Visa and MasterCard Face a Fierce Rival in China






Among the myriad designer brands at the Harrods flagship store in London, Chinese housewife Li Yafang spotted a corporate logo she knows from back home: the red, blue, and green of UnionPay cards. “It’s very convenient,” said Li, 39, as a salesperson rang up a £1,190 ($ 1,920) Prada Saffiano Lux handbag.


With 2.9 billion cards in circulation—equal to 45 percent of the world’s total last year—UnionPay has grown into a payments processing colossus just 10 years after the company was founded. Now accepted in 135 countries, its share of global credit- and debit-card transaction volume for the first half of 2012 rose to 23.8 percent, propelling it to No. 2 behind Visa International (V), according to the Nilson Report, an industry newsletter. “UnionPay has absolute dominance in China, and it’s now expanding beyond that to become a top global player,” says James Friedman, an analyst at Susquehanna International Group. “Their numbers show they are already in the league of Visa and MasterCard (MA).”






2a523  mf unionpay52  01  405inline Visa and MasterCard Face a Fierce Rival in China


Yin Lian, UnionPay’s name in Mandarin, means “banks united,” which reflects its ownership structure. Its founding shareholders were 85 Chinese banks, led by the five biggest state-owned lenders. UnionPay’s top managers are former senior officials at the People’s Bank of China, the nation’s central bank. (The company would not make executives available for interviews.)


At home, the Shanghai-based firm enjoys a big competitive edge: The government requires that all automated teller machines and Chinese merchants use UnionPay’s electronic payments network to process payments in the local currency. The rule extends to Visa, MasterCard, and American Express (AXP), which typically give UnionPay a cut of each transaction. “We compete vigorously,” Jeff Liao, head of Visa China, wrote in an e-mail, though he noted that there has been cooperation on issues that affect the entire industry.


Taking up a trade complaint filed by the U.S., the World Trade Organization in July ordered China to stop discriminating against foreign payment companies, yet fell short of spelling out specific remedies. Says Susquehanna’s Friedman: “It’s difficult to say which side won after reading the WTO ruling, as you basically can’t tell what’s actually going to happen.”


China’s receivables from credit cards could rise 40 percent annually to reach 2.5 trillion yuan ($ 397 billion) by 2015, according to a 2011 report from Boston Consulting Group. Citing data presented at a UnionPay shareholders meeting, China Business News reported in April that the company’s revenue has more than tripled over the past four years, reaching 6 billion yuan in 2011, while profit increased almost elevenfold, to $ 1.07 billion yuan. The main driver of revenue growth has been debit cards: UnionPay had $ 2.1 trillion in debit-card transactions and credit-card volume of $ 660 billion last year, according to Nilson Report. UnionPay does not publish financial statements.


Outside China, UnionPay now reaches about the same number of U.S. merchants as Visa and MasterCard, thanks to a 2005 network-sharing agreement with Discover Financial Services. More than 10 million UnionPay cards have been issued by 65 lenders in 17 countries in overseas markets, according to the company’s website.


UnionPay’s growing global reach has been a boon for purveyors of high-end merchandise, whether it’s Italian leather handbags or French perfume. Chinese shoppers this year displaced Americans as the No. 1 consumers of luxury goods, according to a recent Bain & Co. report. Some 60 percent of Chinese purchases happened outside the mainland, the report found.


At Harrods, where UnionPay has been accepted since February 2011, “a large majority of Chinese customers are now taking advantage” of the option, Katharine Witty, group director of corporate affairs at the British department store, wrote in an e-mail. “I don’t have a card issued by foreign banks,” said Li, who was visiting London with her family from the port city of Ningbo. “It’s too much of a hassle to get one.”


The bottom line: China’s UnionPay dominates in a market where credit- and debit-card receivables are forecast to rise to $ 397 billion by 2015.


Businessweek.com — Top News





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Toronto reaches skyward, but how dark the clouds?






TORONTO (Reuters) – Barry Fenton walked to the bank of floor-to-ceiling windows in his 30th-floor uptown Toronto penthouse suite and declared, “This is the best view of the city.”


To the south, a mass of steel-and-glass skyscrapers glinted in the bright autumn sun. Several cranes were in motion on unfinished buildings, a common sight in a city in the midst of a residential building boom.






“If you look around the core, every building you look at has a different look to it, a different ambience,” said the energetic co-founder of Lanterra Developments, one of the city’s most active builders. “That’s important.”


