So I am unsure precisely what’s in Elon Musk’s counterclaims in opposition to Twitter – they’re nonetheless beneath seal – however I had an concept immediately when Twitter dropped its response. It is spicy! Quite than letting Musk air his complaints first, Twitter went forward and posted a blow-by-blow response, finest to dive into Elon alongside the best way.
I like this :
Counterclaims are a story made for litigation that’s contradicted by proof and customary sense
Normally, authorized paperwork comprise obscure and passive-aggressive digs in opposition to the opposite celebration. Twitter’s attorneys, nonetheless, spoke out of their response to Musk’s counterclaims. It could be as a result of they know the way many individuals will learn these supplies; possibly it is simply because they’re interpersonally imply.
We have picked our favourite passages from the paperwork and current them right here for anybody who is likely to be .
So that you may recall that the alleged cause Musk stop Twitter was due to Twitter’s “false and deceptive statements”. These statements must do with spam and bot accounts, and had been a part of what Musk’s attorneys delivered to the listening to that set a trial date in October.
Twitter briefly walks the court docket via its course of, paperwork, and disclosure statements in earlier SEC filings. “Musk doesn’t establish any false or deceptive statements of truth on this disclosure,” Twitter notes. So the place do these bizarre numbers come from? Effectively, they do not know as a result of:
Musk does not measure the identical as Twitter and even use the identical information as Twitter.
Twitter goes on to counsel that Musk intentionally misrepresents these numbers to “trigger waves.” After which he goes, “Who’s the bot now, scorching factor?”
Musk’s “preliminary professional estimates” are nothing greater than the results of working defective information via a generic net software. … Confirming the unreliability of Musk’s conclusion, he depends on an Web utility referred to as “Botometer” – which applies completely different requirements than Twitter and which earlier this 12 months named Musk himself as most definitely a bot.
I am unable to clarify how humorous I discover this? Musk’s fanciful, covert and ‘proprietary’ evaluation of Twitter information was a web site referred to as Botometer.
That is, for my cash, the funniest a part of the doc. Listed below are some issues Twitter is prepared to confess to be true:
Twitter admits that Musk is a Twitter person and has based a number of corporations.
Twitter admits that its enterprise is complicated.
Twitter admits Musk is a Twitter person and has over 100 million followers
Twitter admits it detects and removes spam from its platform
However “Twitter in any other case lacks ample information or info to type a conviction” about whether or not Musk believes in free speech and open debate, whether or not he values Twitter as a city corridor, or that Twitter was a pure choice for him to speculate. Later, Twitter admits that “Musk tweets ceaselessly”. He does it as soon as in these phrases and as soon as like this:
Twitter admits that Musk actively makes use of Twitter and that many individuals imagine open speech is important to a functioning democracy.
Does Twitter suppose open speech is important to a functioning democracy? I do not know, however they cannot type an opinion on whether or not, for Musk, “the elimination of free speech is a remedy worse than the illness.”
Twitter admits that it didn’t present the data contained within the April 28, 2022 press launch to the Musk events previous to the signing of the merger settlement and previous to the events having a nondisclosure settlement in place.
Sorry, that is likely to be the funniest “Twitter admits” to say: yeah, we did not give him the press launch earlier than he signed the NDA. Now that is in response to Musk complaining that he was not notified when Twitter introduced that it had miscounted its every day lively customers for a number of years. But it surely makes fairly good sense to me to not inform folks with robust Twitter habits and poor impulse management till they’ve signed NDAs.
Or possibly it is this one. Musk’s attorneys wrote that as a result of Musk thought the due diligence was “costly and ineffective”, he subsequently did not do it.
Twitter claims the Musk events refused to undertake any due diligence earlier than signing the merger settlement.
Man, I imply, typically it simply stings when your opponent agrees with you, huh?
Twitter admits that on July 8, 2022, the defendants presupposed to terminate the merger settlement, that Twitter subsequently filed a lawsuit looking for particular efficiency of the merger settlement, and that the defendants filed calls for counterclaims.
Oh sure, nicely, Twitter admits that this case exists.
Alright, so keep in mind the will-or-not-will dance about Musk becoming a member of the board? Twitter does it!
Musk abruptly modified his thoughts about becoming a member of Twitter’s board (after first negotiating a proposal to hitch the board, accepting it in writing, and tweeting that he was “desperate to take the job), knowledgeable Mr. Agrawal of the identical, and in addition knowledgeable Mr. Agrawal of his intention to make a proposal to purchase Twitter.
As a result of Musk didn’t establish any false or deceptive statements made by Twitter, Twitter turned snide about his withdrawal from the acquisition:
Musk simply invented this new pretext to keep away from the merger settlement, as a result of these supposed inaccuracies are nowhere talked about in his July 8 letter to Twitter explaining the grounds for his alleged termination of the merger settlement, nor in every other communication with Twitter because the signing of the merger. OK. In any occasion, Twitter by no means made the revelations it now claims to be false.
In Musk’s declare, his attorneys write that “Twitter’s core enterprise is the operation of a microblogging social media community the place customers share 280-character messages referred to as ‘tweets’.” Twitter denies this, hilariously.
[Twitter’s] foremost product, Twitter, is a world platform for real-time self-expression and dialog, together with within the type of tweets. Twitter additional claims that Tweets have a most size of 280 characters.
I ponder what “social community” and “microblogging” imply to Twitter attorneys?
I do not suppose this one wants extra context, truthfully. I am simply shocked that I do not see an actual emoji within the folder:
On Might 16, 2022, Mr. Musk publicly replied to this thread with a poo emoji.
#Tops #burn #Twitter #attorneys #deployed #deny #Elon #Musk #claims