X capitulates to Brazil's Supreme Court

76 pointsposted 3 hours ago
by anigbrowl

129 Comments

BadHumans

2 hours ago

I mentioned before that I don't agree with how Brazil is going about this situation if you believe Musk's telling of the events but it is also impossible to believe that Musk is some free speech warrior given how readily he complies with the demands of countries like Turkey and India so I'm still trying to understand what exactly is the straw that broke the camel's back for Musk. Was it that he just didn't like his representation being allegedly threatened with jail?

JumpCrisscross

2 hours ago

> I'm still trying to understand what exactly is the straw that broke the camel's back for Musk

Moraes finding Starlink and Twitter under common control, which they technically are, may have been it. The unspoken threat being sanctions on Tesla, Musk’s dominant source of liquidity and a levered position, both for sales and raw materials exports.

More than its direct effects, the contagion risks of that strategy could constrain Musk if e.g. the EU played hardball.

gwern

2 hours ago

Musk has long enjoyed the benefits of treating his empire as a conglomerate, without the costs of things like shared liability, doing things like casually reusing Tesla engineers in Twitter or sending Twitter's GPUs to X.ai, and daring shareholders to do anything about it. Now that he's gone to war with the establishment, he may find that the blind eye turned to these sorts of things in the past is no longer going to be so blind; it's not like that sort of bait-and-switch or diffusion of responsibility is novel, and the legal system is well-equipped to attack it in more criminal settings.

And Moraes seems to be showing that it works: similar to how Musk is deathly silent about the CCP, even Brazil has enough muscle to bring him to heel, so you can bet the EU is watching with great interest indeed.

Picking a fight he couldn't win with Moraes, and showing everyone else the way to deal with him, may turn out to have been his biggest mistake since perhaps signing the iron-clad deal to buy Twitter itself.

cjbgkagh

2 hours ago

AFAIK from friends who have worked for him, he has a habit of quickly firing people who disagree with him which can cause all sorts of problems. No-one left to tell you that something might in fact be a bad idea.

walrus01

2 hours ago

Running a company entirely populated by sycophants and yes-men doesn't seem like a viable long term strategy, but then, I'm no rocket scientist.

JumpCrisscross

2 hours ago

> sending Twitter's GPUs to X.ai, and daring shareholders to do anything about it

Or lenders.

alemanek

2 hours ago

It was actually worse than that. It was Tesla’s GPUs and the board refused to even address it. I was actually a bit surprised that something hasn’t come of that yet.

krona

2 hours ago

X isn't a subsidiary of Starlink (or vice versa) so I genuinely don't understand the 'common control' argument you're making. Then again I'm not a corporate lawyer so what do I know.

It would be like Clayton Homes becoming legally liable for Fruit of the Loom because both are owned by by Berkshire Hathaway. It makes no sense.

JumpCrisscross

2 hours ago

> X isn't a subsidiary of Starlink (or vice versa) so I genuinely don't understand the 'common control' argument

“A ‘controlling financial interest’ is generally defined as ownership of a majority voting interest by one entity, directly or indirectly, of more than 50% of the outstanding voting shares of another entity” [1]. When a person has a controlling financial interest in multiple entities, those entities are under common control. The textbook example is “an individual or enterprise holds more than 50% of the voting ownership interest of each entity” [2].

Musk controls SpaceX [3], which in turn controls Starlink. Musk controls X. X and Starlink are under common control.

Whether that means Starlink is liable for X’s liabilities is a separate question. But it’s precedented in practically every jurisdiction for there to be a point at which entities under common control are jointly liable, at least to the degree to which they’re commonly controlled. (SpaceX’s non-controlling interests may have a separate claim on Musk.)

Side note: the comment I’m responding to doesn’t deserve to be downvoted.

[1] https://viewpoint.pwc.com/dt/us/en/pwc/accounting_guides/bus...

[2] https://www.fasb.org/page/ShowPdf?path=abs02-5.pdf&title=EIT... § 3(a)

[3] https://www.wsj.com/articles/elon-musks-spacex-stake-moves-l...

krona

2 hours ago

> Whether that means Starlink is liable for X’s liabilities is a separate question.

But that is my question.

JumpCrisscross

2 hours ago

> that is my question

Not a lawyer. But X blew off a court. That’s wilful contempt.

