this post was submitted on 11 May 2024
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Users already relinquished their copyright rights when they signed the ToS.
Do they give up the copyright, or license it to the website? They still created the content, and I don't have a Twitter account, but after briefly reading the ToS, it says they license it to Twitter (which is pretty standard from the other services I use that I've read the ToS for).
Yep, you're right. I oversimplified it.
The same ToS which the judge says X cannot enforce because it conflicts with copyright law.
The copyright law says that Musk cannot claim copyright while also claiming not to be accountable. That has nothing to do with users waiving their copyright, which has been the standard practice for all forum software since practically forever. It's why prior to GDPR, their was nothing to motivate websites from deleting your posts and even that isn't about copyright, it's about privacy.
Copyright can only be waived in the US by dedicating the work to the Public Domain. In most other countries, it can only be assigned or licensed to someone.
The "standard practice in all forum software since practically forever", has been to include a very broad use license on the work, without switching the copyright holder, in order to protect the forum owner from liability.
The GDPR is about a very broad take on "privacy", where the rights of "access, modification, and removal" get extended to any "personal information", no matter whether it's "personally identifiable" or not.
Kind of a two birds with one stone situation.
MVP!