Elon Musk is trying to get out of his deal to buy Twitter. He claims to believe that more than 5% of Twitter’s mDAUs are bots. It would clearly be advantageous for Musk if we lived in the alternate universe where Twitter’s merger agreement promised that no more than 5% of its mDAUs were bots. For one thing, he might be right, and then he could get out of the deal. He has never produced even a hint of any evidence that he might be right, but never mind! In any case there could be a complicated factual dispute: Twitter could argue for its numbers and its methodology, and Musk could argue for different numbers using a different methodology, and it would be fairly easy to muddy the waters and create the impression that Musk could be right. Musk is good at muddying waters and impressing the impressionable, and this would play to his strengths. Whereas in the real world, where Twitter did not promise Musk that fewer than 5% of mDAUs are bots, it is much harder for Musk to make any argument at all that he can get out of his deal.
‘Enforcement 40’ for 2020
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