Top Comments: Mashable Readers React to Instagram’s Terms of Service

Monday, Dec. 17: Instagram Updates TOS

Readers had varying reactions to Instagram‘s updates. Some felt that they were fair: If you don’t like the terms of service, argued some users, you have the option not to use the service. Others were far more outraged.

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[More from Mashable: Why xkcd Is Wrong About Instagram]

This week, the top comments on Mashable brought into focus both the state of the world around us and the constantly changing nature of our virtual lives. Our readers launched into debate when Instagram appeared to be making drastic changes to its privacy policy. Based on the wording of Instagram’s new Terms of Service, photographers worried that they may no longer own the rights to their own work, and that their photos could be used in advertising. As Mashable‘s Chris Taylor put it, the TOS as they stood early this week basically “signed your life away.”

Over the course of the week, we saw new privacy settings for Instagram users revealed, officially commented upon (while remaining unchanged) and then finally rescinded and apologized for.

[More from Mashable: Instagram Updates Its Terms of Service Based on User Feedback]

The Instagram controversy proved that users are, in fact, paying attention to the often glossed-over Terms of Service established by their favorite apps, and that a company’s response to public outcry has the potential to make or break their service.

Mashable‘s senior tech analyst, Christina Warren, compared Instagram’s actions to Netflix’s in the summer of 2011. Outraged users proved they weren’t bluffing about abandoning Instagram: Celebrities and power users threatened to quit the network, and downloads of rival apps such as Flickr and Aviary soared in the days surrounding the controversy. What was your take on this week’s events, involving photo-sharing and users’ right to ownership?

Even more commented upon, though less debated, were two Mashable stories that examined social media backlash in the wake of a tragedy. In the days following the horrific shooting at Sandy Hook Elementary in Newtown, Connecticut, we found ourselves contemplating, both online and off, the horrific nature of the event. Unsurprisingly, the two most-commented-upon stories this week both centered on Sandy Hook’s impact on the social web. Our commenters sounded off on the offensive tweets sent during Obama’s Newtown speech, as well as on the viral post, “I Am Adam Lanza’s Mother.”

Other stories our commenters flocked to this week included a viral video of a golden eagle snatching a baby (later proved to be a hoax), the hacking of the Westboro Baptist Church by hacktivist group Anonymous and the appalling revelation that Facebook’s interns make more money than all of us. We also prepared for the end of the world as brought forth by the Mayan Apocalypse — which never did happen.

What were your favorite moments on Mashable this week? You can be part of the discussion by signing up with one of your social networks, and joining the conversation on our site. Next week, your voice could be featured in the Top Comments.

Happy holidays to our community!

Image courtesy of flickr, Marc Wathieu

This story originally published on Mashable here.

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South Africa’s Mandela responding to treatment in hospital

JOHANNESBURG (Reuters) – Former South African president and anti-apartheid hero Nelson Mandela, who is 94, continues to respond to treatment two weeks after being taken to hospital, the government said on Saturday.

The Nobel Peace laureate, who has been treated for a lung infection and gallstones after being hospitalized on December 8, was visited by South African President Jacob Zuma, presidency spokesman Mac Maharaj said in a statement.

“Madiba has been in hospital since the 8th of December and continues to respond to treatment,” Maharaj said, referring to Mandela by his clan name.

“President Zuma assured him of the love and support of all South Africans, young and old, and the whole world.”

The country’s first black president was admitted to hospital in Pretoria earlier this month after being flown from his home village of Qunu in a remote part of the Eastern Cape province.

It seems likely that Mandela, admired at home and abroad as a global icon against injustice for his lifetime of struggle against minority white rule, will end up spending Christmas in the hospital.

On Thursday, following his re-election as leader of the ruling African National Congress (ANC), Zuma reported Mandela had “steadily improved”.

Zuma said then the former president was receiving “the best care possible” but recalled that Mandela was “at an age where medical challenges require extraordinary care”.

He praised Mandela as an “unparalleled fighter”.

In an interview broadcast on Saturday but recorded a day earlier, the ANC’s newly elected Deputy President Cyril Ramaphosa said he believed Mandela was “on the mend”.