Fenton, 56, says he is confident the city’s condominium market will remain strong — despite warnings that it is all moving too far, too fast — and has an ambitious lineup for future development. And he is not alone in his optimism.


Toronto‘s seams are bursting with new condo and hotel towers designed by star architects like Frank Gehry and built by famed developers like Donald Trump.


But Fenton and others who see Toronto emerging from its “pokey” past — as a columnist in the Globe and Mail recently described it — face some formidable obstacles: an infrastructure buckling under soaring density rates, the laws of supply and demand and preservationists who say too many new towers are destroying the city’s character.


Canada’s central bank drew a bead on the city of 2.6 million this month in its weighty “Financial System Review,” warning of “potential future supply imbalances” in the condo market.


The Bank of Canada noted that the number of unsold condominiums in pre-construction has doubled, to 14,000, over the past year.


Greater Toronto home sales have slowed after years of steady increases. Sales fell 16 percent in November from the same month a year ago, according to the Toronto Real East Board. So far, however, prices are flattening, not falling, as some analysts have predicted.


In defiance of warnings by the central bank and economists, two mega-projects were unveiled within days of each other in October — a three-tower condo complex to be designed by Gehry and a multi-tower office project that includes a massive casino.


RACE TO THE TOP


More skyscrapers — 147 of them — are being built in Toronto than anywhere in North America, according to Emporis, the German data provider. That is twice as many as in New York, a city with about three times the population.


Toronto is getting taller fast. Fifteen buildings that will be more than 150 meters (492 feet) high are under construction, more than anywhere in the western hemisphere.


The recently completed Trump International Hotel topped out at 277 meters, just shy of Toronto’s tallest skyscraper, the 72-story First Canadian Place, which is 298 meters. That height could be exceeded by a couple of major projects on the drawing boards, including the Mirvish project.


(The city’s tallest freestanding structure, however, is the CN Tower, which soars over Toronto at 553 meters.)


“Toronto is creating a very sustainable future by building condos downtown,” said Daniel Libeskind, the American architect, who was in Toronto in October for a ceremony for one of his latest projects, the 57-story L Tower, with its sweeping, curvaceous, design that rises above the city’s modernist Sony Center for Performing Arts.


“It fights urban sprawl and brings people into the heart of the city.”


While building in big American cities and in Western Europe cratered following the financial crisis four years ago, Toronto never stopped booming. Demand for residential space has been strong, and while the office market has also been healthy, most of the new developments have been for condo projects.


Lanterra’s Fenton said his company has built some 9,000 condominium units in Toronto over the past 10 years and now has “in the hopper” up to 6 million square feet of property in downtown Toronto that is being rezoned for new projects.


Lanterra gained prominence over the past five years for the development of Maple Leaf Square, which included two condo towers, a hotel and office space, near the city’s hockey shrine, Air Canada Center, on land that had sat vacant for years.


Now it is “one of the hottest places to be,” said Fenton.


“ONE TOWER LEADS TO ANOTHER”


Some worry that Toronto can’t handle much more development.


“We have accumulated a serious infrastructure deficit,” wrote Ken Greenberg, a Toronto architect, in the Globe and Mail in October. “We have failed to make the investments in public transit that are urgently needed. Our narrow sidewalks and poorly designed streets are already jammed.”


He criticized the city officials and developers for a lack of coordinated planning. “One tower leads to another,” he said.


Despite decades of debate about transportation policy, Toronto has just two subway lines, a fleet of charming but lumbering streetcar lines and crumbling roadways.


Commuters in Toronto spend at least 80 minutes in traffic a day, on average — worse than what commuters face in London or Los Angeles — according to the Toronto Board of Trade.


Toronto’s City Planning Department did not respond to numerous requests for comment.


There is also concern about soaring neighborhood density rates. The city’s waterfront area has seen the most growth. Its population has soared 134 percent in a decade and is up 66 percent in the past five years, to 43,295, according to city data.


Toronto’s aging energy grid is strained. In July, downtown Toronto endured an eight-hour blackout after a transformer blew due to high demand. There was a similar outage last January.


THE MEGA-PROJECTS


Now two of the most ambitious projects the city has ever seen are being floated.


First out of the gate was theater impresario David Mirvish, who with his father, the late Ed Mirvish, helped create Toronto’s vibrant arts and theater scene.


In early October, Mirvish unveiled a plan for three condominium towers, with up to 85 floors each, that would be the city’s tallest buildings.


