Tag Archives: Elon Musk

Full Movies on Twitter and Section 230

Posted on by
Full Movies on Twitter

There’s an interesting situation in regard to Full Movies on Twitter being posted without repercussion. I can’t pass an opportunity to discuss any situation at Twitter but, in full honesty, I absolutely find this a fascinating from a legal perspective. It’s not just a matter of me piling on.

Twitter and other Social Media websites are generally immune to being sued for the content posted on their platforms under Section 230 of Title 47 of the United States Code. What I find interesting is the number of people who think this section makes Twitter immune to fines in this situation.

I’m a bit of a legal buff but not a lawyer. Therefore, if any actual lawyers out there wish to correct me, please have at it!

Is Posting Full Movies on Twitter Illegal?

Absolutely. Those movies are owned by entities with copyrights. Anyone who posts something like that on Twitter is subject to prosecution. This usually ends up with users banned from the social media platform rather than fines but repeated offenses will land the offender in the courts.

Is Twitter in Legal Trouble for what Others Post?

Reading the first few stories on this developing situation there are a number of people citing Section 230 as a reason Twitter and Elon Musk as the owner are under no legal peril. I disagree. Now, Twitter is absolutely not responsible for what other people post, that’s true.

The Motion Picture Industry and others actively monitor Twitter and other social media platforms for copyright violations. These entities and their agents then make copyright strikes against the person posting the movie, song, or other copyrighted media.

Once the automated system sees a copyright strike, the content is generally removed until a full review can be managed. There are problems with this system as well; people can and do use copyright strikes as weapons against social media users they dislike rather than as legitimate complaints. Let’s not get into that today.

The problem here is the copyright strike system seems to be broken. So, the industry is fulfilling their legal obligation but Twitter is failing to remove the movies after the strike. I think this is a serious violation and could end in enormous fines. Copyright infringement has stiff penalties pushed through the legal system by the entertainment industry. Stiff. Real stiff. Large fines for each violation. Every violation. Tens of thousands of them, potentially millions. As long as the copyright strike system remains broken more and more violations are piling up every minute.

Conclusion

Posting full movies on Twitter is a violation by the user and not Twitter under Section 230. Failing to promptly act on copyright strikes is outside the scope of Section 230. I wouldn’t be surprised to see Twitter shut down at least temporarily.

Naturally, I could be wrong and invite those with actual legal expertise to correct my mistakes.

Tom Liberman

The Twitter lesson: Workers and Management

Posted on by
Twitter Lesson

There’s a Twitter lesson to learned and it involves both workers and management. A lot of my friends find delight in the apparent demise of Twitter and I can’t say I blame them. I find it an interesting opportunity to examine the relationship of workers and management to the success of a business endeavor.

It seems to me; most people are not learning the correct Twitter lesson. A large group of people blame Musk for the ongoing situation. A second group blames lazy workers not willing to put forth enormous effort to save the company. What’s the reality? Let this Libertarian answer all your questions.

Twitter’s Problems

In order to determine the appropriate Twitter lesson, we need to fully understand the difficulties the company faces. Twitter was never immensely profitable. It had a couple of good years where income exceeded expenses but it largely lost money. Now, add the enormous loans new owner Elon Musk must pay back and it doesn’t take a genius to figure out the company is in deep trouble.

This being the case, the simplest solution in these situations is always to cut payroll. That means firing people. So many people the platform is barreling toward destruction. This solution means Musk must hope his remaining employees will do the jobs of two or more people while still earning their current salary.

I wrote about when this sort of expectation can work in an article about Reciprocity if you’d like to read that. I’m not going to discuss it further here.

What is the Twitter Lesson?

With one side calling workers lazy and the other blaming Musk for his business decision it seems like one of those two things must be the Twitter lesson, right? Wrong.

So many people want to blame lazy workers and so many people want to blame bad management. It’s the same when a business succeeds. Half the people want to give the credit to management for financing the operation, hiring the people, creating the business. A second group of people claim it is the workers who achieve the success. It is their efforts that build value.

The problem is both groups are right and wrong at the same time. The business owner who comes up with an idea, hires people, takes out loans, and builds a company should be lauded for this effort. It’s dangerous from a financial point of view and she or he should be praised. Meanwhile, the workers who buy into the vision and perform the day-to-day tasks are absolutely vital to success. Without them there is nothing.

This seems very obvious to me and I think most people, after reading this, will agree. Yet, before reading this, people eagerly and vocally assign all the credit to the owner or to the workers, ignoring the cooperation between the two groups required.

