Elon Musk Bernard Arnault
Elon Musk's X faces a double-edged sword: a legal battle with Bernard Arnault over copyright and a declining user base post-election. Twitter / @aplasticplant

The escalating legal dispute between Bernard Arnault, Europe's wealthiest man and head of LVMH, and Elon Musk, the billionaire owner of social media platform X, has captured global attention. The case, centred around copyright issues, highlights Arnault's fight for media rights against Musk's company in a Paris courtroom. The lawsuit reflects both the power struggle between these two business magnates and the broader tensions around digital content rights in an era of rapid online expansion.

Copyright Clash: Arnault Takes Legal Action

The dispute began when Arnault, the luxury magnate behind brands like Louis Vuitton and Christian Dior, accused Musk's X (formerly known as Twitter) of using content from his newspapers, Le Parisien and Les Echos, without the required permissions or payments. Arnault's legal action, which also includes other prominent French newspapers such as Le Figaro and Le Monde, alleges that X has breached copyright regulations by failing to compensate publishers for reusing their content, a right granted under European law since 2019.

According to MSN, this case follows a favourable ruling for the publishers from a Paris judicial court in May, which mandated that X must provide commercial data to various French news organisations within two months. Despite this, the newspapers claim X has shown "consistent evasion" of its legal responsibilities, prompting Arnault and other plaintiffs to take formal legal action. The lawsuit is set to proceed in Paris next May.

A Billionaire Showdown: Arnault vs. Musk

This case brings two of the world's wealthiest individuals head-to-head in a high-stakes courtroom drama. Arnault and Musk have frequently traded positions as the world's richest man. Currently, Musk holds the title, with a net worth that has risen by $105.5 billion in 2023, reaching approximately $334.5 billion. This increase follows the recent US presidential election, in which Musk, a vocal supporter of Donald Trump, is reportedly anticipated to take a senior role within the new administration.

In contrast, Arnault's fortune has declined by $36 billion this year, largely due to decreased demand from Chinese consumers for luxury goods, leaving his net worth around $171.5 billion. This shift reflects the challenges faced by global luxury markets, especially in key areas like China.

Musk's X Faces Ongoing User Decline Amid Legal Woes

While X contends with Arnault's legal actions, Musk's platform is also dealing with a decline in user engagement following the US elections. According to Quartz, X achieved record-high web traffic in the United States following the election but also saw a dramatic increase in user deactivations. On November 6, over 115,000 US-based users deactivated their accounts, marking the highest exit rate since Musk took over the platform.

This trend of users leaving X is partly attributed to Musk's political leanings and controversial leadership style, which have alienated a segment of the platform's audience. David Carr, an editor at Similarweb, described the day following the election as "the biggest exit we've seen over the last couple of years." Despite the high level of web traffic, X has struggled to retain users, particularly those who disagree with Musk's politics or his hands-on approach to content moderation and policy changes.

The Legal Stakes: French Publishers Demand Compensation

The legal conflict stems from a 2019 European directive that grants newspapers, magazines, and press agencies the right to receive compensation when digital platforms reuse their content. Unlike Google and Meta, which have agreed to negotiate with French news publishers, X has reportedly resisted such negotiations, leading to the current lawsuit. Arnault's newspapers argue that the revenue from these rights would support media plurality, independence, and quality, all vital for freedom of expression in democratic societies.

In a statement, the group of French newspapers explained, "The revenue from these rights, with the investment that it would enable its beneficiaries to make, is a boost to the plurality, independence and quality of the media, which are essential for freedom of expression and the right to information in our democratic society." This demand for transparency and fair compensation has broader implications, signalling to other digital platforms the importance of upholding copyright laws when using journalistic content.

The Broader Implications of Arnault vs. Musk

This lawsuit could set a precedent for future cases, especially as digital platforms face increasing scrutiny over content rights and revenue sharing. As Arnault's newspapers continue to press X for compensation, other news organisations worldwide are watching closely. For publishers, this case is about much more than compensation—it's about enforcing media rights and holding digital giants accountable for fair use of content.

In the months ahead, Musk's X is likely to mount a rigorous defence against Arnault's claims. However, as the legal process unfolds, both sides face significant reputational risks. Arnault's pursuit of justice for his media companies underscores a determination to defend content ownership in the face of powerful tech platforms, while Musk's handling of X's obligations could affect the platform's standing with both users and global publishers.