Under U.S. civil securities law, Warren Buffett ordering Clayton Homes to break the law could lead to control person liability [1]. If there were no way to hold Clayton Homes, Berkshire Hathaway or Warren Buffett personally liable, the next step would be enforcement against Fruit of the Loom.

Contempt of court is incredibly serious. Contempt pierces the corporate veil under U.S. law [2]. X acted in blatant contempt of Brazil’s courts. Musk publicly admitted to directing it to. There isn’t a competent jurisdiction, almost to the point of defining competence, in which this wouldn’t pierce the corporate veil.

[1] https://www.skadden.com/-/media/files/publications/2022/11/c...

[2] https://www.floydlaw.com/wp-content/uploads/the-corporation-... Ref. Wilson v. United States

petesergeant

2 hours ago

Note that the judge (de Moraes), not the op, has made this argument, and it is certainly being treated as contentious. In the general case, the judge would need to show that he thought the corporate veil had been pierced here, but who knows what Brazilian law says, or what the Supreme Court will rule.

Discussion: https://www.euronews.com/next/2024/09/04/musks-starlink-u-tu...

acchow

2 hours ago

Elon has been very clear about this: he follows the laws of each country. That is, if the government wants to restrict free speech, they must pass laws (or the equivalent in court) to do so and Twitter will follow their laws.

If their government wants to act in contrast to its own laws, then Elon will fight them.

He’s not trying to uphold some universal free speech liberty.

BadHumans

an hour ago

This doesn't track with how he arbitrarily bans people he doesn't like on Twitter. ElonJet, journalist, and people who campaign for Harris all come to mind. Nothing they did was against the law.

raydev

an hour ago

Did Brazil change its own laws in the last few weeks?

phatfish

an hour ago

A rouge billionaire with a popular social media platform might just be what is needed to get governments to properly regulate these sites that are the modern equivalent old school media companies, but are held to much lower standards.

summerlight

2 hours ago

It's pretty simple; he doesn't really have a chance against strong, authoritarianism governments which doesn't accept any sort of challenges so he typically complies to them without any questions. In Brazil, He initially seem to think that there's a good chance to win if he escalates it to a political fight but now he's slowly realizing that there's no solid political ground for him (especially as a foreigner) when he crossed the line against the Supreme Court, the highest constitutional authority.

hexage1814

an hour ago

>he doesn't really have a chance against strong, authoritarianism governments

I think Musk just realized Brazil was one those governments.

Honestly, to any foreigner wanting to learn what is going in the country, take a look at Glenn Greenwald coverage on Twitter, Gleen lives in Brazil and is one of the few journalists talking about what is happening in the country. The amount of crimes the Supreme Court is committing every single day is unbelievable. There is no due process.

luizfzs

an hour ago

The only democratic way for a foreign agent to meddle in another country's politics is by being elected.

Everything else is just bullshit.

What you are saying is that anyone can buy a media platform, whatever platform it is, and play 'arbiter' of truth? Because that's he is doing. He has no right to defy a judge's ruling. He's not a Brazilian citizen. He has no legal representation there. His company has no legal representation there.

His only standing is his ego, which is pretty fragile, given how much of a cry-baby he is.

tux3

2 hours ago

I think Musk is just selective in the causes he finds himself wanting to be a free speech warrior for.

Free speech for me and mine, all others pay cash

giraffe_lady

2 hours ago

It's because the ones in trouble are right wing extremists. He's extremely consistent in his support and decisions on this.

ivewonyoung

2 hours ago

Not true. He tried hard to protect left wing and left wing extremist free speech too.

"India calls X a 'habitual non-compliant platform'"

https://www.bbc.com/news/world-asia-india-66805347

He got fined by India and lost money for trying to protect anti-right wing free speech.

user

40 minutes ago

[deleted]

andrepd

2 hours ago

> He tried hard to protect left wing and left wing extremist free speech too.

Can you give concrete examples of this?

ripjaygn

2 hours ago

Modi tried to censor left wingers' speech, Twitter refused and sued the Indian government. It's in the linked BBC article.

mdhb

18 minutes ago

I love how you yourself haven’t even read the article. Your timing is all wrong here and your larger point is laughably wrong.

phatfish

39 minutes ago

"The instances cited by the government took place before X was acquired by billionaire Elon Musk in 2022. Under Musk's leadership, the company has complied with takedown orders."

