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this post was submitted on 27 Nov 2024
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The problem with citing those Provisions is those companies have never claimed direct ownership of said accounts. This is an entirely new legal argument.
It's pushing existing boundaries, but I wouldn't call it an entirely new argument. Twitter's lawyers could (and probably would) argue that a Twitter account is analogous to something that is already well-established as being both property of the service provider and insulted enough that it doesn't make the service provider liable for content published through it.
My previous example of "Twitter account = IP address" is probably the easiest to explain through analogy.
An IP address is an addressable identifier. /
An account is an addressable identifier.
Verizon owns their IP addresses. /
Twitter owns their accounts.
Subscribers can communicate under one of Verizon's IP addresses. /
Users can communicate under one of Twitter's accounts.
Verizon can not be held liable in civil court for actions performed with one of their IP addresses. /
... (this is the argument Twitter could make)
A sane court would probably find that the second point isn't comparable because an account uniquely identifies a specific entity whereas an IP address is shared, but we don't exactly live in times where sanity is a given. Alternatively, they could argue that "Twitter handle = IP address" and "Twitter account = subscriber account".
In any case, we won't find out until when/if it makes it to court. Though, if it does, that might actually be one and only time I don't side against the MPAA or RIAA.