A podium at the buildings’ base would house two museums, including one for the Mirvish family’s contemporary art collection.


The Mirvish buildings would be designed by Gehry, the celebrated Canadian-born architect whose 76-story 8 Spruce Street residential tower was just completed in New York.


“These towers can become a symbol of what Toronto can be,” the 83-year-old Gehry said at project’s unveiling. “I am not building condominiums, I am building three sculptures for people to live in.”


Two weeks later, Oxford Properties Group, a Canadian developer with a $ 20 billion global real estate portfolio, announced a $ 3 billion makeover of the downtown convention center, just south of the Mirvish and Gehry project. It envisions a casino, two hotel towers and two office towers that would be among the tallest in the city.


Adam Vaughan, a city councilor whose district would encompass both projects, said a lot more planning is needed. He had kinder words for the Mirvish proposal — “it’s a transformative and astonishing proposal” — than for Oxford’s project, which he called “all out of proportion.”


“It’s time to have a really smart conversation about how we are building this neighborhood because there is a hell of lot of density arriving not just with this project but with all the projects that have been approved,” he said in an interview.


AT THE KIT KAT


Al Carbone, owner for the past three decades of the Kit Kat restaurant, doesn’t think people like Vaughan are listening to him, as the councilor and other politicians are not heeding the growing concerns about the rapid pace of development.


He said buildings are springing up too close to lot lines, creating jammed sidewalks and alleyways. And the sun does not shine on the streets like it once did.


He supports the Mirvish project, which would preserve his street, known as Restaurant Row. But he is battling a separate 47-story building that would go up steps away from his restaurant.


The plan, which still must be approved, would retain the historic facades of buildings on the street, which Carbone believes will destroy the character of the row.


“It’s a tough battle,” said Carbone, who launched the website SaveRestaurantrow.com to drum up support in opposition to the project. “You can’t have a condo on every corner.”


WHERE IS TORONTO HEADED?


Some believe Toronto is at a crossroads as developers, politicians and citizens debate the rapid changes the city’s urban landscape.


The Globe and Mail’s Marcus Gee dismissed the idea that the development was somehow bad for the city in a column in October, saying the condo boom “has transformed our once-pokey downtown into a vibrant, around-the-clock urban community.”


David Lieberman, an architect who also teaches at the University of Toronto’s architectural school, agrees the new developments have been good for the city, but he is not sure the city’s citizens are ready for it.


“We have such an excellent opportunity to get things right, but there is the Canadian conservatism,” Lieberman said, sipping coffee in his studio in an old downtown Toronto house. “Canadians in their city building are not risk takers.”


(Reporting By Russ Blinch. Editing by Janet Guttsman and Douglas Royalty)


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Jessica Simpson’s Christmas tweet seems to confirm pregnancy rumor






(Reuters) – U.S. actress, singer and fashion designer Jessica Simpson sent a Christmas Twitter message that apparently confirms media rumors that she is pregnant – showing a photo of her daughter Maxwell with the words “Big Sis” spelled out in sand.


The picture’s caption reads “Merry Christmas from my family to yours.”






Simpson had her first child, Maxwell Drew Johnson, in May. She has since become a spokeswoman for Weight Watchers.


A representative for Simpson was not immediately available for comment.


Simpson rose to fame as a teen pop star and became a household name after starring in a TV reality show with her then-husband Nick Lachey, a member of the boy band 98 Degrees. The pair divorced after three years of marriage.


She went on to star in the 2005 film version of “The Dukes of Hazzard” and re-invented herself as a country singer in 2008. She currently designs apparel, accessories and other fashion products and is a mentor on the TV contest “Fashion Star.”


Simpson’s fiancĂ©, Eric Johnson, is a former U.S. professional football player whose career spanned seven seasons for both the San Francisco 49ers and New Orleans Saints. (Reporting By Mary Wisniewski and Paul Simao)


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Jessica Simpson’s Christmas tweet seems to confirm pregnancy rumor






(Reuters) – U.S. actress, singer and fashion designer Jessica Simpson sent a Christmas Twitter message that apparently confirms media rumors that she is pregnant – showing a photo of her daughter Maxwell with the words “Big Sis” spelled out in sand.


The picture’s caption reads “Merry Christmas from my family to yours.”






Simpson had her first child, Maxwell Drew Johnson, in May. She has since become a spokeswoman for Weight Watchers.