Twitter refused pre-Musk, X doesn't seem to have a problem doing what Modi says as far as I can tell.

ivewonyoung

2 hours ago

> but it is also impossible to believe that Musk is some free speech warrior given how readily he complies with the demands of countries like Turkey and India

He didn't give up readily, those countries passed laws and even then Twitter sued the Indian government.

"India calls X a 'habitual non-compliant platform'" https://www.bbc.com/news/world-asia-india-66805347

People only think he gave up readily in India because of the all the echo chamber comments repeating misinformation to make Musk look bad.

> I'm still trying to understand what exactly is the straw that broke the camel's back for Musk. Was it that he just didn't like his representation being allegedly threatened with jail

He felt that the judge's secret orders weren't lawful in Brazil, unlike in other countries.

user

2 hours ago

[deleted]

loceng

2 hours ago

Have you tried thinking of his actions through a more than black and white perspective, from a military strategic perspective? E.g. Is it better for all Brazilians if there's a platform they are all already organized/organizing on to still have access to it, or none of them have access to it?

mdhb

2 hours ago

Politely… what the hell are you talking about?

You think Twitter is some tool of the revolution of Brazil because they had a legal ruling against Elon. Surely I must be misinterpreting what you’re saying here.

JumpCrisscross

2 hours ago

They’re saying Musk may be acting pragmatically in caving. By standing his ground he denies Brazilians a platform on which to organise.

I think it’s bunk to think Musk cares about ordinary Brazilians. But it’s a coherent argument.

anigbrowl

19 minutes ago

It's also bunk in that Twitter is not the only social media platform in Brazil.

mdhb

2 hours ago

Thinking there is going to be some kind of revolution because of Elon though is just underpants on the head kind of crazy to even suggest.

cubefox

2 hours ago

If the Brazilian court had ordered a ban of far-left users, the reporting on this would have been very different.

jrflowers

an hour ago

This is an interesting thought. If a completely different thing had happened then the conversation might be different. People are too often focused on what did happen and miss the importance of things that did not happen at all

pyuser583

an hour ago

The things that didn’t happen often say more than the things that did.

_3u10

2 hours ago

100% just look at Lula's acceptance of the Venezuelan elections, is Brazil doing anything to clamp down on far left support for Venezuela?

luizfzs

an hour ago

"is Brazil doing anything to clamp down on far left support for Venezuela?"

They don't get to do anything. As much as one may dislike another country's political system, all they get to do is carry on with life.

No country has the right to meddle with another's politics. No foreign person has to right meddle with another's politics.

That's the imperialist view of the world. That's not how it should be.

Spivak

2 hours ago

This is a not very useful breakdown of the political situation. There is only one thing that is required to have a democracy, and that is the peaceful transition of power. And that requires that people have to accept the results of elections. Elections don't have to be fair. They don't have to be free from corruption. They don't have to be accurate, lord knows the elections in the United States are horribly skewed due to the fact that we have such low voter turnout. If you wanted to accurately assess who would be the best elected official in a given position you could do a lot better by just getting a board of statisticians and sampling the hell out of your electorate. But the thing that is important is that we go through a process, that process terminates, and we go with whatever it says the winner was. If it was a bad choice c'est la vie I'll see you again next election and if there was shady shit that happened, we can address that in the interim.

I don't give a shit what the far right views on like immigration or abortion or taxes are. I can disagree with them, but that's not like an existential threat to the country. What is in the US is the fact that we have a candidate for president who was still not conceded his loss in the 2020 election and is running again on the same premise that the elections are rigged. Like the bar is so low here.

tbrownaw

an hour ago

> There is only one thing that is required to have a democracy, and that is the peaceful transition of power. And that requires that people have to accept the results of elections. Elections don't have to be fair. They don't have to be free from corruption. They don't have to be accurate

"Democracy" means "rule by the people".

If the people are told who their new rulers are rather than choosing who their new rulers are (or even ruling directly, I think there are a couple places that still have direct democracies), then it's not a democracy regardless of how orderly the transitions are.