That’s the Twitter lesson. It’s workers and management that lead to success and to failure. Sure, in this case, Musk badly overvalued Twitter and took out a big enough loan that success became a near-impossible task.

Crony Capitalism

The entire situation is further complicated by the fact politicians now pass laws and extend financial aid to favor one company or attack another. This Crony Capitalism is something I’ve talked about elsewhere but it is part of the equation.

The reality is Musk’s previous ventures were largely financed by taxpayers. Government agencies gave him direct money and tax breaks. That fact plays no small part in what is happening today but is, perhaps, a topic for another day.

Conclusion

My conclusion is pretty simple. A business does not succeed or fail solely because of workers or management. Good managers and good executives value their employees’ contributions. Good employees recognize that management and executives want the business to succeed and often have to make difficult decisions.

Tom Liberman

Hard Work without Reciprocity at Twitter

Posted on by
Reciprocity

The fallout from the Elon Musk’s purchase of Twitter is all over the news and a story about Musk demanding hardcore work from his employees brought to my mind the concept of reciprocity.

The idea of reciprocity is fairly simple. If you do me a favor, I feel an obligation to return that favor. It’s sort of like a personal version of the Social Contract I wrote about a while back. In this case, Musk is asking his employees to work considerably harder, whatever that means, in order to save the company.

The Reactions

While reading comments, I found that reactions largely come in two flavors. The majority of people argue hard work is expected and if the employees don’t like it, tough. Get out. On the other hand, some argue that overworking your employees is not a recipe for a successful company.

Does Musk ask for Reciprocity without Giving it?

My thoughts are probably closer to the second group but my real problem with Musk’s ultimatum is simply the expectation of reciprocity. I’m of the opinion Musk has a long record of working his employees hard and taking more than the lion’s share of the profits for himself.

He fired nearly four thousand Twitter employees largely without bothering to even look at the work they do. He fired people without notice. He implemented policies that ended doing far more harm than good.

I see no evidence Musk will reward hard-working employees who work enormous hours of overtime. If, by some miracle, Twitter begins to turn a profit, Musk will take most of the money for himself.

Working Hard with Reciprocity

Don’t get me wrong. If you work for a struggling company and have confidence the owner will work with you, reward you for your efforts, pay you when profits return; I’m all for working extra hard. If you don’t believe your boss will do so, all you’re doing is giving the boss your money. Your time is money, your money, not the boss’s money. Yours. A boss who tells you that you must work extra hours without pay and doesn’t plan on giving you a reward at the end of the day is stealing from you.

Working Hard without Reciprocity

It’s hard for me to imagine anyone thinking Musk is the sort of person who gives reciprocity. He threatened the same work hard or go bankrupt scenario with SpaceX not long ago. He ran SolarCity into bankruptcy. The much-famed Hyperloop is now abandoned along with all the people who poured their hard work into it.

The Boring company is a mess. The Gigafactory in Germany is largely unable to start because of water issues of which he was warned, long in advance. I could go on.

Conclusion

I am not telling Twitter employees how to react to this offer. That’s their business. If they believe Musk will eventually reward them for working long hours, if they think said work can somehow save Twitter, have at it. They have families, obligations, quitting is not an easy thing to do.

I’m just saying, if you give something, the other party isn’t obligated to reciprocity. In this case, I wouldn’t expect it.

Tom Liberman

Tesla Banning – It’s all about Service

Posted on by

tesla-store-new-jersey-banNew Jersey became the third state to ban sales of Tesla cars because they refuse to be part of the franchise system. Texas and Arizona have already instituted the ban based on the idea that in those states you are required to be a franchise in order to sell cars.

I wrote about this issue back in August and spoke about how this new model of selling cars hurts those who pay franchising fees and those who collect those fees. In short, politicians in many states have set up a system wherein anyone who wants to sell cars must pay a bribe to the state in order to have a license. Those who cannot afford the bribe or do not want to pay are not allowed to sell product to consumers.

There’s another aspect to the story. Car dealers make most of their money through service calls and financing, not sales. When people take their car to the dealer for routine maintenance and repair they pay a premium for such service. 

If the Tesla method of selling cars catches on; this lucrative form of revenue decreases dramatically. The loan portion of the industry is also severely damaged.

What upsets me most about all the caterwauling from the auto industry and franchise owners in various states is their insistence that they are banning Tesla sales to save the consumers. This is the sort of “it’s for you own good” Liberalism that drives Libertarians like me to drink.

What it really is, is another example of Crony Capitalism where those with money run to legislators and beg to be saved from a new competitor.