A representative for Simpson was not immediately available for comment.


Simpson rose to fame as a teen pop star and became a household name after starring in a TV reality show with her then-husband Nick Lachey, a member of the boy band 98 Degrees. The pair divorced after three years of marriage.


She went on to star in the 2005 film version of “The Dukes of Hazzard” and re-invented herself as a country singer in 2008. She currently designs apparel, accessories and other fashion products and is a mentor on the TV contest “Fashion Star.”


Simpson’s fiancĂ©, Eric Johnson, is a former U.S. professional football player whose career spanned seven seasons for both the San Francisco 49ers and New Orleans Saints. (Reporting By Mary Wisniewski and Paul Simao)


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NORAD says record number of calls to track Santa






PETERSON AIR FORCE BASE, Colo. (AP) — Most of the thousands of children who call the annual Santa-tracking operation at a Colorado Air Force Base on Christmas Eve ask the usual questions: “Where’s Santa, and when will he get here?”


So volunteer Sara Berghoff was caught off-guard Monday when a child called to see if Santa could be especially kind this year to the families affected by the Connecticut school shooting.






“I’m from Newtown, Connecticut, where the shooting was,” she remembers the child asking. “Is it possible that Santa can bring extra presents so I can deliver them to the families that lost kids?”


Sara, just 13 herself, was surprised but gathered her thoughts quickly. “If I can get ahold of him, I’ll try to get the message to him,” she told the child.


Sara was one of hundreds of volunteers at NORAD Tracks Santa who answered thousands of calls, program spokeswoman Marisa Novobilski said. Spokeswoman 1st Lt. Stacey Fenton said that as of midnight Tuesday, trackers answered more than 111,000 calls, breaking last year’s record of 107,000.


First lady Michelle Obama, who is spending the holidays with her family in Hawaii, also joined in answering calls as she has in recent years. She spent about 30 minutes talking with children from across the country, telling some who asked that her favorite toys growing up were Barbie dolls and an Easy Bake oven.


She also received an invitation to visit an 11-year-old boy in Fort Worth, Texas, and a request to put her husband on the phone. “He’s not here right now. But you know what, I will tell him you asked about him. OK?” she replied.


The North American Aerospace Defense Command, a joint U.S.-Canada command responsible for protecting the skies over both nations, tracks Santa from its home at Peterson Air Force Base.


NORAD and its predecessor have been fielding Christmas Eve phone calls from children — and a few adults — since 1955. That’s when a newspaper ad listed the wrong phone number for kids to call Santa. Callers ended up getting the Continental Air Defense Command, which later became NORAD. CONAD commanders played along, and the ritual has been repeated every year since.


After 57 years, NORAD can predict what most kids will ask. Its 11-page playbook for volunteers includes a list of nearly 20 questions and answers, including how old is Santa (at least 16 centuries) and has Santa ever crashed into anything (no).


But kids still manage to ask the unexpected, including, “Does Santa leave presents for dogs?”


A sampling of anecdotes from the program this year:


___


THE REAL DEAL: A young boy called to ask if Santa was real.


Air Force Maj. Jamie Humphries, who took the call, said, “I’m 37 years old, and I believe in Santa, and if you believe in him as well, then he must be real.”


The boy turned from the phone and yelled to others in the room, “I told you guys he was real!”


___


DON’T WORRY, HE’LL FIND YOU: Glenn Barr took a call from a 10-year-old who wasn’t sure if he would be sleeping at his mom’s house or his dad’s and was worried about whether Santa would find him.


“I told him Santa would know where he was and not to worry,” Barr said.


Another child asked if he was on the nice list or the naughty list.


“That’s a closely guarded secret, and only Santa knows,” Barr replied.


___


TOYS IN HEAVEN: A boy who called from Missouri asked when Santa would drop off toys in heaven.


His mother got on the line and explained to Jennifer Eckels, who took the call, that the boy’s younger sister died this year.


“He kept saying ‘in heaven,’” Eckels said. She told him, “I think Santa headed there first thing.”


___


BEST OF: Choice questions and comments wound up posted on a flip chart.


“Big sister wanted to add her 3-year-old brother to the naughty list,” one read.


“Are there police elves?” said another.


“How much to adopt one of Santa’s reindeer?”


“What’s the best way to booby-trap the living room to trap Santa?”


“When you see Santa, tell him hello for me, I never see him.”


“How does Santa make iPads?”