ToValueFunfetti

2 hours ago

>What is in the US is the fact that we have a candidate for president who was still not conceded his loss in the 2020 election and is running again on the same premise that the elections are rigged.

I was thinking I had heard he conceded recently, but when I looked it up I found that he conceded before the inauguration:

https://www.cnn.com/2021/01/07/politics/trump-biden-us-capit...

jcranmer

2 hours ago

He only conceded his loss in the immediate wake of the failed January 6 insurrection.

More recently, in the presidential debate, he has essentially recanted his concession.

_3u10

2 hours ago

It’s completely legal within a democracy not to accept the results of an election. Right now the sitting president of the US is refusing to accept the results of an election which Lula accepts.

dgfitz

2 hours ago

[flagged]

AzzyHN

2 hours ago

The "fight" between Twitter and Brazil is inherently political. That's like saying Bethesda ruined Fallout by making it "woke" and "anti-American"

sourraspberry

2 hours ago

X follows the law of a country it's operating in*

CLiED

an hour ago

And to Turkey, India and...

AlienRobot

2 hours ago

I wonder how many will remain on Bluesky. I've heard of a few key differences between Bluesky and Twitter that could be a deal breaker for many.

1. No trending topics, although there is a recommendation algorithm, so trending topics should be possible in the future.

2. No private profiles. This seems important to many, but it's probably not doable in federated social media. Other privacy problems include your followers, whom you follow, your likes, etc., being public information.

3. No way to make someone that follows you unfollow you. I don't get it either, but it seems in other platforms blocking makes them unfollow you whereas in Bluesky it just stops your posts from appearing. To be honest I'm not really sure how this even works since there are no private posts and you could just access it without being logged in, but I guess the average user is just going to use the main instance anyway.

4. No way to bookmark posts yet. This should be easy to implement.

While using the web version, I found several usability problems, like being unable to right click hashtags and posts to open them in a new tab. Clicking on a post lets you reply without seeing existing replies, which seems like a bad idea, too. There are advanced search operators, but no interface to access them.

If you search for "how to do" anything in Bluesky you get the API documentation for the AT Protocol. The only user facing documentation at the moment seems to be a FAQ page.

Despite its influx of Brazilian users, parts of the interface are still missing translations, e.g. the "Discover" and "Following" tabs in the homepage weren't translated to Portuguese even though the sidebar was.

Personally, I think just the fact that Bluesky has a recommendation feed already makes it better than Mastodon for most people, but it's still in development. I haven't used the app, so maybe things are better there.

pfraze

2 hours ago

This is pretty accurate. We have some proposals in development for 2 and 3 but it won't be soon. 1 and 4 are straightforward. The rest take QoL hours. Probably an unnamed 5th bullet point is finding experience novelty which make the other 4 less important. We did novel things with algorithms and moderation, but we'd be smart to do novel things with the core product loop.

anigbrowl

13 minutes ago

I am gonna keep nagging you about trending topics, because without them the hashtag feature is sorta useless. There isn't a way to browse hashtags and so it's hard for people to see what other people are converging on.

arromatic

2 hours ago

Is there going to be a "for you" feed like twitter that algorithmically finds post you are interested based on what you search or browse ?

AlienRobot

an hour ago

You want a novel feature? Consider this.

Right now, only Tumblr and Youtube allow you to create separate profiles with a single account.

If I follow this guy who posts his comics in his account, unless he's exceptionally good at social media (they aren't), he'll use the same account to blog, and 9/10 of his posts will be blog posts.

I was trying to build a list of photographers and I had to repeatedly use the "Media" tab to figure out if a guy who says he's a photographer in his bio actually posts any photos on his profile or it's all just hot takes. Why can't I have a "Media" tab for "Photos I took myself"?

Over a decade ago DeviantArt had folders. Most of the posts I see don't even have hashtags.

I think if you let users define something like "my hashtags" where you could quickly find all their posts by a hashtag, and also let users follow only posts of a user that contains a hashtag, you would make hashtags actually relevant in a platform that lets you do full text search.

