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.

  • @[email protected]
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    185 months ago

    Am I correct in seeing this as the company is claiming that courts of law cannot require them to transfer control of an account from one user to a different user? This despite the fact that doing so has been fairly standard practice for years now?

    Personally, I think the lawyers for The Site Previously Known As Twitter have a very weak argument. However, I am not a lawyer and this is not legal advice, so there’s also that.

  • VodkaSolution
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    25 months ago

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

  • @[email protected]
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    115 months 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.

    • NιƙƙιDιɱҽʂ
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      115 months ago

      He’s probably experiencing the unimaginable levels of stress he himself once imposed on many people with his platform in the past. Good riddance.

    • @[email protected]
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      5 months ago

      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 :)

  • @[email protected]
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    95 months ago

    Interesting that it’s the same web3 proponents that are the first to say they own your entire digital identity and you have to like it

      • @[email protected]
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        13 months ago

        Musk, people still on twitter. It’s absolutely rife with crypto people. And here musk is, stating before courts that he owns your account. I’m sure it works out great for him!

  • @[email protected]
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    5 months ago

    To make sense of this: Infowars is a social media company (uses X account as platform)?

    • @[email protected]
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      125 months ago

      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.

  • @[email protected]
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    2875 months ago

    So if x has superior ownership, then they should be subject to every illegal thing ever posted on X.

    Including CSAM posts and other illegal things.

    So whos the pedo now Elon?

    • Maven (famous)
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      195 months ago

      Hilariously, trump wants to remove the law that says you can’t hold platforms legally at fault for their users. Once that gets repealed, this is a genuine argument. (As far as I know… I’m not a lawyer but that’s my interpretation)

      • @[email protected]
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        45 months ago

        This should be removed (maybe amended so it no longer would apply to corporations, it was originally intended to community sites like forums, Usenet etc).

        Though if they would make this change, it likely will make it even worse.

    • @[email protected]
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      245 months ago

      The judge should say, fine if you want legal precedent that you are the superior owner I’ll give it to you, case closed. Now you will have to respond for every singles illegal thing posted on there since you are the owner.

    • @[email protected]
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      475 months ago

      Especially if the claim ownership of the Infowars account. They should be added to the debtors for the Sandy Hook families.

    • @[email protected]
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      645 months ago

      So whos the pedo now Elon?

      I won’t ever get over him larping as a child and tweeting as if he’d want himself as a father.

    • @[email protected]
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      345 months ago

      Same as the Companies are People bs. They’re people when it comes to bribing politicians, but they have money and are not responsible for evils committed by their companies.

  • @[email protected]
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    75 months 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!?

  • DigitalDilemma
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    65 months ago

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

    • @[email protected]
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      75 months ago

      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.

      • @[email protected]
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        15 months ago

        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.

  • @[email protected]
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    95 months 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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      25 months 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?

  • @[email protected]
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    1515 months 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.

    • @[email protected]
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      55 months 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.

      • @[email protected]
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        5 months 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.

    • @[email protected]
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      495 months 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
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      435 months 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.

      • katy ✨
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        305 months ago

        elon just admitted in court that he owns multiple accounts dedicated to sharing csam on the internet.

  • TooManyFoods
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    65 months 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.

  • @[email protected]
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    1045 months ago

    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.

    • @[email protected]
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      375 months ago

      Please let this happen. It’d be fucking hilarious to watch the rat try to squirm out of xitter losing him even more money.

      • Spiritsong
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        355 months ago

        This I don’t trust the US legal system but it’ll be very funny if the Sandy Hook parents win.

  • JWBananas
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    205 months ago

    Fine, let them keep it. Just sue them for trademark infringement if they ever use it.