Mandela spent 27 years in apartheid prisons, including 18 years on the windswept Robben Island off Cape Town. He was released in 1990 and went on to use his prestige to push for reconciliation between whites and blacks as the bedrock of the post-apartheid “Rainbow Nation”.

He stepped down in 1999 after one term in office and has been largely removed from public life for the last decade.

Mandela spent time in a Johannesburg hospital in 2011 with a respiratory condition, and again in February this year because of abdominal pains. He was released the following day after a keyhole examination showed there was nothing serious.

He has since spent most of his time in Qunu.

His fragile health prevents him from making any public appearances in South Africa, although he has continued to receive high-profile domestic and international visitors, including former U.S. president Bill Clinton in July.

(Reporting by David Dolan; Editing by Pascal Fletcher)

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Former President George H.W. Bush remains hospitalized

(Reuters) – Former President George H.W. Bush, who has been hospitalized for a month undergoing treatment for bronchitis, may not be released from a Houston hospital in time to celebrate Christmas at home as doctors had hoped.

Bush, 88, remained in stable condition and doctors were optimistic he would make a full recovery, George Kovacik, a spokesman at Methodist Hospital, said in an emailed statement on Sunday.

But doctors were being “extra cautious” with his care and no discharge date had been set, the statement said. Earlier this month, Kovacik said doctors expected Bush would be able to spend Christmas at home with his family.

“His doctors feel he should build up his energy before going home,” the statement said.

Bush, the 41st president and a Republican, took office in 1989 and served one term in the White House. The father of former President George W. Bush, he also is a former congressman, U.N. ambassador, CIA director and vice president for two terms under Ronald Reagan.

(Reporting by Kevin Gray; Editing by Daniel Trotta and Vicki Allen)

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Norway minister’s EU exit warning

23 December 2012 Last updated at 09:08 ET

Norway’s foreign minister has urged the UK to assess the advantages of staying in the European Union, rather than consider leaving.

Norway is not in the EU but has access to the single market. UK Eurosceptics use it as a model for how the UK could relate to the EU from outside.

But Foreign Minister Espen Eide said Oslo had “limited scope for influence”.

“We are not at the table when decisions are made,” he told Radio 4′s The World This Weekend.

Mr Eide is pro-EU, though Norwegian voters have twice rejected the chance to join the EU in referendums in 1972 and 1994.

Sir Nigel Sheinwald, a former UK ambassador to the US and to the European Union, said: “The issue is – do you want to be part of the single market? All the economic indicators are that the UK needs to be.

“But [the Norwegians] have no role in negotiations… they have no impact, no influence and there’s no accountability. So this is regulation without representation.

“It’s the first thing the UK needs to decide, whether it wants to be associated with the single market, from the inside or the outside.

“If on the outside, both the Swiss and the Norwegian models give you no actual impact on the substance of what’s agreed.”

Conservative MEP Daniel Hannan said he was “not aware of any British Eurosceptics who are arguing that we should precisely replicate the Norwegian model”.

He added: “What we’re after is something a bit more like what the Swiss have, but actually I think we could get better terms than either Norway or Switzerland.”

Prime Minister David Cameron has consistently said he supports Britain’s continued membership.

He has hinted, however, at a possible referendum to allow the British people the opportunity to give their “fresh consent” on the issue.

Mr Cameron is expected to give a much delayed speech on Europe early in the new year.

The World This Weekend was broadcast on Radio 4 at 13:00 GMT on Sunday.

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Massive PC, Console Game Discounts Ring in Holiday Season

Black Friday, the day right after Thanksgiving, is normally the day associated with electronics sales. And while the proponents of “Cyber Monday” and “Small Business Saturday” have tried to get in on the action, it’s still common knowledge that Thanksgiving weekend is the best time to upgrade your PC or console game arsenal. Right?

Not according to online game retailers. Discounts of up to 80 percent off a game’s retail price are taking place across the web, especially in online stores which offer games in the form of digital downloads (which cost nothing to make extra copies of). Here’s a look at just a few of the sales going on right now, for Windows and Linux PCs, Macs, game consoles, and mobile devices.

Steam (Windows, Linux, Mac)

The annual Steam Holiday Sale is under way, and it’s not just blowing hot air. Complete collections of every Steam game from publishers including Valve are on sale for around the price of one retail title, and individual games can be bought from each bundle for only a few dollars. Each day new sales are available, and most of them are massive, percentage-wise. They’re tied to a personal Steam account (which will always be linked to the original name they were created with), but can be bought as gifts for others.

