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Re:FCC to move ahead with 'rulemaking' on Section 230 by guscost on Friday October 16, 2020 @10:28AM (#24801104)
> Twitter does not enjoy immunity for content that they themselves produce

Exactly. If the law is not changed, any challenge would hinge on the court defining their curation process as an act of production. It may not be as far-fetched as you think: DJ Shadow can copyright a song made entirely from snippets of other recorded music.

For the record, I think the law should be changed. Twitter is categorically different from a small/personal website. You could argue that it is a natural monopoly.

Re:FCC to move ahead with 'rulemaking' on Section 230 by jakelazaroff on Friday October 16, 2020 @11:28AM (#24801760)
> Exactly. If the law is not changed, any challenge would hinge on the court defining their curation process as an act of production.

Any challenge to what? I don’t understand what you’re proposing here. Even if Section 230 were repealed, Twitter would be perfectly free to e.g. censor all conservative content. The issue is that by doing so, they might be liable for unrelated content they allow that ends up being defamatory.

> Twitter is categorically different from a small/personal website. You could argue that it is a natural monopoly.

This would be a hard argument to make. There are hundreds of competing social networking communities, some of which are even bigger!