[graeme]

Not quite:

1. Twitter represented that they made sample, exercised judgement, and could be wrong

2. That is hard to falsify

3. For it to matter in this lawsuit, it would have to be so false that it materially adversely affects the company

If 10% of users are bots, #1 wouldn’t even be false. If 20% of them were, it might be, but you’d still have to cause a material adverse effect. Like a large change in expected revenue.

[Sebb767]

Even 20% would not fly, winning with MAE in Delaware is basically impossible - the one case where a buyer actually proved MAE there is still referred to as unicorn. Given that Elon waived due diligence and even openly talked about the bot problem, this would probably still be a coin toss if he somehow proves that there are 90% bots.

[klyrs]

The outcome I'm rooting for is that Twitter's suit resolves quickly and they're granted specific performance, and Musk's lawsuit gets dragged out until he's suing the company he just bought.