights over my photographs. That's very different because it can actually damage my career outside their service if I fail to notice the relevant ToS change and they grab some rights I didn't intend to license to them.