On Monday, X filed an objection in The Onion’s bid to buy InfoWars out of bankruptcy. In the objection, Elon Musk’s lawyers argued that X has “superior ownership” of all accounts on X, that it objects to the inclusion of InfoWars and related Twitter accounts in the bankruptcy auction, and that the court should therefore prevent the transfer of them to The Onion.

The legal basis that X asserts in the filing is not terribly interesting. But what is interesting is that X has decided to involve itself at all, and it highlights that you do not own your followers or your account or anything at all on corporate social media, and it also highlights the fact that Elon Musk’s X is primarily a political project he is using to boost, or stifle, specific viewpoints and help his friends. In the filing, X’s lawyers essentially say—like many other software companies, and, increasingly, device manufacturers as well—that the company’s terms of service grant X’s users a “license” to use the platform but that, ultimately, X owns all accounts on the social network and can do anything that it wants with them.

“Few bankruptcy courts have addressed the issue of ownership of social media accounts, and those courts that have were focused on whether an individual or the individual’s employer owned an account used for business purposes—not whether the social media company had a superior right of ownership over either the individual or the corporation,” Musk’s lawyers write.

The case Musk’s lawyers are referencing here is Vital Pharm’s bankruptcy case, in which a supplement company filed for bankruptcy and the court decided that the Twitter and Instagram accounts @BangEnergyCEO, which were primarily used by its CEO Jack Owoc to promote the brand, were owned by the company, not Owoc. The court determined that the accounts were therefore part of the bankruptcy and could not be kept by Owoc.

Except in exceedingly rare circumstances like the Vital Pharm case, the transfer of social media accounts in bankruptcy from one company to another has been routine. When VICE was sold out of bankruptcy, its new owners, Fortress Investment Group, got all of VICE’s social media accounts and YouTube pages. X, Google, Meta, etc did not object to this transfer because this sort of thing happens constantly and is not controversial. (It should be noted that social media companies regularly do try to prevent the sale of social media accounts on the black market. But they do not usually attempt to block the sale of them as part of the sale of companies or in bankruptcy.)

But in this InfoWars case, X has decided to inject itself into the bankruptcy proceedings. Jones has signaled that Musk has done this in order to help him, and his tweet about it has gone incredibly viral. On a stream of his show after the filing, Jones called this “a major breaking Monday evening news alert that deals with the First Amendment and the people’s fight to reclaim our country from the clutches of the globalists.”

"Elon Musk X Corp entered the case with a lawsuit within it to defend the right of X to not have private handles of people like Alex Jones stripped away. It violates the 13th Amendment against slavery, there are many issues. Today they filed a major brief in the case,” Jones said. “Elon Musk’s X comes to Alex Jones’ defense against democrat attempts to steal Jones’ X identity.”

Musk famously unbanned Jones, then appeared on the same Twitter Spaces broadcast with him. Musk has also tweeted occasionally that he believes The Onion is not funny. Jones, meanwhile, has been ranting and raving about some sort of conspiracy that he believes led a judge via the Deep State to sell InfoWars to The Onion at auction.

X calls itself “the sole owner” of X accounts, and states that it “does not consent” to the sale of the InfoWars accounts, as doing so would “undermine X Corp.’s rightful ownership of the property it licenses to Free Speech Systems [InfoWars], Jones, or any other account holder on the X platform.” Again, X accounts are transferred in bankruptcy all the time with no drama and with no objection from X.

“Looming over the framework [in the Vital Pharm case] was the undeniable reality that social media companies, like X Corp., are the only parties that have truly exclusive control over users’ accounts,” the lawyers write. “X CORP. OWNS THE X ACCOUNTS.”

That a corporate social media company says it owns the social media accounts on its service is probably not surprising. Meta, Twitter, Google, LinkedIn, and ByteDance have run up astronomical valuations by more or getting people to fill their platforms with content for free, and have created and destroyed countless businesses, business models, and industries with their constantly-shifting algorithms and monetization strategies. But to see this fact outlined in such stark terms in a court document makes clear that, for human beings to seize any sort of control over their online lives, we must move toward decentralized, portable forms of social media and must move back toward creating and owning our own platforms and websites.

100 points

It violates the 13th Amendment against slavery

Uh?

permalink
report
reply
48 points

Just hollering bullshit, because in the past if he did that louder and longer it worked for jones.

permalink
report
parent
reply
185 points
*

What the actual fuck?! Just that first paragraph!

On Monday, X filed an objection in The Onion’s bid to buy InfoWars out of bankruptcy. In the objection, Elon Musk’s lawyers argued that X has “superior ownership” of all accounts on X, that it objects to the inclusion of InfoWars and related Twitter accounts in the bankruptcy auction, and that the court should therefore prevent the transfer of them to The Onion.

