This week, each Twitter and Musk have filed new paperwork with Delaware’s Court docket of Chancery in an effort to extra clearly state their respective circumstances forward of the approaching trial, which is able to finally decide whether or not Musk will likely be pressured to undergo together with his $44 billion takeover provide for the app or not.

A fast re-cap: Early final month, Musk formally filed a movement to terminate his Twitter takeover bid, on the grounds that Twitter had not been sincere concerning the full extent of bot and spam accounts in its app. Twitter has all the time maintained that bot accounts make up 5% of its energetic person depend (which might at the moment equate to round 11.9 million profiles), however Musk says that, in his expertise, and primarily based on anecdotal responses from others, he believes this determine to be a lot greater, which he claims then modifications the worth of the corporate, and makes ahead income projections unimaginable.

In additional particular phrases, Musk has obtained financing help to fund his Twitter takeover bid, which relies on his projections as to what the corporate may very well be incomes if he’s in a position to get it on observe. However these estimates are reliant on the accuracy of Twitter’s present itemizing of monetizable customers, as a result of if these numbers will not be right, then Musk and his workforce can’t predict the true future worth of the corporate, which might subsequently de-rail his progress plans.

So there’s seemingly a strong case for Musk to be involved. However whether or not that’s really sufficient to formulate a authorized escape hatch for him on this occasion isn’t but clear.

Within the filings this week, we realized extra particularly simply how far off Musk and Co. imagine Twitter’s projections to be.

As reported by The Washington Put up, which was in a position to get hold of a duplicate of Musk’s countersuit:

“Musk attorneys argue that whereas Twitter touts having 238 million monetizable every day energetic customers, the proportion that truly see advertisements is 65 million decrease. Additional, they argue, nearly all of advertisements are proven solely to fewer than 16 million customers, which is lower than 7 % of the variety of customers Twitter claims can earn the corporate income by seeing advertisements.”

So Musk’s workforce is claiming that the variety of faux/spam accounts is extra like 27% of its mDAU depend – however even worse, it additionally claims that solely 7% of Twitter customers are seeing nearly all of its advertisements.

That may logically imply that any future income progress predictions can be approach off, if these estimates quantity is right. However then once more, the precise methodology Musk’s and Co. have utilized right here does appear questionable.

“The corporate stated that Musk’s workforce relied on a public web utility referred to as the “Botometer” — which applies totally different requirements to calculating bots than Twitter does and “which earlier this yr designated Musk himself as extremely prone to be a bot,” the authorized doc stated.”

Botometer, which was as soon as referred to as ‘BotOrNot’, is a bot detection device created by lecturers from the College of Indiana, which makes use of varied qualifiers to find out whether or not an account is run by an actual individual or not.

And even it advises warning in counting on its assessments:

“Bot detection is a tough activity. Many standards are utilized in figuring out whether or not an account is managed by a human or a bot, and even a skilled eye will get it fallacious generally. If this activity have been straightforward to do with software program, there would not be any bots — Twitter would have already caught and banned them.”

The Botometer workforce additionally warns that some clearly bot/human will idiot machine studying algorithms.

“For instance, Botometer generally categorizes “organizational accounts” as bot accounts. Likewise, an algorithm might confidently classify some accounts that people have a tough time with. One of the best method is to make use of this device to enrich, to not exchange, your personal judgement.”

The warnings basically underline the core of the difficulty in any such evaluation – correct bot evaluation is difficult, which is why all social platforms proceed to refine their detection instruments to be able to appropriately characterize bot presence of their quarterly studies.

And given this, it’s tough to see Musk’s claims holding up in court docket, as a justification for Musk to tug out of the deal on the grounds of ‘Materials Adversarial Impact’, which basically implies that one thing main has occurred within the time for the reason that deal was agreed to that alters the foundational worth a core ingredient.

In response, Twitter says that Musk’s claims are “factually inaccurate, legally inadequate, and commercially irrelevant.”

“The Counterclaims are a made-for-litigation story that’s contradicted by the proof and customary sense. Musk invents representations Twitter by no means made after which tries to wield, selectively, the intensive confidential knowledge Twitter offered him to conjure a breach of these purported representations. But Musk concurrently and incoherently asserts that Twitter breached the merger settlement by stonewalling his data requests.”

In its newest submitting, Twitter seeks to rebuke every of Musk’s claims – although once more, the core difficulty that the Court docket might want to assess might come right down to this:

“Twitter’s quarterly estimates are primarily based on every day samples of 100 mDAU, mixed for a complete pattern of roughly 9,000 mDAU per quarter.”

Is a pattern measurement of 9k accounts – or 0.0038% of Twitter’s viewers – sufficient to extra precisely assess the bot presence within the app than a third-party bot evaluation device of various efficiency?

However then once more, even this will not be related, as a result of Twitter has argued that Musk agreed to the cope with its official disclosures on report, and with no additional parameters for revision primarily based on such:

“The [merger] settlement comprises varied representations by Twitter, together with that its SEC filings since January 1, 2022, on the time filed or on the time amended or supplemented, are full and correct in all materials respects, pretty depict the monetary situation of the corporate in all materials respects, and have been ready in accordance with GAAP. Any inaccuracy in these representations doesn’t excuse closing until it rises to the extent of a Firm Materials Adversarial Impact.”

Which will likely be a tough authorized path for Musk and Co. to take, in working to show that its personal, unbiased evaluation, primarily based on third-party instruments, is extra correct and consultant than Twitter’s personal course of.

Basically, Musk might not imagine Twitter’s bot numbers, however until he can definitively show them fallacious, and persuade the court docket that they’re loads worse than Twitter says, the case will probably go in Twitter’s favor.

And with Materials Adversarial Impact provisions actually designed for important market shifts – like a change in authorities coverage that, say, bans Twitter fully from a area, or one thing alongside these strains – it’s exhausting to see this figuring out for Musk, which, not less than proper now, means that Musk will nonetheless develop into Tweeter in chief. Whether or not he needs to or not.

So, ‘Twizzler’ continues to be on the playing cards:

In his most up-to-date statements, Musk nonetheless says that he has a imaginative and prescient for the platform, if he’s ultimately pressured to pay up.

“I do perceive the product fairly nicely so I believe I’ve acquired a very good sense of the place to level the engineering workforce with Twitter to make it radically higher.”

Musk additionally stated this week that he believes Twitter ‘will likely be very helpful to the world’, so it does look like even Elon is reluctantly conceding that the court docket case might not go in his favor.

Both approach, we’ll have to attend for the court docket drama to play out. The Twitter/Musk trial is set for October, after we’ll lastly get a clearer view of the platform’s subsequent steps.