X's likelihood of prevailing in boycott suit is higher than I thought
shaungallagher.pressbin.com
shaungallagher.pressbin.com
I don't know if his legal analysis is correct but it sounds interesting.
[1] https://old.reddit.com/r/explainlikeimfive/comments/1enote4/...
https://old.reddit.com/r/explainlikeimfive/comments/1enote4/...
https://old.reddit.com/r/explainlikeimfive/comments/1enote4/...
I think the closest comparison would be 4chan complaining that they can’t charge more for ads: ads are cheap on 4chan not because of collusion, but because virtually no company wants their brand associated with 4chan’s content.
This is in contradiction with the argument put forward by the lawsuit: that brands were willing to boycott X only as long as they were sure their competitors were doing the same. If it were true that brands avoid X because "it's toxic to their public image", then they should be delighted to know that their competitors are still advertising there!
Assuming that companies were just distributing their marketing budget elsewhere twitter essentially became an outside option for companies that were willing to bear the "risks".
Sorry, you're being deliberately obtuse here. If what the lawsuit claims is true (irrespective of whether it's legal or not), ads on Twitter are still worth something also to those who DO NOT pay for them, because otherwise they would not need to collude with their competitors to make sure they're also boycotting.
I'm not saying that this can be proved to be an anti-competitive behaviour. Just that it destroys the narrative of "ads on Twitter are a negative value for the brands that advertise there".
(But even if the account doesn’t go idle: I think there’s a significant difference in kind between a company’s account being generally active and paying for advertising to appear next to increasingly extreme and negative content.)
Sponsored content would be side by side with (last time I checked) crypto scams and porn. There's actually a risk of devaluing your brand by promoting it alongside tat.
Are you saying X/Twitter doesn't let you choose whether or not your ad is displayed with adult content? Or doesn't let you choose content categories to run it against or not?
I thought most advertising platforms let advertisers choose which content categories to run (or not run) the ad for–e.g. "I only want this ad displayed on content related to motor vehicles, fishing or firearms". Or even keywords – e.g. "don't run this ad on any content mentioning [competitor_name]"
A random person outside of HN mightn't consciously notice anything, a marketer absolutely will and they'll notice how all these kinds of factors will impact the efficacy of a campaign actually increasing sales rather than just being viewed
I don't necessarily agree with the lawsuit, but those are the legal issues at play.
But even if these conditions were somehow met: what’s the legal relief here? Surely a court can’t compel Coca-Cola (or whoever) into a minimum amount of ad spending on a particular social media site.
So the same as for price fixing. It's legal to set your own price, but can be illegal to agree to do that with competitors even at the same price.
Maybe discovery will reveal collusion here, but it relies on an unlikely premise: companies with significant ad spend have entire teams dedicated to PR, and it would be astonishing if they couldn’t provide independent internal research demonstrating the risk Twitter posed to their brand as a sufficient reason to stop paying for ads.
Do you really believe that hundreds of social science teams would reach the same conclusion at the same time independently of each other, like these hundreds of advertisers did?
Social science isn't that exact, there would be big brands not leaving if they acted independently, or at least they wouldn't all leave at the same time.
“Shit is bad on Twitter” is a conclusion many people may independently reach at similar times if the change is rapid.
Like how natural selection and calculus were discovered by multiple people at roughly the same time. They weren’t in cahoots.
https://www.courtlistener.com/docket/69017972/x-corp-v-world...
However, after thinking it through a little bit more, I did want to say something in my own defense, so that your comment doesn't discourage anyone else who is curious by nature.
This was a topic that piqued my curiosity, and so I put in the time to read the filing and research other relevant court cases. I did not mention them all in my blog post, but I did a fair amount of review of case law that might be relevant here. Likewise, in my books, I review academic studies and then put them in plain language that a general readership can understand.
Isn't this what we should be encouraging on Hacker News? "Hey, there was a subject I was curious about, so I endeavored to learn a little more about it; doing so led me to update my priors, and here is what I know now." Dismissing that because I lack the right credentials feels a little gate-keepy.
