According to Instagram, the class action lawsuit filed against the photo sharing service after they released plans to tweak their terms of service last December has no merit.

Plaintiff for the class action suit Lucy Funes sued the sepia-toned company for breach of contract just four days after the company released their new terms of service on December 17th of last year. In the court papers filed yesterday, Instagram argued that Ms. Funes could have just deleted her account well before the new user agreement took effect on January 19th. They also pointed out that she had been posting photos to her Instagram account the day after her attorney's filed suit. In other words: those attorney's picked a pretty terrible lead plaintiff and Instagram politely told them to just fuck off.

At the time many users feared those new terms of service would allow Instagram to put users' photos in advertisements for a profit. Instagram also argued that, under the revised terms, this was not the case. Likewise, most people on the Internet agreed that no one at Instagram actually had any interest in anyone's photos of feet on a beaches, but at least one Tech pundit stormed off in a huff.

The suit was filed at a U.S. District Court in San Francisco.

Previously: All Instagram coverage on SFist.
[Reuters]