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Poopgate Part TWO! Twitter uses Musk’s 'poop emoji' tweet as proof he 'trashed company' before walking away

Twitter has accused Musk of damaging the tech giant's image before walking away and now wants the courts to order him to complete the deal he signed in April
PUBLISHED JUL 14, 2022
Elon Musk has been sued by Twitter after he pulled back from the buyout deal (Getty Images/ Michael Kovac and Michael M. Santiago)
Elon Musk has been sued by Twitter after he pulled back from the buyout deal (Getty Images/ Michael Kovac and Michael M. Santiago)

Twitter is suing Elon Musk after he backed out from a $44 billion agreement to buy the company. In a lawsuit filed on Tuesday, July 12, in Delaware, against the world’s richest man, the firm has reportedly used his tweets, including poop emoji, as evidence against him. Twitter has accused Musk of trivializing the tech giant’s image publicly before walking away.

The 62-page legal filing states, “Having mounted a public spectacle to put Twitter in play, and having proposed and then signed a seller-friendly merger agreement, Musk apparently believes that he – unlike every other party subject to Delaware contract law – is free to change his mind, trash the company, disrupt its operations, destroy stockholder value and walk away.”

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As per reports, Musk had responded with the smiling poop emoji in May when Twitter CEO Parag Agrawal shared how the company deals with spam and fake accounts. He had tweeted, “We suspend over half a million spam accounts every day, usually before any of you even see them on Twitter. We also lock millions of accounts each week that we suspect may be spam – if they can’t pass human verification challenges (captchas, phone verification, etc).”



 

Parag Agrawal, CEO of Twitter, walks to a morning session during the Allen & Company Sun Valley Conference on July 07, 2022 in Sun Valley, Idaho. The world's most wealthy and powerful businesspeople from the media, finance, and technology will converge at the Sun Valley Resort this week for the exclusive conference. (Photo by Kevin Dietsch/Getty Images)
Parag Agrawal, CEO of Twitter, walks to a morning session during the Allen & Company Sun Valley Conference on July 07, 2022 in Sun Valley, Idaho. The world's most wealthy and powerful businesspeople from the media, finance, and technology will converge at the Sun Valley Resort this week for the exclusive conference. (Photo by Kevin Dietsch/Getty Images)



 

Agrawal had also said: “The hard challenge is that many accounts which look fake superficially – are actually real people. And some of the spam accounts which are actually the most dangerous – and cause the most harm to our users – can look totally legitimate on the surface,” before he added, “Our actual internal estimates for the last four quarters were all well under 5% – based on the methodology outlined above. The error margins on our estimates give us confidence in our public statements each quarter. Unfortunately, we don’t believe that this specific estimation can be performed externally, given the critical need to use both public and private information (which we can’t share). Externally, it’s not even possible to know which accounts are counted as mDAUs on any given day.”



 



 

But the Tesla CEO had mocked him with the emoji as he asked him, “So how do advertisers know what they’re getting for their money? This is fundamental to the financial health of Twitter.”



 



 

Elon Musk attends The 2022 Met Gala Celebrating
Elon Musk attends The 2022 Met Gala Celebrating "In America: An Anthology of Fashion" at The Metropolitan Museum of Art on May 02, 2022 in New York City. (Photo by Dimitrios Kambouris/Getty Images for The Met Museum/Vogue)

Then last week, Musk declared that he was not going to proceed with the takeover of the company because of the issues, like as part of the agreement Twitter failed to give adequate details on spam accounts; it “misrepresented the number of spam accounts in its disclosures to the US financial watchdog; and the company breached the agreement by failing to consult Musk when firing senior employees recently,” The Guardian reported. Besides, recently in response to a tweet by Shacknews, the 51-year-old explained that the emoji in question means “BS” — an abbreviation for “bulls**t”.



 

But now through the lawsuit, Twitter wants the court to force Musk to complete the deal, which he signed in April, at $54.20 per share. Several legal and financial experts believe Twitter could win. The social network company has alleged that as reported by The Daily Mail “Steadfast in its commitment to consummate the merger, Twitter continued to try to get Musk's team what it demanded while safeguarding its customers' data and harboring very real concerns about how Musk might use the data if he succeeded in escaping the deal.”

Tesla CEO Elon Musk speaks during the official opening of the new Tesla electric car manufacturing plant on March 22, 2022 near Gruenheide, Germany. The new plant, officially called the Gigafactory Berlin-Brandenburg, is producing the Model Y as well as electric car batteries. (Photo by Christian Marquardt - Pool/Getty Images)
Tesla CEO Elon Musk speaks during the official opening of the new Tesla electric car manufacturing plant on March 22, 2022 near Gruenheide, Germany. The new plant, officially called the Gigafactory Berlin-Brandenburg, is producing the Model Y as well as electric car batteries. (Photo by Christian Marquardt - Pool/Getty Images)

It also noted that “Twitter has bent over backwards to provide Musk the information he has requested, including, most notably, the full 'firehose' data set that he has been mining for weeks — and has been continuing to mine since purporting to terminate — with the assistance of undisclosed data reviewers.”

Wedbush analyst Dan Ives has reportedly reacted to the legal drama as he said that “many investors spent last night reading the case and ultimately concluded that this Game of Thrones battle in court will result in some version of a Twitter win. This will be a fierce battle in court with the fake account/bot issue front and center, but ultimately Twitter's Board is holding Musk's feet to the fire to finish the deal at the agreed upon price.”

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Elon Musk attends TIME Person of the Year on December 13, 2021 in New York City. (Photo by Theo Wargo/Getty Images for TIME)
Elon Musk attends TIME Person of the Year on December 13, 2021 in New York City. (Photo by Theo Wargo/Getty Images for TIME)

Social media expert and industry commentator, Matt Navarra, also stated, “Twitter describes Elon Musk as a hypocrite who has trashed the company and caused ‘irreparable damage’. Yet Twitter wants a judge to force Elon Musk to pay up and complete the 44 billion dollar takeover deal he started. This could end up being the world's most expensive case of ‘If you break it, you pay for it.’”

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