I'm not claiming to be a legal expert. I merely learned something about the law and published it in case it piques someone else's interest as well. The title of the post makes it clear that the point is about me realizing my assumptions were inaccurate, not about what I think the outcome of the case will be.
Some people call it credentialism and they think an argument should be able to stand on its own. And those that think this, you’re welcome to have someone who isn’t a trained surgeon operating on your heart just because they make a convincing argument as to where the problem is and what the fix is. I’ll go with the bloke who is trained and has a few surgeries under their belt.
One should think that keeping the complexity minimized would be a goal of a diverse, equitable, and inclusive society.
So all we have is a lay opinion, and others of us recognizing that it's a lay opinion and may well not hold water. That's not "Shut up, peasant", that's "You're a peasant just like us, so we don't think you actually know any better than we do."
To the other person’s point, I’m not convinced that it’s overengineered per se, it just deals with an incredibly complex system.
I submit that you're setting yourself up for a mugging.
Now that I see GARM was shuttered as a result of financial pressures from the lawsuit, I believe this was this was actually the goal all along. It didn’t matter that the reason was flimsy. It just had to pass muster.
The usual solution is cooperation instead of competition, where you all agree you don’t want to poison everyone so you’ll switch processes. But is this saying that that is sometimes illegal?
If so, it seems like the race-to-the-bottom we all know and hate is a legal inevitability.
Global Alliance for Responsible Media disbanded, so no reason for the Suite to continue.
If you are reading, turn back! Haters and Fans are the only left. There’s no dispassionate lawyers reading this thread on a Sunday.
It’s hard to disagree that there are pariahs that you’d not want as customers. On the other hand, I’d much rather live a world where the phone company operates phones and sells access to networks, ISPs sell server space, banks deal with financial instruments, and all of them leave their social, political, or moral stances to themselves. I don’t go to my local retailer for a lecture on the social injustice of the month. The idea of a Reddit style world where if you participate in one community, regardless of your behavior, you’ll be banned from another is about as distopian as it gets.
I’d describe my feelings about the advertising boycott as very mixed, and think it’s worth maintaining a clear distinction between these categories of service. I’d find it equally dystopian to live in an environment that doesn’t allow companies to take a principled stance against obvious abuse or to stop spending money when a company goes through dramatic changes that fundamentally alter the advertising environment.
What I’m most curious about is whether or not the boycotts were truly contingent vs. just centrally organized.
On the one hand, some on that list are abhorrent. On the other hand, some just disagree with the positions of the ADL and the ADL knows it can turn screws on those that cross their path. That power seems unacceptable, and apparently may be illegal.
Should those not convicted of any crime, living freely in society, be prohibited from buying milk at a grocery store because their words or ideas are considered incorrect by some self selected taste makers? If you disagreed with those with the power to make those lists would you feel the same way?
The Reddit example might be closer to the type of coordination it targets, but it would be hard to apply anti-monopoly legislation to volunteer Reddit mods.
When a person posts an antisemitic on X, the people who notice said post do not know with any certainty what ISP was used, so there's nothing to associate the post with a given ISP. Furthermore, even if readers did know what ISP was used, the general assumption (correct or no) is that ISPs don't monitor traffic going through their pipes, so they neither know nor can control what data is sent over the wire, thus absolving them of any responsibility for what someone decides to post on X.
Contrast this with X itself. As the host of said message, there's a direct link between the content seen and X. As X already moderates content on its platform, a claim can be made that it bears responsibility for posts that are left up for any significant amount of time. The fact X sells ad space which appears next to the hosted content only reinforces this responsibility.
If you prefer to deal with a meatspace analogy: consider a billboard company. Should someone rent space on a billboard in a widely-visible area and paint a giant penis on it, most onlookers would disapprove, and they'd foster a growing discontent with the company the longer it's left up. However, few, if any, would attack the nearby Lowe's or Home Depot for selling paint and paint brushes that could have been used for the picture or go after the city for daring to build and maintain the roads allowing access to the billboard.
