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GMShadow

macrumors 68000
Jun 8, 2021
1,805
7,418
Do we know this - the Twitter knowingly counted spam accounts as MAUs - as fact or are we just speculating here?
SEC Filing

Second, Twitter’s disclosure that it ceases to count fake or spam users in its mDAU when it determines that those users are fake appears to be false. Instead, we understand, based on Twitter’s representations during a June 30, 2022 call with us, that Twitter includes accounts that have been suspended—and thus are known to be fake or spam—in its quarterly mDAU count even when it is aware that the suspended accounts were included in mDAU for that quarter.

We'll see where this goes - and I'm not sure Elon's done trying to buy Twitter - but expect this to get ugly.
 

CWallace

macrumors G5
Aug 17, 2007
12,107
10,870
Seattle, WA
His accusations - sent to the SEC, not the internet - are strong enough to potentially bring about a shareholder revolt and investigation.

Counting banned spam accounts as MAUs is definitely done with intent to deceive.

Do we know this - that Twitter knowingly counted spam accounts as MAUs - as fact or are we just speculating here?

Musk's attorneys claim that they do, as the SEC filing GMShadow linked to attests. As for Twitter, they have said the 5% figure is an "estimate" and have noted it could be higher or lower. So they arguably have given themselves legal room to counter Musk's attorneys claim.

It will all have to wash out in the courtrooms.
 

0092762

Cancelled
May 29, 2005
273
316
This is going to get very expensive for Musk. By announcing the deal is off he triggers a billion "break-up fee" owed to Twitter that he is very unlikely to get out of.

There is also the "specific performance" clause in the agreement which allows Twitter to sue Musk in Delaware court to complete the deal. That is also generally believed to favor Twitter.

And then of course there will be inevitable lawsuits from shareholders (especially institutional ones) who stand to lose billions in Shareholder Value based on where Twitter's share price will end up versus the price Musk agreed to pay.
I thought that $1B break up fee was if the SEC terminated the deal. He is backing out himself, there is no limit to the damages he can be sued for because of it.
 

Whathappened

Suspended
Mar 15, 2018
537
648
There is something good that's come from this though. Musk truly exposed the extreme left wing bias running the company that favors censoring opinion it doesn't like.
Not everything someone says is an opinion. Like hate speech. You try to label it as an opinion and everyone who is against it as “extreme left”, but it won’t work.
 
LOL getting some popcorn for this. I hope the SEC tear him a new ******. I suspect this was used to liquidate stock in large quantities without tanking the inflated price so it doesn't scare off large stock holders and collapse his entire empire.
Update: Twitter chairman Bret Taylor says that Twitter's board is "committed to closing the transaction" and plans to pursue legal action to enforce the agreement.

I knew this was coming. Just a matter of time. I think Elon is wrong for what he did.
 

axcess99

macrumors regular
Jul 1, 2005
150
150
I'm sure twitter's significant stock drop had nothing to do with it.
Funny thing, if you had thought this was going to go through, you could have gotten a 20% return in just a couple months by buying twitter stock at any recent price once his fixed price per share paid out.

Since there isn’t much reason to think twitter was going to back out, the entire difference between the share price and the buyout price is people thinking musk would back out. Any scenario with Musk backing out was going to include him blaming them, otherwise he has a $1B penalty to pay them (which would force him to sell a lot of Tesla stock)
 
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Danfango

macrumors 65816
Jan 4, 2022
1,294
5,777
London, UK
Update: Twitter chairman Bret Taylor says that Twitter's board is "committed to closing the transaction" and plans to pursue legal action to enforce the agreement.

I knew this was coming. Just a matter of time. I think Elon is wrong for what he did.

Hahaha this makes me super happy. This will be a long and interesting scandalous mess.
 

Huracan

macrumors 6502
Jan 9, 2007
338
282
Wise decision. Phoney excuse that I’m sure the lawyers will argue.

The real reason is due to the significant stock market downturn after the price had been agreed.
Hope you care about my reply (I am referring to your P.S. line), because I agree with you :) He's cutting his losses.
 
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