London Daily

Focus on the big picture.
Saturday, May 31, 2025

Musk wants public debate with Twitter CEO instead of that upcoming court trial

Musk wants public debate with Twitter CEO instead of that upcoming court trial

Debate will happen at the Delaware Court of Chancery.

Elon Musk, unsatisfied with the ongoing court case over his attempt to break a $44 billion merger contract, has challenged Twitter CEO Parag Agrawal to a public debate.

"I hereby challenge @paraga to a public debate about the Twitter bot percentage," Musk wrote in a tweet on Saturday. "Let him prove to the public that Twitter has <5% fake or spam daily users!"

Of course, a Musk/Agrawal debate is unlikely to happen, and Musk's proposed debate would not be likely to prove any facts about Twitter spam that couldn't be proven at trial. Musk, Agrawal, or both could also choose to testify at the upcoming trial in the Delaware Court of Chancery. CNBC reported, unsurprisingly, that a "source close to the company says a debate is not going to happen outside of a pending trial."

Despite Musk's claimed eagerness to prove his point in a public debate, he tried to have that trial delayed until February 2023. Judge Kathaleen McCormick rejected Musk's request for a delay while granting Twitter's motion to expedite the trial, now scheduled to begin on October 17. "The reality is delay threatens irreparable harm to the sellers," McCormick said in her ruling.

In May, when Agrawal posted a thread explaining Twitter's spam-estimate process, Musk responded with a poop emoji.


Trial is not about spam, Twitter says


Musk may be worried the trial won't focus enough on his claims that Twitter's spam numbers are accurate. "That's not what this case is about," Twitter attorney William Savitt said at the hearing on the trial date, calling Musk's spam complaint a "manufactured issue."

Twitter wrote in a court filing last week that Musk has no right to exit the merger based on the number of spam accounts, saying the agreement contained no references to false or spam accounts. "When Musk offered to buy Twitter, he did not ask for—and Twitter did not make—any representations regarding the number of false or spam accounts," Twitter wrote, adding that "Musk forwent all due diligence—giving Twitter twenty-four hours to accept his take-it-or-leave-it offer before he would present it directly to Twitter's stockholders."

Twitter also pointed out that Musk's analysis purporting to show that at least 10 percent of Twitter's active daily users are spam or fake used a web tool that recently labeled his own account a likely bot.

Musk's attempt to break the merger deal centers on his unproven claim that Twitter's publicly stated spam numbers are incorrect. Specifically, Twitter reports in Securities and Exchange Commission filings that fewer than 5 percent of its monetizable daily active users (mDAU) are spam or fake.


Twitter answered spam claims in court filing


Musk's legal team wrote in a court filing that after he agreed to buy the company, "Musk was flabbergasted to learn just how meager Twitter's process was. Human reviewers randomly sampled 100 accounts per day (less than 0.00005 percent of daily users) and applied unidentified standards to somehow conclude every quarter for nearly three years that fewer than 5 percent of Twitter users were false or spam. That's it. No automation, no AI, no machine learning."

In another tweet on Saturday, Musk wrote, "If Twitter simply provides their method of sampling 100 accounts and how they're confirmed to be real, the deal should proceed on original terms. However, if it turns out that their SEC filings are materially false, then it should not." Musk subsequently started a poll in which 65 percent of over 822,000 respondents answered "Lmaooo no" to the question of whether "less than 5% of Twitter daily users are fake/spam."

While Twitter said its "quarterly estimates are based on daily samples of 100 mDAU," that adds up to 9,000 per quarter. "[A]s a basic statistical matter, the approximately 9,000-account sample Twitter reviews of accounts included in mDAU each quarter is sufficiently sized to extrapolate across the mDAU population," Twitter wrote in last week's court filing. Twitter also said it performs "multiple human reviews (in replicate) of thousands of randomly selected accounts each quarter using both public and private data."


Twitter: Musk is “obligated to consummate the merger”


A Musk court filing claimed that Twitter "does not perform even the most basic of human-verification processes—such as contacting the sampled accounts to determine if they are real, including by sending an email, text, or even a push notification on Twitter requiring them to enter a CAPTCHA" and "does not remove suspended accounts (which Twitter otherwise does not count as monetizable) from previous mDAU calculations—even when they are suspended for spam within the same quarter."

Twitter's response said that "the accounts included in Twitter's sample of mDAU have already been subjected to Twitter's automated spam-detection processes, which include processes requiring certain users to respond to phone or text notifications or complete a CAPTCHA. Twitter further avers that, after it determines an account is spam, malicious automation, or fake, Twitter stops counting it in mDAU." Twitter said it "locks millions of accounts each week that cannot pass human-verification challenges, such as CAPTCHAs or phone verifications."

