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.
if they own the accounts, that means they arent protected by section 230 and is liable for every illegal thing that is posted?
No but see also not that.
I wonder how this will play out.
The corporate courts are on their way, chummer.
Fine, let them keep it. Just sue them for trademark infringement if they ever use it.
Does this mean X is discarding its neutrality under section 230?
No, completely hypocritical filings that argue completely opposite political stances depending on how favorable it is to them is a hallmark of everyone involved in this administration.
Why does this surprise anyone? Doesn’t anyone know what terms of service are? This place is the same way.
The fediverse is very different. Every valuable account will have its own instance and abide by its own rules
Xitter is basically state media at this point. MAGA media, if you prefer, as run by the preferences of President Musk.
X is a cesspool.
Look around man. Half the country drank lead ladened koolaid and became drooling, hate-filled sycophants. The other half fought for keeping people safe and still 15million of that portion were apathetic to the cause.
What does that have to do with what I said?
X is just a small sample of the problem as a whole.
Wow, Alex Jones looks like he aged 15 years in the past few months.
Good.
He’s probably experiencing the unimaginable levels of stress he himself once imposed on many people with his platform in the past. Good riddance.
Maybe he will age really fast up to the end of life period where he enters into immense pain and suffering but then just gets stuck their excruciatingly for years while everyone around him abandons him because he is a hateful piece of trash.
Probably not but one can hope, especially when it brings a smile to your face :)
I can’t wait for the Texas and Connecticut families to file a motion to make X liable for the $1.5b too, since they own the Infowars account it’s their responsibility.
Please let this happen. It’d be fucking hilarious to watch the rat try to squirm out of xitter losing him even more money.
Can’t have a safe harbor and ownership.
This I don’t trust the US legal system but it’ll be very funny if the Sandy Hook parents win.
in that case, it sounds to me like the Sandy Hook families should be able to sue X for another 1.6 billion for allowing its accounts to be used to defame and threaten the families.
And I think the onion could sue for copyright infringement or something to at least close the accounts.
Ok, Elon can have the account. The rest of the stuff goes to The Onion. lol
And Jones is legally banned from using Twitter/X.
Elmo shills for a fuckfaced bastard who harasses families. Why do people buy his shit? Why do governments give him money? Why can’t we make this motherfucker irrelevant!?
Classic not a lawyer but the terms of service say,
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license cannot be assigned, gifted, sold, shared or transferred in any other manner to any other individual or entity without X’s express written consent.
(Emphasis mine)
Twitter accounts are commonly shared by many individuals and I guarantee they do so without written consent. Does that invalidate/bring into question the whole clause or just the sharing part?
I don’t see why it would invalidate anything. Companies can enforce their terms at their own discretion. It’s not like a trademark where they lose it if they don’t use it.
So Musk wants to take it to court that no accounts on X can be run by a team, only the person who made them, and they can’t be transferred.
I wonder who owns @/POTUS then, some random whitehouse intern from almost two decades ago? What about @/Tesla and @/SpaceX, has he received written permission for them :) ?
My understanding is that it’s the transfer clause he is focusing on. It’s just not clear to me that violating one part of the clause doesn’t bring the rest into question.
In the cases of POTUS, Tesla, SpaceX, etc it is certainly possible written permission has been given (although I agree not likely).
Contracts can be modified by the bankruptcy code.
In 11 U.S.C. § 365(f)(1):
Except as provided in subsections (b) and © of this section, notwithstanding a provision in an executory contract or unexpired lease of the debtor, or in applicable law, that prohibits, restricts, or conditions the assignment of such contract or lease, the trustee may assign such contract or lease under paragraph (2) of this subsection.
So any continuing contract in which there are obligations on both sides, such as a premium account where the accountholder pays a fee and the service provider continues providing access to the service, is assignable in a bankruptcy, even if the contract itself says it’s not assignable.
There’s a few other bankruptcy principles at play, but that’s the main one that jumps out at me.
There’s also a classic case where the bankruptcy trustee can sell a bankruptcy debtor’s Pittsburgh Steelers season tickets, including the right to renew for the next year on the same terms as all other season tickets holders. Just because the season tickets are revocable by contract doesn’t mean that the team has the right to exercise that revocation against a bankruptcy debtor just because they don’t like what’s happening in the bankruptcy.
How will Musk manage all the conflicts of interest, between all of his companies and assets and his role in government. His business interests are so large and diverse that it literally can’t be done, can it? Already got the sense that the US is going down the path of oligarchic kleptocracy. But how shameless and out in the open will it be?
oligarchic
kleptocracycryptocracyFFY
A very big conflict of interest is tariffs on Canada/Mexico auto sectors that would significantly diminish his Tesla competition.
He helped Trump get elected, Trump owes him favours now. Game 101
Also, everybody was mocking him about “losing money” on twatter… who is laughing now, idiots.
Just because you are too stupid to understand the play, does no make you smart ;)
The big 3 automakers getting kicked out of the oligarch club, is a recipe to destroy NA economy for the benefit of Tesla. Canada looking to China as path to survive is path to having a war on Canada. Canada just sitting there and dying isn’t good for US either, but hopefully our oligarchs are saved by buying up cheap resources.
CEO must be the easiest job in the world because so many of those fuckers have more than one.
And they have so much time to shitpost on Xitter
Simple: he doesn’t.
In his mind the government needs to be run like a business, and in business only profit matters, therefore there is no conflict of interest. Also it is becoming clear that laws are completely irrelevant now and no matter the accusation, they will put YOU in jail because they got the power.
That’s the strange thing, it’s completely open with tons of news outlets constantly calling it out, not an “taboo secret” like of like old facist governments. And in all liklihood, it will stay that way.
The filter bubble and American apathy is just that powerful, I guess?
I just finished reading Amusing Ourselves to Death. In it Neil Postman explains the apathy you mention in a way that I found very convincing. Although the book is from 1985 it’s as relevant as ever, perhaps even more so given our current media climate. It’s worth a read, though I would advise reading Brave New World in advance.