15 revelations in Twitter's lawsuit against Elon Musk

2. Musk asked for a lot of useless data — I had to look this up, but a tebibyte is about 1.1 trillion bytes of data. Twitter gave Musk more than 49 tebibytes worth of data in response to his requests for information. This is a tremendous amount of information. As anyone who’s ever looked at a large spreadsheet knows, though, most of that information would be useless. The issue, though, is that Musk is the one who requested all of it. In Musk’s Friday letter, where he announced he’s officially trying to back out of the deal, he claims that he was blocked on data, and not able to make a determination with what he got. The picture from the other side shows that it may be true that he wasn’t able to come to his own independent determination, but it apparently wasn’t for lack of information.

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3. But he didn’t look at the most useful thing Twitter gave him — On June 30, “Musk acknowledged he had not read the detailed summary of Twitter’s sampling process provided back in May.” I mean!!! This is the whole thing! This is what he’s been mad about, and had been whipping up his (real and bot) followers about.

Look, this is a long lawsuit with a lot of stuff in it that’s damning to Musk — claims that directly contradict what he’s said both in securities filings (where there’s a presumption of truth) and on Twitter (where the standards for honesty are basically nonexistent). But if this one is true, it could be the core of Twitter’s argument that Musk’s thundering over bots is a bunch of bullshit.

4. Musk caved on key provisions — In the early weeks of the negotiations between Twitter and Musk, the Tesla billionaire made it look like he was ready to go to war. Specifically, he threatened a tender offer to the shareholders — essentially, a way to go around the board and get the deal he wants anyway. Aggressive, but not unusual. But after that, something changed. Apparently because he wanted to get things done quickly, he let Twitter take the reins once negotiations kicked off in late April. “The agreement was negotiated through the night and, in the process, became even more seller-friendly,” the complaint says. Not only would a lack of available financing not be a hurdle, but Musk caved on requests related approval over hiring and firing decisions, a collapse in market price, and the ability to force through “specific performance,” or, in plain English, the ability to compel Musk to buy the company even if he wants to back out.

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