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Misinterpretation of the Twitters’ TOS

In the case of the Twitter TOS, it seems that the terms Twitter stipulates are exactly the pro-freedom position: you can do whatever you want with the stuff you own (stuff, not ideas) unless you have contracted some other arrangement. Twitter owns the servers. You own the photo, sure, but you still have the photo after you uploaded it. What the uploader is actually doing is using Twitter’s stuff to create a copy on Twitter’s servers. For the photographer to then claim that he has the right to determine what Twitter does with it is like going to someone’s house and using a dollar bill left on a counter to make origami, then demanding the right to determine what happens to it as a result of your pattern rearrangement. It is nonsense from the start.

If the sections containing TOS quotes instead of the reactions to them had been cherry picked, a much different picture appears:

“By submitting, posting or displaying Content on or through the Services

“On” would refer to the case in paragraph one as discussed by Libertarian Standard, content you’ve uploaded to servers hosted by Twitter. “Through” however is a much more nebulous case, as putting a link to your photo (hosted elsewhere) and then Twitter displaying that image ‘through’ their service, as ‘New Twitter’ does automatically whether you’ve asked them to or not, Twitter has the opportunity to lay claim to your photo. Though I imagine they will have a fight on their hands if/when they try that, especially if they try it against someone well known.

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