It could be that the franchise system is better for consumers. I doubt it, but it could be true. One thing that I know for certain is that it’s not the government’s business to decide what’s the best sales model for a car manufacturer.

We here in the United States don’t have the best cars, the best internet speeds, or the best technology because Crony Capitalism is destroying real capitalism. Are you happy with your internet provider? Your television provider? How many choices do you have? Choices are good for consumers and, in the long run, good for businesses.

In a capitalistic system a business must provide a good product at a price people want if they want to survive an assault from a vigorous new competitor.

In the United States the owner of a business simply heads to the statehouse and bribes the politicians into passing laws to destroy their competitors.

I have a word of warning for all the franchise owners who are trying to legislate Tesla out of business.

Elon Musk has a lot of money and bribery goes both ways. Maybe you should think about changing your business model. 

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Spear of the Hunt
Next Release: The Broken Throne

Tesla Banning – It's all about Service

Posted on by

tesla-store-new-jersey-banNew Jersey became the third state to ban sales of Tesla cars because they refuse to be part of the franchise system. Texas and Arizona have already instituted the ban based on the idea that in those states you are required to be a franchise in order to sell cars.

I wrote about this issue back in August and spoke about how this new model of selling cars hurts those who pay franchising fees and those who collect those fees. In short, politicians in many states have set up a system wherein anyone who wants to sell cars must pay a bribe to the state in order to have a license. Those who cannot afford the bribe or do not want to pay are not allowed to sell product to consumers.

There’s another aspect to the story. Car dealers make most of their money through service calls and financing, not sales. When people take their car to the dealer for routine maintenance and repair they pay a premium for such service. 

If the Tesla method of selling cars catches on; this lucrative form of revenue decreases dramatically. The loan portion of the industry is also severely damaged.

What upsets me most about all the caterwauling from the auto industry and franchise owners in various states is their insistence that they are banning Tesla sales to save the consumers. This is the sort of “it’s for you own good” Liberalism that drives Libertarians like me to drink.

What it really is, is another example of Crony Capitalism where those with money run to legislators and beg to be saved from a new competitor.

It could be that the franchise system is better for consumers. I doubt it, but it could be true. One thing that I know for certain is that it’s not the government’s business to decide what’s the best sales model for a car manufacturer.

We here in the United States don’t have the best cars, the best internet speeds, or the best technology because Crony Capitalism is destroying real capitalism. Are you happy with your internet provider? Your television provider? How many choices do you have? Choices are good for consumers and, in the long run, good for businesses.

In a capitalistic system a business must provide a good product at a price people want if they want to survive an assault from a vigorous new competitor.

In the United States the owner of a business simply heads to the statehouse and bribes the politicians into passing laws to destroy their competitors.

I have a word of warning for all the franchise owners who are trying to legislate Tesla out of business.

Elon Musk has a lot of money and bribery goes both ways. Maybe you should think about changing your business model. 

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Spear of the Hunt
Next Release: The Broken Throne

Despicable banks, Greedy Business, Palin, and Tesla Crash

Posted on by

I’ve been working on my next novel quite a bit and haven’t done a Stupid or Misleading Headline in over a week so I thought I’d just do a quick perusal of the hot news stories to see if I could find anything worthy.

Yep.

Here’s a group of four to excite your fancy if you’re a Republican, Democrat, conspiracy theorist, or just about anything else.

I’m not going to get into a deep analysis of any of the four but they are all special in their own way.

Despicable Bank Bank of America is up to shenanigans with the way they process debit statements. It is a pretty obvious and ethically questionable move to try to get more defaults but hardly the most despicable thing of all time.
Greedy Businesses First off, the economy doesn’t suck. It’s not humming along at an early to mid 90’s rate but all economic indicators show mild growth and decreasing unemployment. Secondly the country is changing. Enterprise business is now dominant where once small businesses had the greatest influence. Greed plays a role but it’s hardly the only factor in the game.
Sarah Palin I suppose it is news when my fellow University of Idaho alumnus says something that turns out to be prophetic instead of nonsense. Still, does this make her a foreign policy expert? Hardly.
Tesla Crash Elon Musk is a bit of a P. T. Barnum type and his wild claims get on my nerves but just because he makes outlandish statements doesn’t mean his entire business is going to come crashing down.

Anyway, that’s it. A quick recap of headlines designed to seduce you into making that all important click. Don’t do it!

Tom Liberman
Sword and Sorcery fantasy with a Libertarian Ideology
Current Release: The Spear of the Hunt
Next Release: The Broken Throne