[_djo_]

Again, Twitter’s disclaimer around mDAUs is a broad one and nothing stated so far by either Musk or Mudge provides any reliable evidence of that being materially false or misleading.

Ad buyers can’t claim to have been defrauded because the total number of bots on the platform, or even the proportion of bots to real people, are not of relevance to them. All that matters is the mDAU and the reporting they’re getting on ad effectiveness.

As long as mDAU is reasonably accurate and Twitter’s ad support tools are reflecting of that they have no case. Mudge was in a senior enough role that he shouldn’t be mixing up mDAU with the overall bot management question.

Musk does actually need to prove a specific thing: That something Twitter did or intentionally did not do represents a material adverse event sufficient to break the terms of the binding agreement he signed to buy it. That is, again, a high bar and so far nothing that’s emerged in this whole stupid saga has met it.

He’s trying to do the due diligence he should’ve done before signing that offer, but that’s not how the law works.

[LawTalkingGuy]

Ad buyers can claim to be defrauded because of anything. Welcome to the USA. You're saying there's no reason any of them could sue. That's clearly wrong. You think none of them would win. I doubt that as well. But assuredly they could cause havoc with distractions, subpoenas, and huge losses of public good-will, and giving Musk a reason to petition for delay, etc.

Nothing said by Mudge directly implicates the number claimed, but everything else about his report is a massive indictment of their ability to properly report on it and their honest desire to do so. I imagine their constant reclassification of mDAU applicable-users won't help them here. If their actual numbers were 10% high, because of an accounting error or whatever, then you'd likely be right that it wouldn't be enough to break the deal. But if they misrepresented, or tried to avoid relevant data about, the numbers this very likely would be a deal breaker. If you can prove they lied about one thing you can safely assume they're willing to lie about more.

As for the value of Twitter, the perceived value plummeted when they were revealed to not have decent test/release procedures, fragile DCs, a CEO who hides from data, no privacy controls or logging of dev activity in prod, etc. There are a lot of things other than the mDAU numbers that are materially changing the industry's view about, and thus the reasonable value of, Twitter.