So they argue that accounts are non transferable, even by court order!!
This is complete bullshit, and should not be taken seriously at all as a legal argument, obviously X has the right to close the accounts afterwards, if they are operated against the terms X has decided. But ONLY if that. It should not be allowed to do it arbitrarily.

permalink
report
reply
92 points

Not non-transferrable, as that would prevent Elon from claiming @america or the transfer of @POTUS.

permalink
report
parent
reply
58 points

All animals are equal, but some animals are more equal than others.

permalink
report
parent
reply
36 points

Or @X

Or a whole bunch of usernames, for that matter: Elon Musk’s X Has Started Selling Off Old Twitter Handles For Upwards Of $50,000

permalink
report
parent
reply
9 points

Hah!!

Ooh, it’s behind a paywall. Do you mind sharing the list please? Gets popcorn

permalink
report
parent
reply
20 points

You are naive, if you really think that the law still applies to people in Trump’s near proximity.

permalink
report
parent
reply
12 points

I think the entire reason they’re doing this is to set the precedent that they can defy court orders.

permalink
report
parent
reply
27 points
*

What the onion could do in such case that elon does not want to give the accounts as part of the deal is to send a letter threatening legal action if they do not take down the accounts for infringing on their InfoWars trademark

permalink
report
parent
reply
7 points

Oh I like this

permalink
report
parent
reply
20 points

Who owns your outlook.com account? Who owns your gmail.com account? I will give you a guess it is the company that owns the domain to the right of the @.

permalink
report
reply
18 points

I’m not sure why everyone is shocked. This has been the case since the beginning of the public Internet. It’s their servers, their infrastructure, and everyone should have been completely aware that we are giving them content for free. I was never under any other impression, even back when I was using Usenet and IRC. That’s why I don’t post anything on social media I truly care about retaining ownership over.

permalink
report
parent
reply
2 points

Hey, what’s your social security number, real quick! Don’t even think about it! Just post it!

permalink
report
parent
reply
3 points

632-44-8625!

permalink
report
parent
reply
2 points
*

But you own the goodwill and trademarks associated with what’s on the left of it.

Similarly, when people sell a business they sell the clients. It stands to reason that the followers can be like clients and should be transferred in the same way as in normal business sales.

permalink
report
parent
reply
2 points

X can’t reuse the inforwars account due to the trademark, but they are also not required to transfer ownership or continue providing access to that account.

permalink
report
parent
reply
5 points

True, but I think it’s pretty clear what they’re trying to actually do which is just to keep control of the account and use it.

permalink
report
parent
reply
30 points
*

I don’t disagree but I’d say that there’s a more important lesson here: The concept of ownership is mediated by a legal system that gives the wealthy a special pass. Rich people can pay lawyers to make up concepts like “superior ownership” 'til the cows come home, and any subsequent precedent costs $600/hr to even access. None of us should feel secure under this system about our online lives or our fucking houses, even if we “own” them.

permalink
report
reply
11 points
*

Concepts like “fair”, “balanced”, and “democracy” can not exist under Capitalism, because money is speech and power, and the small elite who control thousands/millions more capital than average control everything thousands/millions times more than average.

permalink
report
parent
reply
5 points

I entirely agree with your main point.

Aside from that, the concept of “superior ownership” isn’t something made up any time recently. It’s the notion that there are different types of ownership and some of them take priority over others.
For example, if I have a watch, A steals the watch from me and sells it to you, and then B steals the watch from you, you, me and B all have a claim to it.
B possesses the watch so you need to prove they stole it to show you have a superior claim to ownership. You can show that you bought the watch fair and square from A, which means it looks like your claim is valid, but because it was stolen from me in the first place I have the best claim.

It’s not a rich person making up a new legal principle, it’s a rich person trying to use their money and lawyers to buy an outcome because they don’t like one of the parties.

permalink
report
parent
reply
1 point
*

My point wasn’t that in this specific case they made up “superior ownership,” but rather that it was made up as a legal concept at some point in the past, probably by lawyers working for rich people, and it’ll probably never matter to you and me. Like so many legal concepts, it is reasonable, but only rich people can really access it, and, at this point, there are so many of them that they will always have one ready to go when it suits them.

permalink
report
parent
reply
1 point

I disagree on this specific one. It’s not an incredibly esoteric concept and is part of every legal dispute involving ownership of anything. It’s legalese for “they don’t own it, I own it”.

permalink
report
parent
reply
6 points

If this was just about the X/Twitter accounts, then X could just suspend them.

permalink
report
reply

Technology

!technology@lemmy.world

Create post

This is a most excellent place for technology news and articles.


Our Rules


  1. Follow the lemmy.world rules.
  2. Only tech related content.
  3. Be excellent to each another!
  4. Mod approved content bots can post up to 10 articles per day.
  5. Threads asking for personal tech support may be deleted.
  6. Politics threads may be removed.
  7. No memes allowed as posts, OK to post as comments.
  8. Only approved bots from the list below, to ask if your bot can be added please contact us.
  9. Check for duplicates before posting, duplicates may be removed

Approved Bots


Community stats

  • 15K

    Monthly active users

  • 13K

    Posts

  • 566K

    Comments