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.

  • @LovableSidekick@lemmy.world
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    1 day ago

    Maybe it’s just me but my reaction is “Yeah duh.” Social media sites aren’t personal repositories for your thoughts. You’re a contributor. Your posts and comments are contributions, as in fly free little bird, bye-bye. There’s no notion of having a proprietary claim on what you type. And this opinion isn’t about X or any particular platform, it’s how I felt since the days of Fark and 1990s newsgroups. I really don’t know how this is a controversy or a reason to feel affronted or bothered. If you want to own and control your material, start a blog on a service that lets you retain copyright.

  • @skozzii@lemmy.ca
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    101 month ago

    Musk is not American, he is here to profit off America and does care what happens to it.

    If he bleeds the country dry and ruins the country he will just leave while the rest of us are stuck here

    MUSK is not American. Be warned.

    • sunzu2
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      11 month ago

      Global capital has no loyalty… game 101 tbh

      When the war comes, it will be the pedons doing the “defending of property rights”

      Prime example: Russo-Ukrainian war, where are all the daddies when property needed to defended?

  • @MimicJar@lemmy.world
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    171 month ago

    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?

    • JohnEdwa
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      1 month ago

      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 :) ?

      • @MimicJar@lemmy.world
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        101 month ago

        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).

    • @Grimy@lemmy.world
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      21 month ago

      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.

    • @booly@sh.itjust.works
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      1 month ago

      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.

  • VodkaSolution
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    21 month ago

    If he was an US citizen, I would almost panic - sorry guys, love your country but…

  • @chiliedogg@lemmy.world
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    551 month ago

    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.

    • @Aeao@lemmy.world
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      21 month ago

      And I think the onion could sue for copyright infringement or something to at least close the accounts.

  • sunzu2
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    -31 month ago

    God damn… modern contract law is a fucking giga chad of the jurisprudence.

    ToS is the GOAT, anything goes if ToS says it, plebs!

    • @supersquirrel@sopuli.xyz
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      1 month ago

      lol why though?

      Why not just blindly put your trust in the investors behind Bluesky not to screw you over? Every case of that kind of thing happening is in the past and I am looking to the future which looks bright and blue!

  • TooManyFoods
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    61 month ago

    But then musk would be violating the lease with free speech systems because Jones is no longer the one who owns free speech systems.

  • @asteriskeverything@lemmy.world
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    281 month ago

    I’m still reading but ffs- I click ONE x.con source and my in app browser makes me hit back 5 times just to get to lemmy again nothing else pulls that shit but maybe daily news level

  • @rivenb@lemmy.world
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    71 month ago

    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!?

  • @maevyn@lemmy.blahaj.zone
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    421 month ago

    This really conflicts with the idea that, as platforms, websites are not legally liable for the content their user’s produce. At least at a high level, it feels like those two should be mutually exclusive. If X owns all of the accounts on its site, it should be legally liable for all of them. If X is not legally liable, it should imply some amount of individual ownership.

    Like, yes federation is better and we should be pushing for it, but also, we should be trying to push for better regulation of incumbent social media platforms too if we can. Seems unlikely but we can try.

    • @Rekorse@sh.itjust.works
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      81 month ago

      If they are worth saving at all. Social media is a poor replacement for real human connection.

      Those companies are just taking advantage of how isolated and lonely people in general are.

      Its social heroin.

  • @piskertariot@lemmy.world
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    121 month ago

    You own what is on your machine, that you save locally.

    Some companies believe they control the internet, but they do not. They control what is on the computers they own, that they save locally. Sometimes that is information that users have shared. That is their choice.