Also check out: Amazon.com’s PC download sales, many of which are fulfilled through Steam and are discounted about as much. Amazon’s lineup also includes many casual games, of the “$ 10 store discount rack” variety.

Humble Indie Bundle 7 (Windows, Linux, Mac)

The Humble Bundle crew has been offering cross-platform, name-your-own-price bundles of indie games for several years now, and their seventh numbered offering is timed right for the holiday season. Bundles are giftable, the games can be played on Steam, and you can choose how much of your purchase price goes to game developers and how much goes to select charities.

PlayStation Network (PS3, PSP, Vita)

Console gamers aren’t being left out. The PSN Holiday Essentials sale is putting “more than 40 titles” on sale over the next three weeks, with a new selection available every week and even lower prices available to PlayStation Plus members.

Also check out: The Xbox Live Countdown to 2013 sale, with a “Daily Deal” every day until the end of the year.

Other sales

Game publishers SEGA and Square-Enix are discounting many of their most popular titles. SEGA’s holiday sale includes PSN, Xbox Live, Android and iOS titles, with most of its mobile games selling for $ 0.99. Meanwhile, the Square-Enix Winter of Mobile sale page lists huge discounts on iPhone and iPad games, while Android Police blogger Jeremiah Rice has put together a list of which Square-Enix Android games are on sale.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
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Alan Ball’s ‘Banshee’ Screeches Onto Cinemax in January

LOS ANGELES (TheWrap.com) – “True Blood” creator Alan Ball‘s new television series “Banshee” will premiere January 11 at 10 p.m. on Cinemax, the network said Thursday.

The drama, which is executive-produced by Ball and “House M.D.” executive producer Greg Yaitanes, centers on ex-con and master thief Lucas Hood (played by “Rush” star Anthony Starr), who assumes the identity of the sheriff of Banshee, Pa., where he continues his criminal ways while being hunted by a team of gangsters from his past. Ivana Milicevic (“Charlie’s Angels”) and Ulrich Thomsen (“The Celebration”) also star.

Series writers Jonathan Tropper and David Schickler also executive-produce, along with Peter Macdissi.

The pilot episode will re-air at 11:05 p.m. and 12:10 a.m., with additional re-airings on January 12, 13, 14, 15, 16 and 30.

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Bieber’s Hamster Giveaway Causes Furry Furor

Justin Bieber bonds with his former pet, Pac-the-hamster. Image credit: Twitter @PacBieber.

Here’s a story that will give you paws. Or at least it has paws.

According to TMZ, Justin Bieber gave an unsuspecting fan an early Christmas present by unloading his pet hamster, named PAC, on her during a recent concert.

“That’s all you,” Bieber can be heard shouting to the girl over the screams of the crowd as the incident was captured on grainy video. “You gotta take care of PAC.”

The girl, identified as Victoria Blair, age 18, screamed back, “I will take care of him!”

The California Hamster Association is not amused. They simply cannot belieb the pop star acted so irresponsibly.

First of all, yes. There really is a California Hamster Association (CHA). And second, as David Imber, an adviser and spokesman for the organization pointed out – what Bieber did was not cool.

“No doubt Justin Bieber meant well in delighting his adoring fan with the gift of his hamster, but without realizing it he was practicing a form of animal cruelty,” Imber said.

“We have subsequently read that the recipient is attempting to be responsible about caring for the animal, but absent any other indication, in general it is extremely likely that this hamster would have been harmed,” Imber continued. “No pet, large or small, should ever be ‘gifted’ to an unknowing recipient.”

Beiber could not immediately be reached for comment by ABC News but Blair told ABC News that PAC is doing fine.

If you are considering giving the gift of a hamster this year, the CHA urges using some common sense.

This means never surprising someone with any sort of creature, let alone something as sensitive and fragile as a cute and furry little hamster. Without discussing it with them first, you don’t know if someone has the means or desire to provide proper care for the animal (as with any animal), including suitable housing, plenty of food and water, and one of those squeaky exercise wheels. And definitely, under no circumstances should you hand over a pet to the recipient at a concert.

