Twitter offers Musk the data he wants, thinks it won't help him wriggle out of the deal

Oh! God! What have you done!? Those memories…barricaded off for so long…flooding back!

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I’ve seen it claimed that the data Twitter is providing will include account and device info. Maybe he can somehow leverage that for commercial gain to offset the costs of his poorly thought-out impulse purchase?

More likely, he will take it away and instruct his data scientists to sprinkle some machine-learning pixie dust on it and come to the conclusion that 40% of the active tweeters are bots. I don’t envy the judge and jury who have to listen to two teams of ML wonks explaining why their model yields the correct results.

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As always, whatever happens the lawyers win.

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IANAL, and I have not seen the pertinent contract, but I really don’t see how Musk has any kind of case to get out of, or even delay, paying a billion dollars to Twitter. (I don’t think that he has the liquidity to follow through on his offer, so that’s off the table in case something major changes.)

The contract would have had to have an escape clause premised on the data from Twitter being accurate, but it doesn’t make sense to have such a clause if he explicitly signed away his right to due diligence. I guess he can try to make a “good faith” argument against Twitter, but that cuts both ways.

I’m more curious about what the inevitable NDAs say and whether he has already breached those as well.

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