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I'm not defending them here, but the laws in China prevent a sale, so technically they have a duty to uphold China's laws first before upholding their fiduciary responsibility. Same with any American company and following American laws.



> the laws in China prevent a sale

First I've heard of this.

The conflicting legal obligations remind me of the Microsoft "safe harbour" case, which is becoming a lot more relevant and still isn't really adequately resolved.


They’re confusing the US TikTok subsidiary with ByteDance parent organization. They were only required to sell the subsidiary.

Ironically this would be enforcing the very same law that exists in China, where all companies have to be majority Chinese owned.


I believe the law mentioned here isn't focused on which organization it is. The law itself basically said you can't export recommendation algorithm. Yes, in the very similar wording as in "you can't export certain GPU chips".


Which is fine. The whole point of the divestment was to NOT use the CCP-controlled recommendation algorithm.


Does this mean they would be obligated to censor tank man content in the US at the CCP's request?


When I worked for an American subsidiary of a Chinese company (Video Games) we were only required to honor censorship requests for Chinese users.


That's a policy decision by the Chinese government. They still have the authority, but the Streisand effect makes blunt censorship counterproductive in an open society. For example, TikTok took down the viral "Uighur makeup tutorial" but quickly reinstated it after the backlash. That backlash couldn't occur in China, but it can in the USA for as long as uncensored outlets exist.

Subtler manipulation still works great, and the opacity of algorithmic content recommendation makes that an ideal instrument. Nobody outside ByteDance knows to what extent the CCP is putting its thumb on that scale already, but they certainly have the power to.


If we're talking about the same video, the reason they initially took it down is because she had pictures of Bin Laden and was praising him.


I'm talking about this one:

https://newsroom.tiktok.com/en-us/an-update-on-recent-conten...

A different account operated by the same user was banned for something relating to an image of bin Laden in a different video. I've been unable to locate that video. I haven't found any reference stating that she praised him. She described her use of that image as satirical, and TikTok itself seems to recognize that (but stands by that ban):

> *While we recognize that this video may have been intended as satire, our policies on this front are currently strict.

In any case, the video in question is the Uighur one. TikTok quickly stated that one was a "human moderation error" and reversed it. My point is irrespective of whether their rules were morally correct or correctly applied, though--whatever those merits, they clearly drew more attention to the topic by censoring here, not less. So it's not surprising they don't apply blunt Chinese-style censorship outside China, since it's counterproductive without Chinese-style control of all major media.


They’re majority owned by non Chinese investors. I don’t see how china law would have any say.


Google "Golden Share CCP ByteDance". CCP has direct influence over how ByteDance is run.


Shares aren’t the sole mechanism for influence though. In Russia there are open sixth floor windows one could fall out of. In China you could disappear to a camp for a few months. Shares are kind of soft in comparison.


lol no.


Chinese laws are whatever Xi says they are, so that's where Trump negotiating a deal for himself / his rich buddies comes into play..


This is correct. His power is effectively absolute. Any time his eye focuses on an issue, the issue is resolved to his specification or heads roll and another puppet is appointed to resolve it so.


I spoke a few years back with a tech analyst who specialized in Chinese equities. She herself is a Chinese ex-pat living in the states. She, quite exasperatedly described investing in Chinese equities as "you basically need to guess what Xi is thinking".

One day test prep schools are illegal and immediately shut down. Tech CEOs suddenly became pariahs and started getting carted off to re-education camps. Etc.

You never know what could happen to an executive, company, or sector.


I think that's a major part of the concern. Their first duty is to the Chinese Communist Party. Historically all sources of information in communism have to serve the goals of the party above all else, and this is tightly controlled.


The CCP doesn’t run a communist nation.


China is technically a multi party democracy, however the CPC does control the PLA (imagine if Republicans controlled the military, and that would be like China).


This is well outside my area of expertise, so please correct me if I'm wrong. But my understanding was that the legal parties are all subservient to the CCP and acknowledge their primacy.