Imber worried that most people don’t realize hamsters actually don’t make great pets for little kids even though they are inexpensive and reproduce in great numbers.

“They do not typically sit calmly in one’s lap, but roam incessantly — the reason we give them wheels — and they have a very short life span of fewer than 1,000 days,” he said.

If you do decide to go forward with a pet present, remind the new owner that they can leave it in the care of a shelter or animal rescue center should they no longer wish to keep it — again, keeping in mind that any handoff should not occur in the midst of a screaming mob of adolescent girls.

But anyway, three holiday cheers for PAC’s new situation. Our little ham-star doesn’t appear doomed to die a horrible death as the CHA initially feared. In fact, he seems to be thriving like the tiny rodent royalty he is, even tossing out the occasional tweet to his nearly 46,000 followers.

“Yes, it’s true. @victoriablair21 is ‘my’ new owner, she takes care of me so don’t worry,” said one of his tweets that posted a few days after he was handed over to Blair.

It was hashtagged, #happyhamster.

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Showrooming little threat to clothiers in ho-hum holidays

Chicago (Reuters) – In retail, showrooming has not hit shirts yet.

Showrooming, the retail term for shoppers who try a product, then buy it cheaper on Amazon.com or other websites, has driven retailers to the point of hiding barcodes, improving their own websites and coming up with methods to get people to complete their purchase in the store.

But brand-name clothing retailers have an advantage over companies that sell items you can buy anywhere, like televisions and home goods.

“Specialty apparel retailers are some of the least affected by showrooming since the more exclusive the product is, the harder it is to showroom,” said Joel Bines, managing director of the retail practice at advisory firm AlixPartners.

That, in turn, has helped retailers like Gap Inc and Lululemon Athletica Inc find favor with investors.

A survey of 2,010 adults conducted by AlixPartners showed consumers who shop for apparel were among the least likely (35 percent) to go to other websites after they liked an item at a store, compared with 42 percent of electronics shoppers and 41 percent of those looking for accessories like watches and jewelry.

“If you look at some of the most successful (clothes) companies in the past few years, they are those that have that moat around them,” said hedge fund manager Shawn Kravetz, who runs Esplanade Capital in Boston.

He cites yogawear maker Lululemon and Gap as good examples of how it can help to have clothes that are not sold elsewhere.

If a shopper wants to buy a Banana Republic or Nordstrom shirt from the latest season, they have to buy it either from their stores or online shop.

Discount retailers like Zappos, Amazon and others stock brand-name products, but the merchandise is often not from the current season or limited in colors and sizes.

“I don’t need to see if a television fits my body shape when I buy a TV,” said Joe Megibow, senior vice president of omni-channel e-commerce at American Eagle Outfitters. The teen clothes retailer has seen better sales than its peers over the past year.

“I can get a sense of the TV and I’m good. Clothing is different. Does it fit me, is it my style, do I like the quality of the material and how it is put together. There’s so much more with apparel that matters,” he said.

That is the part of the reason, analysts say, why online-only clothing companies like Bonobos and Gap’s Piperlime have started opening brick-and-mortar stores or tied up with retailers to sell their products in physical locations.

Choice and easy availability are the two most important aspects of shopping, especially during a holiday season that has lost steam after what looked like strong Thanksgiving sales.

Estelle Tran, an “impulsive” shopper in her twenties, agreed.

“If I want to buy books, tech items, DVDs, I would definitely buy online. For clothes, I would rather (visit stores) as it is also a fun experience to try on clothes,” said the Chicago-based finance auditor.

Tran said she would definitely check prices online if she was spending more than $ 100.

Luxury and high-priced items can be more susceptible to showrooming, because pricing is what drives the behavior, said Marshal Cohen, chief economist at the consultancy NPD Group.

“With electronics and certain consumer goods it is very easy to compare specific brands across multiple websites. But (showrooming is) happening and it will be growing. If a (clothes) retailer isn’t taking it seriously, they are going to fall behind,” said Bolette Andersen, principal in KPMG’s retail industry practice.

ROOM TO GROW

Some investors are betting on apparel stocks because of their relative insulation from the threat of showrooming.

While the S&P Apparel Index has returned a sizzling 27.71 percent year to date, according to Reuters data, far outperforming the S&P 500, which is up 14.80 percent, more gains may be coming.