To explain better: the photographer would set "#photography" in their "My Hashtags" settings, for example, and this would show on the top of their profile so visitors could quickly find their photos. This would incentivize the use of hashtags (even generic ones) that is noticeable for less savvy users. So the photographer would have a reason to use #photography in their posts because now it has an obvious effect: it lets visitors see their portfolio. You may see someone that has these "My Hashtags" in their profile and think "wait, how do I add something like this to my profile?" and boom, now everyone discovers the feature and everyone uses them, and everyone is happy. Novel feature achieved. Bluesky becomes better than Twitter overnight.

slater

2 hours ago

> No way to bookmark posts yet. This should be easy to implement.

Seems to be doable? Right-click & copy link on the time of a post, e.g. https://bsky.app/profile/brainnotonyet.bsky.social/post/3l4o...

AlienRobot

an hour ago

Bookmarking in Twitter, Mastodon, and TikTok means to click a bookmark button in the post to save it to your bookmarks in your account, not to bookmark it in the browser.

slater

an hour ago

I see, got it.

diego_moita

3 hours ago

10 million Brazilians flocking away from Twitter into BlueSky is an argument that even Elon can understand.

In case anyone believes this is about "free speech": the jurisprudence for the Brazilian Supreme Court decision is American, in fact. It is a doctrine known as "clear and present danger" and was established by the SCOTUS in 1919, by Oliver Wendel Holmes Jr in "Schenk vs. United States"[1].

The U.S. Supreme Court already applied it a couple of times.

De Moraes argued (correctly, IMO) that Musk's non-compliance was a "clear and present danger" to Brazilian democracy.

[1] https://www.law.cornell.edu/wex/clear_and_present_danger

jakebasile

3 hours ago

It may be of note that Schenck was used by the government to argue that speech exhorting people to burn their draft cards was not protected speech. Spare me the "clear and present danger to democracy" nonsense.

ETA: It has also been essentially superseded in the US. See Brandenburg v. Ohio.

HideousKojima

6 minutes ago

Also of note, Schenck is where the (in)famous "fire in a crowded theater" line comes from. So any time that gets brought up in a debate about free speech, the only appropriate response is "Wait, you think protesting against the draft should be illegal?"

ks2048

2 hours ago

I don't know much about the Brazil case, but I think it's pretty clear it's not about "free speech" because he seems to treat countries very differently, depending on his personal opinion of the government in power (and who knows about any non-public deals).

Here's one article about blocking Modi critics in India: https://www.theguardian.com/world/2023/apr/05/twitter-accuse...

ks2048

2 hours ago

Here's another, more severe case, "Saudi Crown Prince Confirms Death Sentence for Tweets". And remember, one of the biggest X investors is a prominent Saudi.

https://www.hrw.org/news/2023/09/22/saudi-crown-prince-confi...

Musk's "commitment" to free speech is a joke.

Edit: This is a bit different of case - it's not X doing content moderation at behest of a government. One could claim Musk doesn't have control over what other countries do. But, he's constantly criticizing and calling-out politicians around the world. But, not a peep about Saudi Arabia. (as far as I know).

acchow

2 hours ago

It’s about each country’s own laws about free speech, not a universal free speech. He says countries have to pass laws if they want to restrict free speech and he will comply with those laws

ivewonyoung

2 hours ago

The article says this:

> Twitter sued the government in July over takedown orders, after the government introduced legislation in 2021 aimed at regulating every form of digital content, including online news, social media, and streaming platforms and empowering itself to remove content it deemed “objectionable”.

Looks like they tried but India and Turkey passed laws. In Brazil they believe the judge's actions were not lawful.

myth2018

2 hours ago

Also worth noting that Twitter's terms of use themselves also prohibit the very same sort of content that motivated the Supreme Court order.

mc32

3 hours ago

How was it a clear and present danger? I don’t see it.

If we’d considered subversive opinions clear and present danger and it was held up in court we may not have had a civil rights movement or a women’s suffrage movement, etc.

It’s like they like protests unless they disagree with the protests and then they label them threats to democracy.

user

2 hours ago

[deleted]

ivewonyoung

3 hours ago

Not true. It's like if a US Supreme Court justice got appointed the internet czar and started investigating, prosecuting and taking down things on the internet in secret without checks and balances.

That would never fly in the US.

Here's from an earlier comment:

Here's a good explanation of how the Brazilian Supreme Court did a creative and novel interpretation of the law to give itself powers to investigate and regulate the internet without law enforcement or legislative/executive involvement.

https://news.ycombinator.com/item?id=39966382

That's not enforcing the law.