So functionally maybe a little like Albertson's is the only legal party, but if you prefer your region can have a subsidiary of Albertson's like Safeway or Shaw's.


Officially no, effectively yes. It is not like they have meaningful elections, so a lot of power brokering is done behind doors. They do, however, provide minority parties with a quota of seats, although they effectively don't have decision making power (like the governor of a province vs. the CPC chairman of the province).


China is authoritarian no doubt, but clearly there are different forms of authoritarianism. Monarchy isn’t communism either. In principle, communism can’t exist under an authoritarian state, since that would create two classes; you’d be looking at some kind of socialism. Either way, I’d just point out that China has a brutal capitalist market. I feel like that kinda precludes communism.


Communism is whatever someone says it to be, so it isn't a very meaningful label. The term socialism is used a lot more than communism these days, although the party hasn't changed their name.

If you read Marx, communism isn't possible to achieve until after capitalism has run its course, so the way things are in China ATM are perfectly at harmony with that.


Communism has a definition. In the same vein, when someone says “democracy,” you can know roughly what they mean without knowing, eg, is it a representative democracy, is it a republic, does everyone vote together on all issues in a town square. Communism has basic characteristics involving the abolition of private property (not the same as property) and class. China has moved away from socialism to a kind of state capitalism over decades, and I don’t remotely understand why we’d call it communist.


Again, if you read Marx he claims that successful communism comes after capitalistic development. The communist party can take communism as an eventual goal instead of as a necessary truth right now, since the latter has always ended in disaster and the former puts off communism until later. The communist party is most definitely focused on communism as a goal, its goal is turn China to communism when its ready, China is not communist ATM.


Yes, that’s why I said at the outset that the CCP doesn’t run a communist country. That’s also a pretty funny idea; the CCP is cultivating a brutal capitalism to encourage a worker revolution into socialism against, uhh, themselves? By this logic the US is communist.


Yes I'm aware this trope is applied to every communist country that's ever existed. I've never been in a conversation where it added anything.

It's like saying the Pope isn't Christian. It's really a hidden statement about gatekeeping.


But then how can you use it the other way around, to say that it is bad?


I think the same way we can talk about monkeys or squirrels. It's a family tree of related ideas. But there's no official checklist of features it has to have.

To give an example for comparison, a lot of people want to say socialism is about workers controlling the means of production. But that doesn't come close to covering all of the things that were called socialism that existed before someone proposed that definition.

With communism it's similar but at least I'm not aware of any one jingle that people are pushing as the one true definition.

But there are definitely lots of people who want to say they understand Marx better than everyone else and the Soviet Union doesn't count as communist because of x. China doesn't count as communist because of y. Etc etc. it's a way to preserve an identity as a communist without having to admit there are any downsides.

For what it's worth I'd argue that capitalism is even less well defined and I've heard it used to describe every economic system that's ever existed including all communist countries.


>it's a way to preserve an identity as a communist without having to admit there are any downsides.

That’s not what I did, and I’m not a communist. I’m specifically talking about China because people use the label, deeply incorrectly, to portray them as a threatening other, as though they work in a super different way to us and threaten our way of life.

> But there are definitely lots of people who want to say they understand Marx better than everyone else and the Soviet Union doesn't count as communist because of x. China doesn't count as communist because of y. Etc etc.

Im no scholar, but I’m pretty damn certain you can’t have a strong free market, alongside the consequent wealthy capitalists, under communism. Words have meanings, and that’s not what anyone or their mother would think of as communism.


It’s not a hidden statement about anything. China is not communist; communist means something. North Korea isn’t a democratic republic; that also means something. We can go into definitions if you want, but I think this is trivial to observe for China.

Edit: I think the distinction is important because the US has a tendency to label things communist before it goes to war with them, whether cold or hot.


Guess the Democratic People's Republic of Korea is also democratic then.

See, names are meaningless.


Yeah, worse, the CCP runs a neoauthoritarian state built in the exact same vein of Project 2025, only with "chinese characteristics".


Yeah they’re communist like FedEx is federal.




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