“We still think there’s plenty of room to grow,” said Brian Peery, co-portfolio manager at Hennessy Funds. Its growth fund, heavily weighted in apparel and consumer discretionary goods shares, is up 30 percent over the year.

“As we look into the sector 12-18 months, we continue to buy the discretionary area. Two of our heaviest investments would be Foot Locker Inc and TJX Companies Inc,” he said.

Discount chains like TJX and Ross Stores, which sell branded clothes at low prices, have benefited from the surge in bargain-seeking shoppers.

Even the stocks of retailers like Gap and American Eagle that have staged or are staging turnarounds have gotten a good boost over the year. Gap has soared 69 percent and American Eagle is up 31 percent.

R. Shawn Neville, president of Avery Dennison retail branding and information solutions, said another reason that apparel and to a broader extent other consumer discretionary stocks do well is because of their sustainability.

“In uncertain times, investors look towards market segments that have strong underlying demand which are more stable, like the apparel industry,” Neville said.

Moreover, in times of economic uncertainty, shoppers can still afford clothes and shoes, as opposed to a new car, home, or expensive vacations, helping apparel stocks do well, he said.

“Though Amazon is clearly stealing some share in various categories, clothes retailers, say Abercrombie & Fitch isn’t going anywhere. They’re not being run out of the shopping mall,” said Esplanade’s Kravetz.

(Editing by Jeffrey Benkoe)

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Working-class neighborhood in Madrid wins “El Gordo” lottery

MADRID (Reuters) – Unemployed Spaniards in a highly indebted commuter town in the outskirts of Madrid celebrated with joy after sharing the top prize in “El Gordo“, the world’s biggest lottery.

The 200-year-old Christmas draw doled out more than 2.5 billion euros ($ 3.3 billion) in prizes, with a top individual prize of 4 million euros. The smallest ticket, known as a “decimo” wins a tenth of the prize and costs 20 euros.

Millions of Spaniards living through tough economic times had hoped to pocket part of “The Fat One” although spending in the Christmas lottery dipped heavily this year.

Winning in 2012 was particularly sweet, not just because Spain is suffering its second recession in three years and one in four of the workforce is jobless, but also because 2012 is the last year winners will pay no tax on their takings.

Spain’s centre-right government, which has introduced austerity measures this year to shrink its public deficit, ruled that from next year those who win over 2,500 euros will pay 20 percent to the state.

Javier Hernando, a middle-aged owner of a bar in Alcala de Henares, 35 km (20 miles) northeast of Madrid, said the prize would allow him to look at life differently, as European authorities press countries on the periphery of the euro zone to raise the age of retirement.

Luis, a 28-year-old unemployed electrician, said he would spend the money on buying a flat.

The lottery tickets are sold in thousands of official kiosks across Spain and local bars and shops often sell decimos. This year over 27 million individual prizes will be awarded.

The lottery, which dates back to 1812, is an important Christmas tradition in Spain, with many families, offices and bar regulars clubbing together to buy a full ticket for 200 euros.

Sales dipped 8 percent this year to 2.47 billion euros compared to a 0.5 percent drop in 2011.

“It is no wonder that sales have gone down taking into account the economic situation we are going through. We are in crisis, people are out of work and have no income,” said a spokeswoman for the National Lottery.

Those who did not win big in El Gordo can look forward to the El Nino lottery on January 6, or Epiphany, when Spaniards traditionally give presents to children. That lottery will award 840 million euros, though winners will have to pay tax. ($ 1 = 0.7555 euros)

(Reporting by Clare Kane and Jesus Aguado,; additional reporting by Iciar Reinlein and Silvio Castellanos; Editing by Stephen Powell)

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RIM shares dive as fee changes catch market off guard

(Reuters) – Shares of BlackBerry maker Research In Motion Ltd dropped 20 percent on Friday on fears that a new fee structure for its high-margin services segment could put pressure on the business that has set the company apart from its competitors.

The shares were still more than 80 percent above the year’s low, which was hit in September. They started to rally in November as investors began to bet that RIM’s long-awaited new BlackBerry 10 phones, to be launched in January, would turn the company around.