As documented by the New York Times, the first thing the judge did after getting powers to censor was to call a Brazilian magazine article about the person that gave him those powers 'fake news' and got it removed. It later turned out that article was true so he had egg on his face and had to retract his censorship order.

> To run the investigation, Mr. Toffoli tapped Mr. Moraes, 53, an intense former federal justice minister and constitutional law professor who had joined the court in 2017.

> In his first action, Mr. Moraes ordered a Brazilian magazine, Crusoé, to remove an online article that showed links between Mr. Toffoli and a corruption investigation. Mr. Moraes called it “fake news.”

> Mr. Moraes later lifted the order after legal documents proved the article was accurate.

NYTimes article: https://archive.is/plQFT

How is the above 'clear and present danger' ? It's clear cut corruption.

user

3 hours ago

[deleted]

vt85

3 hours ago

[dead]

loceng

2 hours ago

[flagged]

jrflowers

2 hours ago

I have thought deeper and realized that one centralized website run by a guy that picks and chooses what I see based on the impulses of his ever-active id is an integral part of my moral worldview. It is ethically imperative that we toil in the posting mines of the doge man’s website so as to glorify Him with memes that do not offend Modi or Erdogan

loceng

2 hours ago

Humour isn't allowed on HN.

bakugo

3 hours ago

> De Moraes argued (correctly, IMO) that Musk's non-compliance was a "clear and present danger" to Brazilian democracy.

Democracy is when the government censors free speech, got it.

l33t7332273

2 hours ago

Do you think there is any speech that can be dangerous to democracy?

Do you think such speech should be allowed to exist?

jakebasile

2 hours ago

> Do you think there is any speech that can be dangerous to democracy?

No.

> Do you think such speech should be allowed to exist?

I don't trust anyone who claims to be an arbiter of what people can and cannot say.

yoavm

2 hours ago

I'm sorry for assuming this, but I think this could only come from someone that never felt like they're part of a threatened group. If people are marching the streets shouting "kill all the ${x}!", I very much feel like that's dangerous to democracy.

jakebasile

20 minutes ago

Would prohibiting such speech make the hate go away, or would it actually embolden the hate while allowing it to fester clandestinely, making it harder to prepare for if it comes to a head?

yoavm

8 minutes ago

Would make the hate go away - probably not. But in the country I grew up, for example, we had a prime minister assassinated in the 90s, and I think that many would agree that it was the calls in protests and the kind of symbols that were used that created the ground on which a political assassination could happen.

tbrownaw

2 hours ago

Are you familiar with the story of why the ACLU used to be so very respected? Or why they lost that status over things that would have been perfectly expected for other groups to do?

yoavm

3 minutes ago

I'm not from the US, so I might be missing your point, but if you're referring to neutrality around free speech then I guess the answer is yes? I'm not sure where you're heading though. I do think this is a very complicated issue, and drawing the line is hard and often contextual. But at the same time I feel quite certain that a line must be drawn.

user

2 hours ago

[deleted]

exe34

3 hours ago

as opposed to elon banning cisgender?

gordian-mind

2 hours ago

It's just a word

exe34

2 hours ago

you'd think as a free speech absolutist, he'd value the freedom behind each and every word. today it's just one word, tomorrow who knows?

bakugo

2 hours ago

Elon Musk is not the government.

inemesitaffia

2 hours ago

Gag orders and compelled speech.

wonder why a known corrupt judge doesn't want to make orders in his name. And is hiding rulings from those subject to the rulings.

Clearly improper.

jeffbee

3 hours ago

Yesterday, E. Musk quoted a Tweet that said if X capitulated to Brazil, we are all slaves. So I guess we are slaves now. I didn't make the rules.

The entire affair was pursued by Musk solely as a way to turn the handle on the vast right-wing noise machine, to give Shellenberger something to do.

loceng

2 hours ago

Ad hominem is ad hominem even if you think it's clever.

bbor

3 hours ago

lol, I know they’re just doing their job, but “in a surprising move” is funny commentary for this. Elon never had a plan at all other than vaguely rile people up — Brazil is a huge market, and despite his “go fuck yourselves” rhetoric, he’s still legally beholden to investors to try to make some of their money back. The only way he wouldn’t “capitulate” would be if Twitter folded before he could.

