TIMES.KY

Cayman Islands, Caribbeanand International News
Friday, Mar 24, 2023

Musk wants public debate with Twitter CEO instead of that upcoming court trial

Musk wants public debate with Twitter CEO instead of that upcoming court trial

Debate will happen at the Delaware Court of Chancery.

Elon Musk, unsatisfied with the ongoing court case over his attempt to break a $44 billion merger contract, has challenged Twitter CEO Parag Agrawal to a public debate.

"I hereby challenge @paraga to a public debate about the Twitter bot percentage," Musk wrote in a tweet on Saturday. "Let him prove to the public that Twitter has <5% fake or spam daily users!"

Of course, a Musk/Agrawal debate is unlikely to happen, and Musk's proposed debate would not be likely to prove any facts about Twitter spam that couldn't be proven at trial. Musk, Agrawal, or both could also choose to testify at the upcoming trial in the Delaware Court of Chancery. CNBC reported, unsurprisingly, that a "source close to the company says a debate is not going to happen outside of a pending trial."

Despite Musk's claimed eagerness to prove his point in a public debate, he tried to have that trial delayed until February 2023. Judge Kathaleen McCormick rejected Musk's request for a delay while granting Twitter's motion to expedite the trial, now scheduled to begin on October 17. "The reality is delay threatens irreparable harm to the sellers," McCormick said in her ruling.

In May, when Agrawal posted a thread explaining Twitter's spam-estimate process, Musk responded with a poop emoji.


Trial is not about spam, Twitter says


Musk may be worried the trial won't focus enough on his claims that Twitter's spam numbers are accurate. "That's not what this case is about," Twitter attorney William Savitt said at the hearing on the trial date, calling Musk's spam complaint a "manufactured issue."

Twitter wrote in a court filing last week that Musk has no right to exit the merger based on the number of spam accounts, saying the agreement contained no references to false or spam accounts. "When Musk offered to buy Twitter, he did not ask for—and Twitter did not make—any representations regarding the number of false or spam accounts," Twitter wrote, adding that "Musk forwent all due diligence—giving Twitter twenty-four hours to accept his take-it-or-leave-it offer before he would present it directly to Twitter's stockholders."

Twitter also pointed out that Musk's analysis purporting to show that at least 10 percent of Twitter's active daily users are spam or fake used a web tool that recently labeled his own account a likely bot.

Musk's attempt to break the merger deal centers on his unproven claim that Twitter's publicly stated spam numbers are incorrect. Specifically, Twitter reports in Securities and Exchange Commission filings that fewer than 5 percent of its monetizable daily active users (mDAU) are spam or fake.


Twitter answered spam claims in court filing


Musk's legal team wrote in a court filing that after he agreed to buy the company, "Musk was flabbergasted to learn just how meager Twitter's process was. Human reviewers randomly sampled 100 accounts per day (less than 0.00005 percent of daily users) and applied unidentified standards to somehow conclude every quarter for nearly three years that fewer than 5 percent of Twitter users were false or spam. That's it. No automation, no AI, no machine learning."

In another tweet on Saturday, Musk wrote, "If Twitter simply provides their method of sampling 100 accounts and how they're confirmed to be real, the deal should proceed on original terms. However, if it turns out that their SEC filings are materially false, then it should not." Musk subsequently started a poll in which 65 percent of over 822,000 respondents answered "Lmaooo no" to the question of whether "less than 5% of Twitter daily users are fake/spam."

While Twitter said its "quarterly estimates are based on daily samples of 100 mDAU," that adds up to 9,000 per quarter. "[A]s a basic statistical matter, the approximately 9,000-account sample Twitter reviews of accounts included in mDAU each quarter is sufficiently sized to extrapolate across the mDAU population," Twitter wrote in last week's court filing. Twitter also said it performs "multiple human reviews (in replicate) of thousands of randomly selected accounts each quarter using both public and private data."


Twitter: Musk is “obligated to consummate the merger”


A Musk court filing claimed that Twitter "does not perform even the most basic of human-verification processes—such as contacting the sampled accounts to determine if they are real, including by sending an email, text, or even a push notification on Twitter requiring them to enter a CAPTCHA" and "does not remove suspended accounts (which Twitter otherwise does not count as monetizable) from previous mDAU calculations—even when they are suspended for spam within the same quarter."

Twitter's response said that "the accounts included in Twitter's sample of mDAU have already been subjected to Twitter's automated spam-detection processes, which include processes requiring certain users to respond to phone or text notifications or complete a CAPTCHA. Twitter further avers that, after it determines an account is spam, malicious automation, or fake, Twitter stops counting it in mDAU." Twitter said it "locks millions of accounts each week that cannot pass human-verification challenges, such as CAPTCHAs or phone verifications."

