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I have one problem with this comparison: If Instagram would start selling my photos I could still access and display them. I would not lose anything.

Same thing as the "you wouldn't steel a car" analogy. Didn't think XKCD would fall for that mistake.

In this case, the "car" and other garage contents in the analogy equate to the exclusivity of one's legal claims to one's own copyrighted material. Under the Instagram ToS, that would have gone away, in that they asserted a perpetual, broad-scoped license to your copyrights.

A large gulf lies between having individuals infringe your copyright and having the legal ability to enforce that copyright taken away.

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