So I don’t know exactly what happened with Elon Musk’s allegations against Twitter – they’re still under seal – but I got a clue today when Twitter left its response. Spicy! Rather than let Musk voice his grievances first, Twitter went ahead and posted a better blow-by-blow response to dunk Elon along the way.
I love it:
Counterclaims is a story made for litigation that contradicts evidence and common sense.
Often legal documents contain in them mysterious, passive-aggressive digs for the other party. But Twitter’s lawyers were swayed in their response to Musk’s counter-claims. Maybe it’s because they know how many people will read these documents; maybe it’s just because they’re bad interpersonally.
We have selected our favorite passages in the paperworkand we showcase them here for anyone who may be interested.
So you may remember Musk’s hypothetical motive. bail on twitter It happened because of Twitter’s “false and misleading statements”. These statements are about spam and bot accounts and were part of what Musk’s lawyers revealed during the hearing. October set a trial date.
Twitter briefly takes the process, paperwork, and disclosure statements from previous SEC filings to court. “Musk does not identify any false or misleading factual statements in this statement,” Twitter said. So where do his odd numbers come from? They don’t know because:
Musk doesn’t measure the same thing as Twitter, or even use the same data as Twitter.
Twitter claims that Musk deliberately distorted these numbers to “make waves.” And then, “Who’s the bot now, hot stuff?” says.
Musk’s “preliminary expert estimates” are nothing more than the output of running false data through a public web tool. … Confirming the unreliability of Musk’s conclusion, he relies on an internet app called “Botometer”, which applies different standards than Twitter, which earlier this year said Musk himself was more likely to be a bot.
I can’t tell you how funny I find this? Fancy, secret, “proprietary” analysis of Musk’s Twitter data, and website called Botometer.
This is the funniest part of the document for my money. Here are some things Twitter is willing to admit to be true:
Twitter admits that Musk is a Twitter user and has founded several companies.
Twitter admits its business is complex.
Twitter admits Musk is a Twitter user and has more than 100 million followers
Twitter admits to detecting and removing spam from its platform
But whether Musk believes in freedom of speech and open discussion, appreciates Twitter as a town hall, or whether Twitter is a natural option for him to invest in, “Twitter doesn’t have enough information or knowledge to form any other belief. “. Later, Twitter admits that “Musk tweets often.” He does it once with these words and once with:
Twitter acknowledges that Musk actively uses Twitter and that many people believe open speech is essential to a functioning democracy.
Does Twitter believe that open speech is necessary for a functioning democracy? Dunno, however, are unable to form beliefs about whether “destroying free speech is a worse cure than disease,” according to Musk.
Twitter acknowledges in its April 28, 2022 press release that it did not inform Musk Parties before the Merger Agreement was signed and a confidentiality agreement was made between the parties.
Sorry, this might be the funniest simplicity of “Twitter admits”: yes, we didn’t give her the press release until we signed her Non-Disclosure Agreement. Now, this is in response to Musk complaining about when he didn’t hear back. Twitter announced that it incorrectly counted its daily active users. a few years. However, it seems reasonable to me to say nothing to people with strong Twitter habits and poor impulse control until they sign a Non-Disclosure Agreement.
Or maybe this. Musk’s lawyers wrote that he did not do so because Musk felt that due diligence was “costly and inefficient.”
Twitter reported that the Musk Parties refused to do any due diligence prior to signing the Merger Agreement.
Dude, I mean it sometimes bothers you when your opponent agrees with you, right?
Twitter acknowledges that on July 8, 2022, Defendants claimed to have terminated the Merger Agreement, Twitter subsequently sued for certain performance of the Merger Agreement, and Defendants counter-sued.
Ah yes, well, Twitter admits that this case exists.
Musk abruptly changed his mind about joining Twitter’s board (after first making an offer to join the board, accepting it in writing, and tweeting that he was “waiting” to take the position), Mr. Agrawal is the same and also Mr. Refusal of intention to make an offer to acquire Twitter.
Since Musk did not detect any false or misleading statements Twitter made, Twitter was stingy in withdrawing from the purchase:
Musk has now invented this new excuse to avoid the merger deal, as these alleged inaccuracies are not mentioned in his July 8 letter to Twitter explaining the grounds for the supposed termination of the merger agreement, or in any communication with Twitter since the signing of the merger. agreement. In any case, Twitter has never made statements that it currently claims are false.
In Musk’s claim, his lawyers write that “Twitter’s primary job is to operate a microblogging social media network where users share 280-character messages called ‘tweets’.” Twitter hilariously denies this.
[Twitter’s] The primary product, Twitter, is a global platform for real-time self-expression and conversation, including Tweets. Twitter also states that Tweets have a maximum length of 280 characters.
I wonder what “social network” and “microblogging” mean to Twitter’s lawyers?
To be honest, I don’t think this needs any more context. Surprised I didn’t see a real emoji in the filing:
On May 16, 2022, Mr. Musk responded to this Tweet Thread in front of everyone with a poop emoji.