Agrawal wrote in May that Twitter's "actual internal estimates for the last four quarters were all well under 5%... The error margins on our estimates give us confidence in our public statements each quarter."

Apart from the debate over spam estimates, Twitter wants the judge to focus on Musk's contractual obligation to complete the merger. "Musk's Counterclaims, based as they are on distortion, misrepresentation, and outright deception, change nothing. Musk signed and is obligated to consummate the merger agreement," Twitter wrote. Musk is simply trying to escape a merger agreement that he "no longer found attractive once the stock market—and along with it, his massive personal wealth—declined in value," Twitter wrote.

Newsletter

Related Articles

TIMES.KY
Close
0:00
0:00
Donald Trump arrested – Twitter goes wild with doctored pictures
NYPD is setting up barricades outside Manhattan Criminal Court ahead of Trump arrest.
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Home Secretary Suella Braverman tours potential migrant housing in Rwanda as asylum deal remains mired in legal challenges
Paris Rioting vs Macron anti democratic law
'Sexual Fantasy' Assignment At US School Outrages Parents
Credit Suisse to borrow $54 billion from Swiss central bank
Russian Hackers Preparing New Cyber Assault Against Ukraine
Jeremy Hunt insists his Budget will get young parents and over-50s back into work
If this was in Tehran, Moscow or Hong Kong
TRUMP: "Standing before you today, I am the only candidate who can make this promise: I will prevent World War III."
Mexican President Claims Mexico is Safer than the U.S.
A brief banking situation report
Lady bites police officer and gets instantly reaction
We are witnessing widespread bank fails and the president just gave a 5 min speech then walked off camera.
Donald Trump's asked by Tucker Carlson question on if the U.S. should support regime change in Russia?.
Silicon Valley Bank exec was Lehman Brothers CFO
In a potential last-ditch effort, HSBC is considering a rescue deal to save Silicon Valley Bank UK from insolvency
BBC Director General, Tim Davie, has apologized, but not resigned, yet, following the disruption of sports programmes over the weekend
Elon Musk Is Planning To Build A Town In Texas For His Employees
The Silicon Valley Bank’s collapse effect is spreading around the world, affecting startup companies across the globe
City officials in Berlin announced on Thursday that all swimmers at public pools will soon be allowed to swim topless
Fitness scam
Market Chaos as USDC Loses Peg to USD after $3.3 Billion Reserves Held by Silicon Valley Bank Closed.
Senator Tom Cotton: If the Mexican Government Won’t Stop Cartels from Killing Americans, Then U.S. Government Should
Banking regulators close SVB, the largest bank failure since the financial crisis
The unelected UK Prime Minister Rishi Sunak, an immigrant himself, defends new controversial crackdown on illegal migration
Man’s penis amputated by mistake after he’s wrongly diagnosed with a tumour
In a major snub to Downing Street's Silicon Valley dreams, UK chip giant Arm has dealt a serious blow to the government's economic strategy by opting for a US listing
It's the question on everyone's lips: could a four-day workweek be the future of employment?
Is Gold the Ultimate Safe Haven Asset in Times of Uncertainty?
Spain officials quit over trains that were too wide for tunnels...
Don Lemon, a CNN anchor, has provided a list of five areas that he believes the black community needs to address.
Hello. Here is our news digest from London.
Corruption and Influence Buying Uncovered in International Mainstream Media: Investigation Reveals Growing Disinformation Mercenaries
Givenchy Store in New York Robbed of $50,000 in Merchandise
European MP Clare Daly condemns US attack on Nord Stream
Former U.S. President Carter will spend his remaining time at home and receive hospice care instead of medication
Tucker Carlson called Trump a 'demonic force'
US Joins 15 NATO Nations in Largest Space Data Collection Initiative in History
White House: No ETs over the United States
U.S. Jet Shoots Down Flying Object Over Canada
Being a Tiktoker might be expensive…
SpaceX, the private space exploration company, made a significant breakthrough in their mission to reach space.
China's top tech firms, including Alibaba, Tencent, Baidu, NetEase, and JD.com, are developing their own versions of Open AI's AI-powered chatbot, ChatGPT
This shocking picture, showing how terrible is the results of the earthquake in Turkey
President Joe Biden delivered the 2023 State of the Union Address , in order to help Americans that missed the 2022 speech, do not have internet, and suffer from short memory.
The desk of King Carlos Alberto of Sardinia has many secret compartments
Today's news from Britain - 9th February 2023
The five largest oil companies in the West generated combined profits of nearly $200 billion in 2022, which has led to increased calls for governments to impose tougher windfall taxes
×