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.

  • Ledivin@lemmy.world
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    25 days ago

    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.

    • Corkyskog@sh.itjust.works
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      25 days ago

      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.

    • ME5SENGER_24@lemmy.world
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      25 days ago

      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.

    • onnekas@sopuli.xyz
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      25 days ago

      I don’t know much about law but I assume that you can also be liable for things you don’t own.

      If I rent a car I don’t own it but I’m in full control of it so I’m fully responsible if I break any laws with this car.

      I think one could argue in a similar way for Xitter accounts.

      • Ledivin@lemmy.world
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        25 days ago

        You could argue that, sure, but their defense of that has already been established and accepted - effectively that the “town square” cannot be liable for the speech of people in it… but if Twitter fully owns all accounts, then the people in the square ARE twitter.