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"The Instagram Services contain Content of Users and other Instagram licensors. Except as provided within this Agreement, you may not copy, modify, translate, p
by grabeh 14y ago
"The Instagram Services contain Content of Users and other Instagram licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Instagram Services."
Perhaps Instagram made a complaint on the basis of the above clause of their terms of use. Although I would argue that the tags are not copyrightable due to their short length, Instagram may feel differently. Although quite how they are being harmed by your service is difficult to see.
- Zaheer 14y agoI was thinking of this too but would that not come under Online Fair use laws? Also there are other apps on the store that compile hashtags as well so I'm not really sure why mine got taken down and others are still up.
- grabeh 14y agoSometimes takedowns can be as simple as your app coming across the radar of the company whilst others aren't noticed. The concept of fair use covers various set grounds like education, comment and reporting. I don't think your usage would fall under any of the prescribed grounds on a first glance. However, I would argue that the tags are just not capable of attracting copyright protection (there needs to be a certain level of skill and labour expended to attract protection) and as such Instagram have no ability to prevent your usage.
- Zaheer 14y agoI just reached out to Google to clarify what the issue actually is. Really hoping that this isn't the reason. I suppose if I rebranded it just as hashtags and remove all references of Instagram it should be ok, right?
- grabeh 14y agoIt looks like there may be two separate grounds, impersonation and infringement. Removing instagram references may help with the impersonation claim but not necessarily with the infringement claim...