The services segment has long been RIM’s most profitable and accounts for about a third of total revenue. Some analysts said there was a risk that the fee changes could endanger its service ecosystem and leave the Canadian company as just another handset maker.

The fee changes, which RIM announced on Thursday after the close, overshadowed stronger-than-expected quarterly results. The company said the new pricing structure would be introduced with the BlackBerry 10 launch, expected on January 30.

RIM said some subscribers would continue to pay for enhanced services such as advanced security. But under the new structure, some other services would account for less revenue, or even none at all.

Chief Executive Thorsten Heins tried to reassure investors in a television interview with CNBC on Friday, saying RIM’s “service revenue isn’t going away”.

He added: “We’re not stopping. We’re not halting. We’re transitioning.”

Since taking over at RIM in January, Heins has focused on shrinking the company and getting it ready to introduce its new BB10 devices, which RIM says will help it claw back ground it has lost to competitors such as Apple Inc and Samsung Electronics.

But the news of the new services pricing strategy came as a shock to markets, and some analysts cut their price targets on RIM stock.

RIM will not be able to sustain profitability by relying on its hardware business alone, said National Bank Financial analyst Kris Thompson, whom Thomson Reuters StarMine has rated the top RIM analyst based on the accuracy of his estimates of the company’s earnings.

Thompson downgraded RIM’s stock to “underperform” from “sector perform” and cut his price target to $ 10 from $ 15.

Forrester Research analyst Charles Golvin said the move was likely about stabilizing market share: “At the moment, they need to stem the bleeding.”

He said the tiered pricing might line up better with RIM’s subscriber base as it expands in emerging economies.

RIM’s Nasdaq-listed shares were down 19.8 percent at $ 11.32 on Friday afternoon. The stock was down 19.6 percent to C$ 11.21 on the Toronto Stock Exchange.

COUNTDOWN TO LAUNCH

The success of the BB10 will be crucial to the future of RIM, which on Thursday posted its first-ever decline in total subscribers. Heins said on CNBC that the company expected to ship millions of the new devices.

He cautioned that this will require heavy investment, which will reduce RIM’s cash position in its fourth and first quarters from $ 2.9 billion in its fiscal third quarter. He said, however, it would not go below $ 2 billion.

Still, doubts remain about whether RIM can pull off the transformation. Needham analyst Charlie Wolf said the BB10 would have to look meaningfully superior to its competitors for RIM to stage a comeback.

Canaccord Genuity analyst Michael Walkley said it was highly unlikely that the market would support RIM’s new mobile computing ecosystem, and he remained skeptical about the company’s ability to survive on its own.

“We believe RIM will eventually need to sell the company,” said Walkley, who cut his price target on RIM shares to $ 9 from $ 10.

Baird Equity Research analysts said BB10 faced a daunting uphill battle against products from Apple, as well as those using Google Inc’s Android operating system, and, increasingly, phones with Microsoft Corp’s Windows 8 operating system.

Baird maintained its “underperform” rating on the stock, while Paradigm Capital downgraded the shares to “hold” from “buy” on uncertainty around the services revenue model.

“RIM has gone from having one major aspect of uncertainty – BlackBerry 10 adoption – to two, given an uncertain floor on services revenue,” William Blair analyst Anil Doradla said.

RIM will have to discount BB10 devices significantly to maintain demand, Bernstein analyst Pierre Ferragu said.

The BlackBerry, however, still offers the security features that helped it build its reputation with big business and government, a selling point with some key customers.

Credit Suisse maintained its “neutral” rating on the stock, but not because it expected BB10 to be a big success.

“Only the potential for an outright sale of the company or a breakup keeps us at a neutral,” Credit Suisse analysts said.

Separately on Friday, ailing Finnish mobile phone maker Nokia said it had settled its patent dispute with RIM in return for payments. Nokia did not disclose detailed terms, but said the deal included a one-time payment to be booked in the fourth quarter, as well as ongoing fees, all to be paid by RIM. [ID:nL5E8NL22K]

($ 1=$ 0.98 Canadian)

(Reporting by Chandni Doulatramani in Bangalore and Allison Martell in Toronto. Additional reporting by Sinead Carew in New York; Editing by Ted Kerr, Dale Hudson, Janet Guttsman,; Lisa Von Ahn and Peter Galloway)

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