It's odd. The vast majority of Instagram users seem to leave their accounts open to the public - more so that most photo-sharing services I've used in the past. Instagram presumably has business relationships with all sorts of entities. And Instagram has APIs allowing users to access the data exposed by these public galleries. It seems the pieces are already in place for a 3rd party to enter into a business relationship with Instagram to pay for access to the data contained in their users photos. Why were the new terms even necessary?