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Musk's lawyers have responded to Twitter's initial court filing. Here is one analysis, and this report is indicating the response is less than compelling:
Elon Musk’s Response To Twitter’s Legal Filing May Impress His Fans On Twitter, But Is Not A Good Legal Argument
Last week, I wrote about Twitter’s opening legal salvo in its case to try to force Elon Musk to pay the $44 billion he agreed to pay for Twitter (or, more likely, to try to force him to pay a…
www.techdirt.com
As was noted in the Twitter complaint, Musk had texted board chair Bret Taylor and argued one of the key reasons he wanted to take Twitter private was that purging all the spam would make Twitter’s numbers look terrible, and thus was better done as a private company:
That shows that as he went into the process of buying Twitter, he already fundamentally believed that spam was a massive problem on the site, and that removing the spam accounts would make Twitter’s numbers look awful. That pretty clearly implies that he never believed Twitter’s publicly professed numbers regarding spam mDAU’s.On April 9, 2022, the day Musk said he wanted to buy Twitter rather than join its board, he texted Taylor that “purging fake users” from the platform had to be done in the context of a private company because he believed it would “make the numbers look terrible.”