Getty images | Carol Yepes
Elon Musk’s lawyers want to interview the Twitter staff responsible for counting spam and say Twitter is hiding these potential witnesses, Bloomberg reported yesterday.
On Wednesday, Musk submitted a proposed order asking Judge Kathleen McCormick of the Delaware Court of Chancery to force Twitter to “submit specific custodian findings.” Musk provided more details about the request in a letter to McCormick that was filed under seal as part of a case in which Twitter is trying to enforce a $44 billion merger deal that Musk is trying to void.
While the letter has yet to be released, Bloomberg cited “people familiar with the allegations” to describe the contents of the letter. “Musk claims the social media company does not disclose the names of employees specifically tasked with assessing how much of Twitter’s customer base is made up of spam and bot accounts… Musk’s lawyers have asked the judge in this case to force Twitter to identify employees so the defense can get their notes and interrogate them,” Bloomberg wrote.
Musk’s request is part of his effort to debunk Twitter’s claim that less than 5% of its monetized daily active users (mDAUs) are spam or fake. Twitter says Musk has no right to terminate the merger deal based on the number of spam accounts; he also says foam doesn’t “gift”[ed] even an ounce of evidence to support “that the mDAU figure is wrong.” Musk’s spam analysis was based on a web tool that once flagged his Twitter account as a likely bot. Twitter pointed out.
Twitter has yet to respond to Musk’s new request. “According to court rules, Twitter lawyers have five business days to decide what should be masked from documents as confidential information,” Bloomberg wrote.
Preliminary disputes before October 17th
The filing comes days after Musk called Twitter CEO Parag Agrawal to a “public debate about the percentage of bots on Twitter.” Such a dispute, of course, is unlikely to take place. Twitter is pleased that its lawsuit against Musk is ongoing, especially since McCormick granted his request. accelerate the process scheduled for 17 October.
While Twitter did not appear to grant access to staff working on the spam score, the company detailed its mDAU calculation process and gave Musk access to your fire hose data. Twitter evaluates samples of 100 mDAUs daily, or approximately 9,000 each quarter, saying the analysis includes “multiple (reproducible) human reviews of thousands of randomly selected accounts each quarter using both public and private data.”
” [A]Based on baseline statistics, the sample of approximately 9,000 Twitter accounts with account reviews included in the mDAU each quarter is large enough to be extrapolated to the entire mDAU population,” Twitter said in a statement.
Musk’s attempt to ask Twitter staff about spam counts is just the latest of the preliminary discussions. Twitter has already posted searchable quotes written by Musk’s friends, advisors, banks, legal team and investors, as well as Oracle co-founder Larry Ellison. Musk sent quotes to Twitter consultants JPMorgan Chase and Goldman Sachs.
If Twitter wins the deal, Musk could be forced to end the merger. After he agreed to buy Twitter, he sold $15.4 billion worth of Tesla shares.