• ATQ@lemm.ee
    link
    fedilink
    English
    arrow-up
    88
    arrow-down
    4
    ·
    1 year ago

    You’ve got to assume that Twitter can revoke any users access at any time for any reason under its existing terms and conditions. This is a predictable douche move by Musk but the original account holder very likely has zero recourse.

    • joe@lemmy.world
      link
      fedilink
      English
      arrow-up
      59
      arrow-down
      3
      ·
      1 year ago

      The article quotes the TOS that give only one reason why a person might lose their twiX handle, and it’s not “Elon Musk wants it”, so there’s probably going to be a line of lawyers wanting to take this case.

      They should have at least offered to give him the twitter handle. haha

      • KoboldCoterie@pawb.social
        link
        fedilink
        English
        arrow-up
        30
        arrow-down
        5
        ·
        edit-2
        1 year ago

        TOS aren’t legally bindingTOS aren’t always legally binding, and they’re a private company, appropriating an account stored on their private servers for their own service only. There’s no legal standing There’s probably no legal standing to do anything about this. It’s just shitty and immature, not illegal.

        (Technically, the TOS even says they can take accounts for trademark violations, and since Meta owns the trademark on the use of ‘X’, clearly they’re just taking it so they can give it to Meta and help them enforce their trademark.)

        Edit: Correcting misleading blanket statement

        • joe@lemmy.world
          link
          fedilink
          English
          arrow-up
          12
          arrow-down
          2
          ·
          1 year ago

          Source on them not being legally binding? They have a mixed track record but I’ve never seen anyone flat out say they aren’t legally binding. Sometimes they are; sometimes they are not.

          I am no lawyer, but I’m pretty sure that something pre-dating the trademark is grandfathered in. Hence why Steam uses steampowered.com and not steam.com

          • BraveSirZaphod@kbin.social
            link
            fedilink
            arrow-up
            6
            arrow-down
            2
            ·
            1 year ago

            Don’t you love it when people just make grand statements about law with zero evidence or sourcing to back it up?

            Apparently, if I don’t pay my bills, utility companies can’t actually do anything because terms aren’t legally binding. Who knew!

            • Chozo@kbin.social
              link
              fedilink
              arrow-up
              5
              arrow-down
              1
              ·
              edit-2
              1 year ago

              Bad example, because utility bills usually are legally binding, as utilities are often subsidized by local governments.

              • BraveSirZaphod@kbin.social
                link
                fedilink
                arrow-up
                6
                ·
                1 year ago

                Utility bills aren’t binding because they’re subsidized. They’re binding because they are contracts, and contract law is a thing that exists.

                It’s a complicated thing and there are many restrictions and conditions on what makes a valid contract and what kinds of things are and aren’t allowed. Many Terms of Service violate contract law and thus wind up not being enforceable, but it is absolutely not correct to say that Terms of Service are in general not binding.

          • KoboldCoterie@pawb.social
            link
            fedilink
            English
            arrow-up
            3
            arrow-down
            1
            ·
            1 year ago

            Looks like they’re binding if they follow very specific criteria; I don’t know if TwitterX’s qualify, but I’ll accept that my above statement is probably wrong.

            That said, they do have a carveout for trademark violations which technically this is, because X is trademarked, just not by Twitter.

            • joe@lemmy.world
              link
              fedilink
              English
              arrow-up
              3
              ·
              1 year ago

              X is trademarked, just not by Twitter

              This stance is only valid if Twitter gave the handle to one of those other x-trademarks, and probably only if one of them demanded it.

          • Zeppo@sh.itjust.works
            link
            fedilink
            English
            arrow-up
            1
            ·
            1 year ago

            It’s also specifically about a trade. If I had a vitamin company called X and a vacuum cleaner company called steam, neither of those companies could legally have anything to say about it.

        • DrM@feddit.de
          link
          fedilink
          English
          arrow-up
          3
          ·
          1 year ago

          TOS aren’t legally binding only when they are not compliant with existing laws! For example when a hotel says in it’s TOS “we can murder you in your sleep” that is not binding, but when they say “we can expell you for wearing a pink polo shirt” that is legally binding

          • Zeppo@sh.itjust.works
            link
            fedilink
            English
            arrow-up
            3
            ·
            1 year ago

            I had a landlord who had a really hard time understanding that state law specified what was legal for them to put in a rental contract, and that if someone signed a contract with illegal provisions, they were not bound to follow it.

            • Aimhere@midwest.social
              link
              fedilink
              English
              arrow-up
              1
              ·
              1 year ago

              I have to wonder whether Musk knew Meta had the trademark, and intentionally used it in order to rile them up.

              … Nah, that would require actual planning on his part.

              • Zeppo@sh.itjust.works
                link
                fedilink
                English
                arrow-up
                2
                ·
                1 year ago

                He thinks that lawsuits are great publicity. Plus he apparently has some sort of psychological defiance disorder, so he would love to say “oh yeah? Make me!”

          • quindraco@kbin.social
            link
            fedilink
            arrow-up
            4
            ·
            1 year ago

            Microsoft and Meta both own trademarks on the letter X. Trademarks are always context-sensitive, meaning multiple entities can trademark the same sequence of letters in different contexts.

        • pulaskiwasright@lemmy.ml
          link
          fedilink
          English
          arrow-up
          1
          arrow-down
          1
          ·
          1 year ago

          Your first sentence is so unbelievably and obviously wrong that you there’s no way we should trust any of your other thoughts on the matter. You clearly have no idea what you’re talking about.

      • Candelestine@lemmy.ca
        link
        fedilink
        English
        arrow-up
        5
        ·
        1 year ago

        You know, everyone should start calling the service twiX, just to irritate the candy bar company, which is actually a multi-billion dollar conglomerate that does care how its brands are perceived.

        • joe@lemmy.world
          link
          fedilink
          English
          arrow-up
          3
          ·
          1 year ago

          But, as I mentioned above, Twix the candy bar and TwiX the portmanteau for Twitter/X exist in different product spaces. Consumers are unlikely to be confused between the two. I still wouldn’t mind it catching on, haha.

          • Candelestine@lemmy.ca
            link
            fedilink
            English
            arrow-up
            2
            ·
            1 year ago

            It’d still irritate them due to the connotations, regardless of how legally actionable their irritation would be.

          • KoboldCoterie@pawb.social
            link
            fedilink
            English
            arrow-up
            1
            ·
            1 year ago

            Just make sure that you always explain it like “It’s TwiX, you know, like the candy bar! They must be affiliated.”

    • madcow@lemmy.ml
      link
      fedilink
      English
      arrow-up
      6
      ·
      1 year ago

      They don’t even allow me to delete my account. They suspended me (never posted anything) and now I’d need to beg to be unbanned, just to get off Mr. Elons wild ride. I’m in the EU so I’m thinking about making use of my right to be forgotten.

    • Zeppo@sh.itjust.works
      link
      fedilink
      English
      arrow-up
      2
      ·
      1 year ago

      Whether or not they can sue, I think the point is everyone knows that one could sell a one letter Twitter account for tens of thousands (or, could have 2 years ago, anyway). So, just that Musk is a gigantic dickhead.

    • fidodo@lemmy.world
      link
      fedilink
      English
      arrow-up
      1
      ·
      1 year ago

      Which makes his desire to have x be the everything app so much more horrifying. That level of consolidated power is horrifying on its own, and it’s even more horrifying knowing the person running it enjoys abusing his power.