____


INTERNATIONAL FLAVOR: NORAD got calls from 220 countries and territories last year, and non-English-speakers called this year as well.


Volunteers who speak other languages get green Santa hats and a placard listing their languages so organizers can find them quickly.


“Need a Spanish speaker!” one organizer called as he rushed out of one of three phone rooms.


___


HE KNOWS WHEN YOU’RE AWAKE: At NORAD’s suggestion, volunteers often tell callers that Santa won’t drop off the presents until all the kids in the home are asleep.


“Ohhhhhhh,” said an 8-year-old from Illinois, as if trying to digest a brand-new fact.


“I’m going to be asleep by 4 o’clock,” said a child from Virginia.


“Thank you so much for that information,” said a grateful mom from Michigan.


___


CHRISTMAS EVE IN AFGHANISTAN: Five U.S. service personnel answered calls from Afghanistan for about 90 minutes through a conferencing hookup.


“They had a great time,” said Novobilski, the program spokeswoman.


NORAD wanted to set up a call center in Afghanistan but that proved too complex, she said.


___


HEY, MR. ELF: “Mr. Elf,” said one caller, “This is Adam, and I’ve been really good this year.”


___


FOR GEARHEADS: For people who want to know the specs of Santa’s sleigh, NORAD offers a trove of tidbits, including:


Weight at takeoff: 75,000 GD (gumdrops).


Propulsion: 9 RP (reindeer power).


Fuel: Hay, oats and carrots (for reindeer).


Emissions: Classified.


___


Online:


Track Santa online at http://www.noradsanta.org


___


Follow Dan Elliott at http://twitter.com/DanElliottAP


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Early Childhood Obesity Rates Might Be Slowing Nation-Wide






About one in three children in the U.S. are now overweight, and since the 1980s the number of children who are obese has more than tripled. But a new study of 26.7 million young children from low-income families shows that in this group of kids, the tidal wave of obesity might finally be receding.Being obese as a child not only increases the risk of early-life health problems, such as joint problems, pre-diabetes and social stigmatization, but it also dramatically increases the likelihood of being obese later in life, which can lead to chronic diseases, including cancer, type 2 diabetes and heart disease. Children as young as 2 years of age can be obese–and even extremely obese. Early childhood obesity rates, which bring higher health care costs throughout a kid’s life, have been especially high among lower-income families.”This is the first national study to show that the prevalence of obesity and extreme obesity among young U.S. children may have begun to decline,” the researchers noted in a brief report published online December 25 in JAMA, The Journal of the American Medical Association. (Reports earlier this year suggested that childhood obesity rates were dropping in several U.S. cities.)The study examined rates of obesity (body mass index calculated by age and gender to be in the 95th percentile or higher–for example, a BMI above 20 for a 2-year-old male–compared with reference growth charts) and extreme obesity (BMI of more than 120 percent above that of the 95th percentile of the reference populations) in children ages 2 to 4 in 30 states and the District of Columbia. The researchers, led by Liping Pan, of the Division of Nutrition, Physical Activity and Obesity at the U.S. Centers for Disease Control and Prevention, combed through 12 years of data (1998 to 2010) from the Pediatric Nutritional Surveillance System, which includes information on roughly half of all children on the U.S. who are eligible for federal health care and nutrition assistance.A subtle but important shift in early childhood obesity rates in this low-income population seems to have begun in 2003. Obesity rates increased from 13.05 percent in 1998 to 15.21 percent in 2003. Soon, however, obesity rates began decreasing, reaching 14.94 percent by 2010. Extreme obesity followed a similar pattern, increasing from 1.75 percent to 2.22 percent from 1998 to 2003, but declining to 2.07 percent by 2010.Although these changes might seem small, the number of children involved makes for huge health implications. For example, each drop of just one tenth of a percentage point represents some 26,700 children in the study population alone who are no longer obese or extremely obese. And if these trends are occurring in the rest of the population, the long-term health and cost implications are massive.Public health agencies and the Obama Administration have made battling childhood obesity a priority, although these findings suggest that early childhood obesity rates, at least, were already beginning to decline nearly a decade ago. Some popular prevention strategies include encouraging healthier eating (by reducing intake of highly processed and high-sugar foods and increasing fruit and vegetable consumption) and increased physical activity (both at school and at home).The newly revealed trends “indicate modest recent progress of obesity prevention among young children,” the authors noted. “These finding may have important health implications because of the lifelong health risks of obesity and extreme obesity in early childhood.”


