So I don’t quite know what’s in Elon Musk’s counter-suits against Twitter – they are still blocked – but I got an idea today, when Twitter dropped his response. It’s hot! Instead of letting Musk get his grievances out first, Twitter came forward and issued a quick response, you’d better have flooded Elon along the way.
I love this:
Counterclaims are a tale prepared for litigation that goes against evidence and common sense
Legal documents usually contain vague, passive-aggressive prospects on the other side. However, Twitter’s lawyers came vacillating in response to Musk’s counterclaims. Perhaps this is because they know how many people will read these documents; Maybe just because they are mean in dealing with others.
We picked our favorite clips on the papers, and are showing them here for anyone who might be interested.
So you may remember that Musk’s supposed reason for releasing him on Twitter was because of “false and misleading Twitter statements.” This data relates to spam and bot accounts, and was part of what Musk’s lawyers brought during the hearing that set a trial date for October.
Twitter briefly walks the court through its procedures, papers, and disclosures in past SEC filings. Twitter notes that “Musk does not identify any false or misleading statement of fact in this disclosure.” So where do his strange numbers come from? Well, they don’t know, because:
Musk does not measure the same as Twitter or even use the same data as Twitter.
Twitter goes on to suggest that Musk deliberately distorts these numbers in order to “make waves.” Then you say, “Who’s the robot now, exciting stuff?”
Mask’s “preliminary expert estimates” are nothing more than the product of running erroneous data through a generic web tool. … Emphasizing the unreliability of Musk’s conclusion, he relies on an internet app called a “botometer” – which applies different criteria than those used by Twitter and which earlier this year identified Musk himself as very likely a bot.
I can’t explain how I find this funny? Musk’s fictitious, secretive, and “proprietary” analysis of Twitter data was to me A site called Botometer.
This, for my money, is the funniest part of the document. Here are some of the things Twitter wants to admit is true:
Twitter acknowledges that Musk is a Twitter user and has founded several companies.
Twitter admits that its work is complex.
Twitter acknowledges that Musk is a Twitter user and has over 100 million followers
Twitter admits that it detects and removes spam from its platform
But Twitter “otherwise lacks sufficient knowledge or information to form a belief” about whether Musk believed in free speech and open debate, whether he valued Twitter as a town hall, or that Twitter was a natural choice for him to invest in. Subsequently, Twitter acknowledges that Musk “tweets frequently.” He does it once in those words and once like this:
Twitter acknowledges that Musk actively uses Twitter and that many people believe that open speech is essential to a functioning democracy.
Does Twitter believe that open speech is necessary for a functioning democracy? Dunno, but they can’t form beliefs about whether, for Musk, “eliminating free speech is a cure worse than disease.”
Twitter acknowledges that it did not provide the information in the April 28, 2022 press release to the Musk parties prior to signing the merger agreement and before the parties had a non-disclosure agreement.
Sorry, this might be the funniest Twitter Confess: Yes, we didn’t give him the press release until after the non-disclosure agreement was signed. Now, this is a response to Musk’s complaint that he didn’t get an alert when Twitter announced that it miscalculated its daily active users for several years. But it makes a lot of sense to me not to tell people with strong Twitter habits and poor impulse control until they sign non-disclosure agreements.
Or maybe this. Musk’s lawyers wrote that because Musk thought due diligence was “expensive and ineffective,” so he didn’t.
Twitter acknowledges that the Musk parties refused to perform any due diligence prior to signing the merger agreement.
Oh man, I mean, sometimes it’s just a pain when your opponent agrees with you, right?
Twitter acknowledges that on July 8, 2022, the defendants claimed to terminate the merger agreement, that Twitter subsequently sued for specific performance of the merger agreement, and that the defendants filed counterclaims.
Oh yeah, well, Twitter admits to having this case.
Well, then remember to dance a will or not dance about joining your mask to the board? Twitter does!
Musk suddenly changed his mind about joining Twitter’s board (after first negotiating an offer to join the board, accepting it in writing, and tweeting that he was “looking forward” to the position), notifying Mr. Agrawal of this, and also notifying Mr. Agrawal of his intent to make an offer to buy Twitter.
Because Musk did not recognize any false or misleading statements made by Twitter, Twitter was concerned about his withdrawal from the acquisition:
Musk has now invented this new excuse to avoid the merger agreement, as these supposed errors are not mentioned anywhere in his July 8 letter to Twitter in which he explained the grounds for the alleged termination of the merger agreement, nor in any other communication with Twitter since he signed the merger. an agreement. In any case, Twitter has never made the disclosures that it now asserts are false.
In Musk’s claim, his lawyers wrote that “Twitter’s core business is to operate the microblogging social network where users share 280 personal messages called ‘tweets.’ Twitter gleefully denies this.”
[Twitter’s] The primary product, Twitter, is a global platform for real-time self-expression and conversation, including in the form of tweets. Furthermore, tweets are a maximum of 280 characters in length.
Wondering what ‘social network’ and ‘microblogging’ mean to a Twitter lawyer?
Honestly, I don’t think this one needs more context. I’m just amazed that I don’t see a real emoji in the registry:
On May 16, 2022, Mr. Musk publicly responded to a Tweet Thread with a poo emoji.
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