Yesterday, I posted our open letter to the Twitter board. Today, I wanted to follow up on that letter with some lingering thoughts I couldn’t fit in the letter and some answers to some questions or feedback I’ve gotten on the heels of the letter.
What if Elon's main case is that TWTR has no real handle on bots since his verified account is actually not him. Or even worse, it's a bot he developed as a side project years ago for precisely such a scenario?
You can imagine TWTR trying to amend their plaint documents to remove mention of the Elon tweets when they're unable to prove that he's the one tweeting.
My concern is Twitter will want to avoid discovery, and will quickly settle if the lawsuit gets to that phase.
This happened very recently with a lawsuit by journalist Alex Berenson. It was a free speech lawsuit, but as soon as the judge threw out TWTR's motion to dismiss and the case went to discovery, they decided to settle and keep the terms of the settlement under wraps.
Not to sound too conspiratorial, but I suspect TWTR has made some backdoor deals with the gov't that they don't want the public to know about.
Doesn’t anyone think Musk still wants Twitter? I do because he still owns 9%. I expect he’ll negotiate as low as possible. He probably has his eye on 42.069 per share, but he won’t be able to get it that low.
I've read/heard some people suggesting the court won't want to force Elon to purchase TWTR. This totally misses a key point which is that Elon can always sell Twitter once he satisfies the contract. His ownership can be quite short, his gain or loss realized, and he can move on.
TBF this does seem a biased take. Without seeing Elons response its impossible to form a useful opinion, you cant reason by analogy in cases like this as there really isn't too much similar, and the shenanigans aren't relevant, it'll all come down to factors;
1) did twitter breach agreement on the supply of info side and
2) regarding bots can Elon prove the portion of bots is materially different from filings/misleading.
Factors will go 90% of the way to deciding the case.
What if Elon's main case is that TWTR has no real handle on bots since his verified account is actually not him. Or even worse, it's a bot he developed as a side project years ago for precisely such a scenario?
You can imagine TWTR trying to amend their plaint documents to remove mention of the Elon tweets when they're unable to prove that he's the one tweeting.
My concern is Twitter will want to avoid discovery, and will quickly settle if the lawsuit gets to that phase.
This happened very recently with a lawsuit by journalist Alex Berenson. It was a free speech lawsuit, but as soon as the judge threw out TWTR's motion to dismiss and the case went to discovery, they decided to settle and keep the terms of the settlement under wraps.
Not to sound too conspiratorial, but I suspect TWTR has made some backdoor deals with the gov't that they don't want the public to know about.
Doesn’t anyone think Musk still wants Twitter? I do because he still owns 9%. I expect he’ll negotiate as low as possible. He probably has his eye on 42.069 per share, but he won’t be able to get it that low.
I've read/heard some people suggesting the court won't want to force Elon to purchase TWTR. This totally misses a key point which is that Elon can always sell Twitter once he satisfies the contract. His ownership can be quite short, his gain or loss realized, and he can move on.
TBF this does seem a biased take. Without seeing Elons response its impossible to form a useful opinion, you cant reason by analogy in cases like this as there really isn't too much similar, and the shenanigans aren't relevant, it'll all come down to factors;
1) did twitter breach agreement on the supply of info side and
2) regarding bots can Elon prove the portion of bots is materially different from filings/misleading.
Factors will go 90% of the way to deciding the case.
thanks for the update.