Editor's take: This legal battle unfolds against a backdrop of increasing scrutiny of social media platforms and their influence on public discourse. This case could reshape our understanding of what it means to "own" a social media account in the digital age. In a new and unexpected chapter of the ongoing InfoWars saga, Elon Musk's X platform has thrown a legal curveball, asserting ownership over user accounts in a bid to block their transfer to satirical news outlet The Onion.
X has filed a limited objection to the sale of InfoWars, the controversial media platform run by conspiracy theorist Alex Jones, to The Onion. While not opposing the sale in principle, X argues that users do not own their accounts and cannot sell or transfer them without the platform's explicit permission.
"X Corp.'s TOS [terms of service] make clear that it owns the X Accounts, as the TOS is explicit that X Corp. merely grants its users a non-exclusive license to use their accounts," the company stated in a filing to a federal court in Texas, which 404 Media later published online.
"Regardless of the accounts' use, X Corp. is plainly the owner of the X Accounts and the Services, and the Trustee cannot sell, assign, or otherwise transfer what it does not own or have an interest in."
This legal maneuver comes in the wake of InfoWars being put up for bankruptcy auction after Jones was ordered by a federal court to pay $1.5 billion to relatives of victims of the 2012 Sandy Hook school massacre, following his false claims about the tragedy being a "hoax."
The Onion announced its acquisition of InfoWars earlier this month, but the deal is currently on hold pending a court hearing next month. The delay comes after objections were raised by Jones and a losing bidder, First United American Companies (FUAC), which is affiliated with Jones's dietary supplements business.
Jones and FUAC have accused the trustee overseeing the auction, Christopher Murray, of colluding with The Onion and the Sandy Hook families. Murray has vehemently denied these allegations, describing them as a "desperate attempt" to delay the sale.
This assertion of control over user accounts isn't entirely new for the platform. Elon Musk has previously demonstrated X's authority by taking over the dormant @america handle to promote his pro-Donald Trump super political action committee during the presidential election.
X's legal stance raises significant questions about digital ownership and user rights on social media platforms. The company insists it's not claiming ownership of the content within the accounts, but rather control over the accounts themselves.
"While X Corp. takes no position as to the sale of any Content posted on the X Accounts, X Corp. is the sole owner of the Services being sold as part of the sale of the X Accounts," the social media company said in its court filing.
This position challenges the common practice of transferring social media accounts when brands are sold, potentially setting a precedent for future digital asset transactions. The outcome of this case could have far-reaching implications for user rights, digital asset ownership, and the future of social media platforms.
Elon Musk's X claims ownership of user accounts in InfoWars sale dispute with The Onion
