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 X owns all of the accounts, then it sounds like they should be liable for all of the speech from those accounts. I hope people jump on this.
You nailed it on the head—if X owns all X accounts, then X should absolutely be held liable and named as codefendants in all past and future litigation where content posted on X is used in the suit. By asserting ownership over the accounts, X is effectively taking on a level of responsibility for the platform’s use and misuse, akin to how a publisher is held liable for the content it distributes.
This raises serious implications for legal accountability. If X claims ownership, they are asserting control, and with control comes liability. They can’t just cherry-pick the benefits of owning the accounts (like monetization, data, and influence) without accepting the risks, including being dragged into lawsuits where harmful, defamatory, or illegal content originates from their platform.
It would also set a precedent for greater accountability in tech. Platforms often hide behind Section 230 protections to dodge responsibility, but if they step forward and say, ‘We own the content or accounts,’ then they lose the shield of neutrality and should face the consequences accordingly. It’s a slippery slope that X might regret going down if this theory gains traction in courtrooms.
It’s a stupid thing to do anyway. Now every other corporation that uses Xitter as a social marketing tool just got reminded that their account is essentially valueless as it can be removed from them at his whim.
This !!! We need this
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.
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!?
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.
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.
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?
CEO must be the easiest job in the world because so many of those fuckers have more than one.
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?
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.
oligarchic
kleptocracycryptocracyFFY
i hope elon musk dies
I hope it’s from explosive diarrhea and in public, and he’s aware of it every minute, and confused and embarrassed. That’s the important bit, that he goes confused. I want the last spark of chemistry in that shitheels’ brain to be devoted to the utterly failed grasping of his situation.
I love it that we can say this here unlike the other place where you would have gotten temp banned for this.
If he wanted to save a right wing shitbird’s stuff so badly, why didn’t he buy it?
My guess?
He’s far less concerned about the specifics of this situation and far more concerned about what happens if/when his Twitter is host to something horrible enough that people are calling for his head, and/or he is wanting to sell…or being pressured to sell Twitter…but there’s something specific he wants to stipulate in that transaction that a precedent set here might fuck up.
I think he’s going entirely the wrong way then.
If he owns all accounts he’s responsible for all accounts, right?
He should have just let it go.
This is grounds for the immediate dismantling of twitter.
Musk too
To make sense of this: Infowars is a social media company (uses X account as platform)?
Infowars was/is a media company, Alex Jones’ show was on TV and online.
They are known for peddling and creating far right conspiracy theories, and because of this were often banned from social media websites for breaking their Terms of Service.
Because Elon is a right-wing conspiracy theorist who likes Alex Jones, he unbanned infowars from Twitter when he(Elon) bought it.Inforwars was recently sued into the ground because of the claims he made to his audience about the victims of school shootings and their families. Because of this, he was ordered to have his assets liquidated.
The Onion (a satirical news/comedy website) won the bid for Inforwars and its assets, and Elon isn’t a fan of this, so he’s trying to not allow The Onion access to the Inforwars Twitter account.
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.
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.
Please let this happen. It’d be fucking hilarious to watch the rat try to squirm out of xitter losing him even more money.
Xitter is basically state media at this point. MAGA media, if you prefer, as run by the preferences of President Musk.
if they own the accounts, that means they arent protected by section 230 and is liable for every illegal thing that is posted?
Removed by mod
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
I’d be okay not owning my social media account if these parasites would stop thinking they’re entitled to my privacy and sensitive information.
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
That’s why you middle-click all off-site links.
They said in-app browser I imagine they’re on mobile
Long press, open in background.