The new TOS includes the agreement that users' photos are sub-licensable, something not mentioned in the current TOS.
Isn't this essentially what they were claiming in the previous version of the new TOS, expect this time it's not in your face that they can charge others (including advertisers) to use you images and not pay you?
"you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service"
The previous TOS said the following:
"Instagram does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Instagram Services"
For the sake of comparison, the equivalent section of the Flickr UK TOS . The difference seems fairly stark.
>With respect to Content you elect to post for inclusion in publicly accessible areas of Yahoo! Groups or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Services, you grant Yahoo! a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting the specific Yahoo! Group to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services. This licence exists only for as long as you elect to continue to include such Content on the Services and shall be terminated at the time you delete such Content from the Services.
"Instagram does NOT claim ANY ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, applications, or
any other materials (collectively, "Content") that you post on or through the
But I'm not sure why you quoted that sentence and or why you failed to include the sentence after the one you quoted:
"By displaying or publishing ("posting") any Content on or through the
Instagram Services, you hereby grant to Instagram a non-exclusive, fully paid
and royalty-free, worldwide, limited license to use, modify, delete from, add
to, publicly perform, publicly display, reproduce and translate such Content,
including without limitation distributing part or all of the Site in any
media formats through any media channels, except Content not shared publicly
("private") will not be distributed outside the Instagram Services."
The above sentence seems to be the most relevant to the discussion started by the parent comment.