This of course doesn’t help his election-time rhetoric, but eh I don’t think facts matter that much for that, anyway. He still gets to shout about being silenced by evil socialist Brazil, even if he’s capitulated.

Hopefully Bluesky/the fediverse doesn’t lose the momentum they’ve gained there! I’m only familiar with Spanish-speaking South America, but I’m guessing Brazil still has a considerable anti-“imperialist west” (cough cough America) sentiment in the bedrock of its culture; intentionally and condescendingly flaunting their laws is not a good look, at all.

greiskul

2 hours ago

> anti-“imperialist west” America helped install the Brazilian military dictatorship, helped to train them in the use of torture against it's civilian population. You either are ignorant in not knowing the role the US has played around the world, in which case you need to be educated, or you support it, in which case you need to be fought.

chx

3 hours ago

> he’s still legally beholden to investors

Unless you have seen the contracts signed you can't know that. Xitter is no longer a public company and as a private company has absolutely no such requirement.

While Burwell v. Hobby Lobby might be controversial it is still remarkable coming from such a high court to include this:

> While it is certainly true that a central objective of for-profit corporations is to make money, modern corporate law does not require for-profit corporations to pursue profit at the expense of everything else, and many do not do so.

skybrian

2 hours ago

I think that quote is common sense, or should be. It’s only news for people who subscribe to certain myths widely circulated on social media about what for-profit companies are legally required to do.

exe34

2 hours ago

> Unless you have seen the contracts signed you can't know that

that's right, this is in fact a clever 4d chess move by Elon, who totally doesn't behave like a crack-addled loser, and he clearly won this round!

pessimizer

2 hours ago

You sound like the worst of twitter, here.

klyrs

2 hours ago

Elon Musk doesn't talk like that.

exe34

2 hours ago

he wouldn't want people deadnaming shitter, he reserves that honour for his own kid.

vuln

2 hours ago

> Unless you have seen the contracts signed you can't know that. Xitter is no longer a public company and as a private company has absolutely no such requirement.

Have you seen the contracts? How do you know there is _absolutely no such requirement_? Perhaps it’s not standard but private investment is private.

detourdog

2 hours ago

Some of his business partners chop up journalists which is another form of business incentive.

chx

2 hours ago

What I meant is that in general private companies have no requirements of making profit and I even have shown the SCOTUS stating so.

mc32

3 hours ago

Anti imperialist but if they had any chance they’d migrate to the great satan… oh people, such hypocrites.

detourdog

2 hours ago

Made it would be to vote and form a more perfect union.

mc32

2 hours ago

Yup, they’d make it in the image of the countries they come from because it’s they what they know and like.

It’s hard to teach a dog new tricks. People don’t change in the face of a new environment. This is illustrated by the fact emigrants tend to preserve their home culture with less change than the home country itself.

detourdog

12 minutes ago

I guess we disagree because my grandfather is from somewhere else and I was raised wrong.

alephnerd

3 hours ago

> anti-“imperialist west” (cough cough America) sentiment

There's a difference between fringe rhetoric and actions.

The only countries more pro-American than Brazil in polls are America and India [0], and ironically, the Anti-American rate is higher in America than in Brazil (where there's a large neutral/indifferent cohort in polls). In general, pro-American sentiment is somewhere between 63-73% in Brazil [0][1]

Most political "anti-American" rhetoric in Brazil is due to agrarian protectionism - the same as India - as regional BigAg are major political player in both countries.

Most Brazilians in the diaspora who can immigrate will immigrate to the US.

American companies and Brazilian companies have very close relations with each other (ever had a Budwesier, Blue Moon, Burger King, or Popeye's? They're majority owned by Brazilian PE funds).

Finally, most of the underlying support for Lula comes from his "Bolsa Familia" program in the 2000s.

This lie of Brazilian or Indian anti-Americanism only went into overdrive on Reddit and then HN because of their indifference to the Russia-Ukraine war, as they have investments in both sides.

[0] - https://pro.morningconsult.com/articles/united-states-favora...

[1] - https://www.pewresearch.org/global/2023/11/06/comparing-view...

pessimizer

2 hours ago

> He still gets to shout about being silenced by evil socialist Brazil, even if he’s capitulated.

