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by redredrobot 1493 days ago
You can't just quote a part of a contract and specifically cut out the legal caveats that exists to avoid the risk of being considered material misrepresentation. The correct quote is:

> We have performed an internal review of a sample of accounts and estimate that the average of false or spam accounts during the first quarter of 2022 represented fewer than 5% of our mDAU during the quarter. The false or spam accounts for a period represents the average of false or spam accounts in the samples during each monthly analysis period during the quarter.

> In making this determination, we applied significant judgment, so our estimation of false or spam accounts may not accurately represent the actual number of such accounts, and the actual number of false or spam accounts could be higher than we have estimated

1 comments

It may hinge on them saying they "applied significant judgment" vs due diligence showing they knew they had much higher numbers. There is a difference to "we did our best to calculate it but we could have made a mistake" vs "we calculated, got a high number but purposefully put in a low number".
Elon didn't do any non-public due diligence of Twitter
Exactly. I think he may be reconsidering that, though it's probably too late. The whole thing is very baffling.
I actually think it's probably pretty simple underneath the facade - Musk offered to buy Twitter for a lot of money. The market tanked and Musk doesn't want to pay that price any more. He thinks he can strong-arm Twitter and either not go through with the purchase or force them to accept a lower price. The law does not support this, but Musk has a history of being unbothered by the law and there are examples (not Musk) where this tactic has worked to reduce the purchase price by hundreds of millions of dollars.

Everything else is just window dressing.