Maybe, maybe not. We're simply taking them at their word. For all anyone outside the company knows, this was a stealth move designed to see how far the TOS could be pushed before the company decided what, exactly, they were going to do within whatever parameters they could get away with. After all, the real issue with becoming part of Facebook for $1 billion is that Instagram is reasonably assumed to be hard pressed to justify their price in a corporate structure famous for its own uncertain prospects and notorious lack of scruples.
The other problem is that even now, they're still bullshitting, and indirectly blaming users for the fuss. In truth, there was nothing unclear or confusing about the language they used. To the contrary, it was explicitly clear. And what it said was awful. Even if the message conveyed wasn't what they intended, it's dishonest to to characterize the resulting uproar as "confusion". That wasn't confusion. That was justified fury aimed at a richly deserving target.
Even now, they're still remain very unclear on the concepts of respect, integrity, and honesty. What they should have said was not "Thank you" (as if people's rage is a favor gladly bestowed), and "Hey, we're listening", (as if there was any doubt when their entire brand was headed for a cliff.) This is just more patronizing nonsense, which only exacerbates the mushrooming trust issue they've got on their hands.
Instead, they should have said, in big bold letters at the very top "We're really Sorry! We just published something truly awful. In no way does it reflect our intentions, but none of you had any way of knowing that, so if we were in your position, we'd be just as furious as you are. Again, we screwed up the ToS - badly. We're scrapping that effort entirely. Please accept our very humble apologies. "
Continuing, the should have noted "And that's not the only thing we screwed up. By failing to share our plans for the company with the community we rely on - in plain English, clearly, and up front - we left you no choice but to assume the worst when our train-wreck of a ToS update hit the internet. Furthermore, we've failed to account for the residual trust issues that our new owners at Facebook developed in their rapid growth phase, and which they are still dealing with today. We are now aware that we're a part of putting those concerns to rest, which means being especially careful with things like Privacy and IP. As noted, we weren't. Please believe us when we say that we've learned these lessons hard and fast, and that none of these problems will be problems again."
At that point, they could do what they should have done from the very beginning, and clearly explain the (hopefully) non-abusive, non-sleazy way they intended to build a commercial service to the IP holders they rely on.
The other problem is that even now, they're still bullshitting, and indirectly blaming users for the fuss. In truth, there was nothing unclear or confusing about the language they used. To the contrary, it was explicitly clear. And what it said was awful. Even if the message conveyed wasn't what they intended, it's dishonest to to characterize the resulting uproar as "confusion". That wasn't confusion. That was justified fury aimed at a richly deserving target.
Even now, they're still remain very unclear on the concepts of respect, integrity, and honesty. What they should have said was not "Thank you" (as if people's rage is a favor gladly bestowed), and "Hey, we're listening", (as if there was any doubt when their entire brand was headed for a cliff.) This is just more patronizing nonsense, which only exacerbates the mushrooming trust issue they've got on their hands.
Instead, they should have said, in big bold letters at the very top "We're really Sorry! We just published something truly awful. In no way does it reflect our intentions, but none of you had any way of knowing that, so if we were in your position, we'd be just as furious as you are. Again, we screwed up the ToS - badly. We're scrapping that effort entirely. Please accept our very humble apologies. "
Continuing, the should have noted "And that's not the only thing we screwed up. By failing to share our plans for the company with the community we rely on - in plain English, clearly, and up front - we left you no choice but to assume the worst when our train-wreck of a ToS update hit the internet. Furthermore, we've failed to account for the residual trust issues that our new owners at Facebook developed in their rapid growth phase, and which they are still dealing with today. We are now aware that we're a part of putting those concerns to rest, which means being especially careful with things like Privacy and IP. As noted, we weren't. Please believe us when we say that we've learned these lessons hard and fast, and that none of these problems will be problems again."
At that point, they could do what they should have done from the very beginning, and clearly explain the (hopefully) non-abusive, non-sleazy way they intended to build a commercial service to the IP holders they rely on.