Socialist? This victim narrative is bizarre. There is almost no one outside of Brazil who supports what Moraes is doing, most people inside Brazil are against it (even on the face of it, Lula only won by a hair and half of the population are Bolsonaristas, and a significant number of the rest have free speech as a principle), and more than twice as many Senators in Brazil are for impeachment than are against*.

Pretending that this is some crusade by the evil right wing of the world directed by their leader Elon Musk against the socialism is bizarre, bad faith, and encouraged by anyone who supports the ban.

> He still gets to shout about being silenced by evil socialist Brazil, even if he’s capitulated.

Brazil didn't silence Musk, who can speak and be heard wherever he wants, whenever he wants. Brazil silenced Brazilians, and cut them off from the world. Musk is just some dickhead whose business has been going extremely well over the past decade or two, and is not the world representative of free speech. He's a pretense whose use by antidemocratic forces almost managed the achievement of banning all VPN usage in Brazil.

I wonder who is going to get the contract to build the Great Brazilian Firewall, seeing as the twitter ban was spotty and VPNs were still a way around it? Will it be a US company?

[*] https://veja.abril.com.br/coluna/marcela-rahal/qual-placar-s...

dachworker

2 hours ago

Musk claimed on the All In podcast, that he was merely trying to abide by the law, and that the situation that arose was that the government was requesting action that went against the laws of the same country. I don't know how true that is, but it sounds plausible. He also made it clear that the policy was not "free speech by US standards" but rather allowing speech up till what is permitted by every respective country. That sounded way more reasonable to me than what I have heard before on the issue.

JumpCrisscross

2 hours ago

> the situation that arose was that the government was requesting action that went against the laws of the same country

There is no jurisdiction in which blowing off a court is a legitimate reaction to perceived lawlessness. Or more accurately, there is no jurisdiction where doing so doesn’t legitimately bring down on you the full force of the state. To do anything else is to cede the rule of law.

dachworker

2 hours ago

I'm not an expert on this topic. But I can conceive of a situation where the judiciary and the executive branches are butting head against each other and one finds it hard to figure out who to listen to. Didn't this exact situation arise in the US during the Trump administration?

JumpCrisscross

2 hours ago

> can conceive of a situation where the judiciary and the executive branches are butting head against each other and one finds it hard to figure out who to listen to

Sure. You still show up.

If the executive orders you not to show, you have a constitutional crisis and the rule of law has broken down. But that didn’t happen here. (Note: the court’s orders may be illegal. But not showing up and then complaining about sanctions is incoherent.)

_3u10

2 hours ago

There's lot of jurisdictions, United States has great jurisprudence on this dating back to July 4th, 1776. France, Great Britain, Paraguay, Brazil, Argentina, all of latin america in fact, have examples of using this legal strategy effectively.

Venezuela may overrule the courts later this year.

Judge not lest ye be judged yourself.

JumpCrisscross

2 hours ago

> United States has great jurisprudence on this dating back to July 4th, 1776

Revolution isn’t a legal strategy. (It’s a political one.)

There is political precedent of blowing off courts. But that is almost always a unilateral challenge to a system’s rule of law. That’s what Musk alleged. But complaining about sanctions when engaging in ersatz revolution is like complaining about arrest when engaging in civil disobedience—it’s the expected result. (See: Google in China.)

_3u10

2 hours ago

Under UK law, and court rulings dating back to the trial of King Charles, parliament is supreme and authorized the revolution, it’s a legal strategy.

JumpCrisscross

an hour ago

> parliament is supreme and authorized the revolution, it’s a legal strategy

You’re referring to the Trial of King Charles I? That legally wasn’t a revolution, but an act of the sovereign Parliament. (It also didn’t happen in America or in 1776.)

It’s actually quite relevant, given Charles I refused to acknowledge the Commons’ legitimacy. He was executed. And the entire thing is deemed legal.

_3u10

an hour ago

Yup that’s what I was referring to

JumpCrisscross

an hour ago

Sure. Musk is playing Charles I. The English king who took up arms at the head of a foreign army against his own people and didn’t recognise the legitimacy of an elected government because god said he shouldn’t have to.

vjfms

2 hours ago

bs, doxxing campaign happening in twitter against government officers is not freespech