Follow Scientific American on Twitter @SciAm and @SciamBlogs.Visit ScientificAmerican.com for the latest in science, health and technology news.
© 2012 ScientificAmerican.com. All rights reserved.
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Newsweek unveils last print cover







The 80-year-old US current affairs magazine Newsweek has revealed the image that will grace the cover of its last-ever print edition.






A black and white photo of the publication’s Manhattan headquarters takes pride of place, with the strapline #lastprintissue.


The nod to Twitter is regarded as a backhanded compliment.


The death of the print edition was caused by falling advertising revenues, as audiences moved online.


From the new year, Newsweek will be a digital-only publication. Editor Tina Brown described it as “a new chapter” for the magazine.


In a defiant editor’s letter, she wrote: “This is not a conventional magazine, or a hidebound place.


“It is in that spirit that we’re making our latest, momentous change, embracing a digital medium that all our competitors will one day need to embrace with the same fervor.


“We are ahead of the curve.”


Ms Brown became editor of the publication two years ago, after it merged with The Daily Beast, a news website she co-founded in 2008.


‘Bitter sweet’


Newsweek’s first edition was published on 17 February, 1933. It made an immediate splash with its front cover, featuring seven photos – one news story for each day of the week.


Although it always took second place to its rival, Time, it gained prominence in the 1960s for its coverage of the civil rights movement.


At its height, it had a circulation of 3 million, but declining readership and advertising revenue saw it fall into losses.


It was sold by the Washington Post Company to businessman and publisher Sidney Harman for $ 1 in 2010, and was merged with the Daily Beast three months later.


Ms Brown is a former editor of Vanity Fair and The New Yorker. She unveiled Newsweek’s final front cover via Twitter, saying: “Bitter sweet! Wish us luck!”


One reader commented that the hashtag headline was “like using your final breath to ID the killer”.


The move to a digital edition will allow Newsweek to cut costs such as printing, postage and distribution. However it will lose money from print advertisers, who traditionally pay more than their online counterparts.


As the final edition went to the printers, The Daily Beast confirmed it would be making many of its editorial staff redundant.


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Bolivia’s Morales visits Cuba after Chavez surgery






HAVANA (AP) — Bolivian President Evo Morales has made a lightning trip to Havana where key ally Hugo Chavez is convalescing after cancer surgery.


Morales did not speak to foreign journalists during his weekend visit. Cuban state-run media didn’t confirm that he visited Chavez, but said he came “to express his support” for the Venezuelan president. The Cuban government had invited media to cover Morales’ arrival Saturday and departure Sunday but withdrew the invitation with no explanation.






Photos released by Cuban media showed President Raul Castro greeting Morales at the airport in Havana.


Morales aides said Monday he planned to make a statement later about Chavez.


Chavez underwent on Dec. 11 his fourth cancer-related operation since last year, two months after winning reelection to a six-year term. Venezuelan officials say his condition is stable.


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Instagram furor triggers first class action lawsuit






SAN FRANCISCO (Reuters) – Facebook‘s Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.


In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.






“We believe this complaint is without merit and we will fight it vigorously,” Facebook spokesman Andrew Noyes said in an e-mail.


Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $ 715 million.


In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.


The current terms of service, in effect through mid-January, contain no such liability shield.


The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.


However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying “that we may not always identify paid services, sponsored content, or commercial communications as such.” It also kept the mandatory arbitration clause.


The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram’s terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.


“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,’” the lawsuit says.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.


However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.


“Hopefully, Instagram will learn from that experience and refrain from removing privacy settings,” Opsahl said.


The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.


(Reporting by Dan Levine; Editing by Dan Grebler)


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Instagram furor triggers first class action lawsuit






SAN FRANCISCO (Reuters) – Facebook‘s Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.


In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.






“We believe this complaint is without merit and we will fight it vigorously,” Facebook spokesman Andrew Noyes said in an e-mail.


Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $ 715 million.


In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.


The current terms of service, in effect through mid-January, contain no such liability shield.


The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.


However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying “that we may not always identify paid services, sponsored content, or commercial communications as such.” It also kept the mandatory arbitration clause.


The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram’s terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.


“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,’” the lawsuit says.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.


However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.


“Hopefully, Instagram will learn from that experience and refrain from removing privacy settings,” Opsahl said.


The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.


(Reporting by Dan Levine; Editing by Dan Grebler)


Tech News Headlines – Yahoo! News





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