this post was submitted on 04 Nov 2023
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Technology
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Can't steal something you don't own. And people should never forget you don't own anything on these platforms.
I disagree that you don't own it. Just because a business writes something into its terms and conditions, that doesn't mean it is legitimate. The user behind the account has a stronger claim to the value of the account than the website - the user was the one who created the value, not the website. The website created the platform and then the marketplace, but the users are the ones who impart the value.
If the username is just a username and not being sold, then there isn't really anything actionable, but because X are looking to sell it for significant value then it is actionable, and the user has the stronger claim.
This would be like a bank claiming all the money in your savings account because you haven't made any deposits or withdrawals recently.
Ownership of identifiers, that includes usernames, is regulated by Trademark laws.
If you keep using a moniker, like a username, to conduct trade under it, and/or have it registered as a trademark (which requires you to use it in trade or lose it), then you can legally claim it.
Otherwise, Twitter or any other platform, can do whatever they want with it.
That's an interesting avenue I hadn't considered. However, the lack of a registered trademark does not mean the lack of any rights whatsoever.
Correct. What decides the rights, is the use. A registered but unused mark loses the rights, while a used but unregistered one keeps the rights (just becomes harder to prove).
And it needs to be used for trade. Like, someone's personal nick, not used for trade, would have no rights. But the nick of someone using it to be an influencer, or a furry artist, would give them some rights.