A Legal Loophole Exploited by Tech Giants Puts the Supreme Court 48 Hours From Accidentally Undermining the Foundation of Social Media and the $250B Creator Economy
WASHINGTON, DC / ACCESS Newswire / December 3, 2025 / A massive coalition representing and advocating for the future of the internet-including the the Digital Chamber of Commerce, the OpenSource AI Foundation, and top Creator Economy advocates-is at risk of being procedurally silenced at the U.S. Supreme Court this week.
Rogozinski Ruling
In the case Rogozinski v. Reddit(No. 25-568), Reddit Inc. involving a trademark ownership dispute over WallStreetBets, the brand created by Rogozinski, has invoked a “Waiver of Response,” a strategic maneuver that accelerates the Court’s decision timeline to Friday, December 5. This move effectively outruns the filing deadline for five critical Amicus Curiae briefs scheduled for submission next week.
The “Rogozinski Ruling”: Petitioner is concerned that if the Court declines review this Friday without supporting briefs, it will cement the the a Ninth Circuit precedent stating that social media platforms effectively own the trademarks, brands, communities and other forms of intellectual property they host. The Writ of Certiorari submitted earlier last month summarizes the risk as follows:
“In holding that Reddit, not Rogozinski, owns the trademark in WALLSTREETBETS, the Ninth Circuit has shattered competition in the online creator economy and greenlit tech companies to usurp the ownership rights of creators.”
“This is a systemic threat to the $250B Creator Economy,” says Rogozinski. “By waiving their response, Justices must vote in a vacuum, shielding them from the economic and technological consequences detailed in the incoming briefs.”
The five organizations attempting to weigh in cover a wide spectrum:
The Digital Chamber of Commerce: Addressing the threat to digital business formation.
OpenSource AI Foundation: Addressing risk to open-source ecosystem
Own Your Data Foundation: Highlighting the risks to user data ownership.
Digital Asset Trade Association: Addressing risks to digital Assets.
Glazers Media: Representing the immediate danger to content creators and influencers.
Rogozinski is hoping for the Supreme Court to issue a “Call for Response.” This standard order would reset the procedural clock, allowing the filed Amicus briefs to be considered as part of the deliberation process.
If the “Rogozinski Ruling” stands, it effectively consolidates unprecedented power inside social media platforms and placing the balance of power between creators and the hosting platforms at stake. It allows platforms to remove creators, claim ownership of brands built by their creators, and retain immunity as a neutral “intermediary” under Section 230, as Reddit did with Rogozinski. While the statute remains unchanged, its practical scope is dramatically expanded: platforms gain benefits of both publisher and owner without responsibilities of either. The result is a structural shift in the creator economy, where platforms can legally absorb the value of user-built brands, redefine ownership after the fact, and render control contingent on platform discretion, further concentrating economic and cultural power in fewer corporate hands, stifling incentives for content creators innovate in this growing financial sector.
For more: wallstreetbets.net
SOURCE: WSB Global, LLC