X is a digital billboard company. They aren't neutral here: they're actively aiding you in getting your message in front of more people with the hope that any engagement your message triggers will increase ad revenue.
And really any voluntary business code, like Fair Trade or LEED or the AMA's medical ethics codes are illegal?
Did they choose not to advertise on X for political reasons, or because associating their brands with toxic content would damage their profitability?
Maybe the richest man in the world wanted to be able to play the victim (again).
They're not competitors, they're customers; WFA is a worldwide association of smaller marketing associations and multinational corporations: https://www.wfanet.org/about-wfa/our-members/global-brands
The marketing associations include purchasers, advertising/marketing agencies, and yes, other ad providers.
> colluding
You need to look up that word in the dictionary. An industry trade group publicly announcing (with press releases and an entire website) something is not collusion.
> for political reasons
"Twitter doesn't do anything about hate speech, has re-instated numerous people whose sole identity is gender, racial, sexual orientation, and ethnicity based bigotry and the CEO repeatedly makes white supremacist comments - and thus the platform is not safe for our members or brands or in line with their policies/'values'" is not "political."
Musk is a supposed free speech absolutist/purist. To an extreme degree, I might add; he claims even a social media company deplatforming people is a violation of someone's free speech rights and was his motivation for purchasing Twitter. Yet he routinely bans people from his platform for even mentioning unflattering things about him or his companies, and conveniently seems to forget that freedom of association is part of the first amendment.
Then there's the journalist-banning bender Twitter has been on since Musk bought it which is not at all compatible with being a first amendment extreme absolutist. The fact that the Kingdom of Saud was a major financial backer in the purchase and really, really doesn't like the platform twitter provides for journalists has nothing to do with all of this /s
At least he's consistent about being inconsistent.
On the other hand, there's a trend for social media platforms lately to downrank anything that's not advertiser-friendly whether it's Facebook posts containing profanity or Youtube videos about guns. I don't think tech billionaires suing each other about it is an ideal resolution, but I don't like this trend.
I've been told multiple times 'vote with your wallet'. That's a typical neolib/neocon saying.
Organize yourselves to vote with your wallet? Illegal! Kill this idea with fire! Sue them! They're Hamas/Marxist/anticapitalists! We can't allow them to organize!
'Back in my days, we had a sense of community, we had more meaningful relationships'
I doubt this kind of people are dumb enough to not see their hypocrisy, so I have to believe it's purposeful.
> Organize yourselves to vote with your wallet? Illegal!
Individuals voting with their wallet together? Legal. Companies voting with their wallet together? Illegal.
Companies are not individuals. Companies have lots of restrictions on working together, so that they keep competing.
Unless they want to spend unlimited amounts of money to influence politics, that is!
Companies being told to "go fuck yourselves" by Twitter's CEO and complying? Legal.
https://www.youtube.com/watch?v=U_M_uvDChJQ - "Elon Musk to advertisers who are trying to ‘blackmail’ him: ‘Go f--- yourself’"
That tells me everything I need to know about who is in the right.
2. GARM is about the size of 2 people working out of a conference room once a month. This isnt a large organization, this is a trade association. They folded because there is no money to support fighting a Bully Litigant
3. Elon has a history of suing small organizations out of existance with frivelous lawsuits that drain the company's coffers.
In the wake of Mr. Musk’s acquisition, GARM recommended that advertisers pause their spending, and several major companies, including CVS and Unilever, did so. Those two companies were also named in X’s suit.
The lawsuit seems like a slam dunk for X.
Why does Unilever need a consultant for this? It is obvious: You don't want your washing powder ad to appear next to controversial content? Then either a) negotiate with Twitter to make the ad appear selectively or b) come to your own conclusion not to advertise at all or c) or publicly state that you do not want to sell to Republicans at all.
But this whole state of affairs that there are increasingly single authorities for determining who can post what on the Internet is alarming.
Oh wait, that's what they did!