Agrawal wrote in May that Twitter's "actual internal estimates for the last four quarters were all well under 5%... The error margins on our estimates give us confidence in our public statements each quarter."

Apart from the debate over spam estimates, Twitter wants the judge to focus on Musk's contractual obligation to complete the merger. "Musk's Counterclaims, based as they are on distortion, misrepresentation, and outright deception, change nothing. Musk signed and is obligated to consummate the merger agreement," Twitter wrote. Musk is simply trying to escape a merger agreement that he "no longer found attractive once the stock market—and along with it, his massive personal wealth—declined in value," Twitter wrote.

Newsletter

Related Articles

0:00
0:00
Close
Satirical Sketch Sparks Political Spouse Feud in South Korea
Indonesia Quarry Collapse Leaves Multiple Dead and Missing
South Korean Election Video Pulled Amid Misogyny Outcry
Asian Economies Shift Away from US Dollar Amid Trade Tensions
Netflix Investigates Allegations of On-Set Mistreatment in K-Drama Production
US Defence Chief Reaffirms Strong Ties with Singapore Amid Regional Tensions
Vietnam Faces Strategic Dilemma Over China's Mekong River Projects
Malaysia's First AI Preacher Sparks Debate on Islamic Principles
White House Press Secretary Criticizes Harvard Funding, Advocates for Vocational Training
France to Implement Nationwide Smoking Ban in Outdoor Spaces Frequented by Children
Meta and Anduril Collaborate on AI-Driven Military Augmented Reality Systems
Russia's Fossil Fuel Revenues Approach €900 Billion Since Ukraine Invasion
U.S. Justice Department Reduces American Bar Association's Role in Judicial Nominations
U.S. Department of Energy Unveils 'Doudna' Supercomputer to Advance AI Research
U.S. SEC Dismisses Lawsuit Against Binance Amid Regulatory Shift
Alcohol Industry Faces Increased Scrutiny Amid Health Concerns
Italy Faces Population Decline Amid Youth Emigration
U.S. Goods Imports Plunge Nearly 20% Amid Tariff Disruptions
OpenAI Faces Competition from Cheaper AI Rivals
Foreign Tax Provision in U.S. Budget Bill Alarms Investors
Trump Accuses China of Violating Trade Agreement
Gerry Adams Wins Libel Case Against BBC
Russia Accuses Serbia of Supplying Arms to Ukraine
EU Central Bank Pushes to Replace US Dollar with Euro as World’s Main Currency
Chinese Woman Dies After Being Forced to Visit Bank Despite Critical Illness
President Trump Grants Full Pardons to Reality TV Stars Todd and Julie Chrisley
Texas Enacts App Store Accountability Act Mandating Age Verification
U.S. Health Secretary Ends Select COVID-19 Vaccine Recommendations
Vatican Calls for Sustainable Tourism in 2025 Message
Trump Warns Putin Is 'Playing with Fire' Amid Escalating Ukraine Conflict
India and Pakistan Engage Trump-Linked Lobbyists to Influence U.S. Policy
U.S. Halts New Student Visa Interviews Amid Enhanced Security Measures
Trump Administration Cancels $100 Million in Federal Contracts with Harvard
SpaceX Starship Test Flight Ends in Failure, Mars Mission Timeline Uncertain
King Charles Affirms Canadian Sovereignty Amid U.S. Statehood Pressure
Trump Threatens 25% Tariff on iPhones Amid Dispute with Apple CEO
Putin's Helicopter Reportedly Targeted by Ukrainian Drones
Liverpool Car Ramming Incident Leaves Multiple Injured
Australia Faces Immigration Debate Following Labor Party Victory
Iranian Revolutionary Guard Founder Warns Against Trusting Regime in Nuclear Talks
Macron Dismisses Viral Video of Wife's Gesture as Playful Banter
Cleveland Clinic Study Questions Effectiveness of Recent Flu Vaccine
Netanyahu Accuses Starmer of Siding with Hamas
Junior Doctors Threaten Strike Over 4% Pay Offer
Labour MPs Urge Chancellor to Tax Wealthy Over Cutting Welfare
Publication of UK Child Poverty Strategy Delayed Until Autumn
France Detains UK Fishing Vessel Amid Post-Brexit Tensions
Calls Grow to Resume Syrian Asylum Claims in UK
Nigel Farage Pledges to Reinstate Winter Fuel Payments
Boris and Carrie Johnson Welcome Daughter Poppy
×