Elon Musk's legal team has publicly filed its official response to Twitter's lawsuit

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New York (CNN Business)Elon Musk's ineligible squad connected Friday made nationalist its authoritative effect to Twitter's suit attempting to unit him to implicit their $44 cardinal acquisition deal.

In the reply to Twitter's complaint, which includes counter-claims against the company, Musk's squad attempts to refute the company's allegations that the Tesla CEO is unjustly trying to exit the deal. His team repeats allegations that Twitter has misstated the fig of fake and spam bot accounts connected its level — a cardinal complaint Musk has made to warrant terminating the acquisition agreement after primitively citing a tendency to "defeat the spam bots" arsenic a crushed for buying the company.

Musk's response, which was filed publically connected Friday, states that the billionaire's squad conducted an investigation of fake and spam accounts connected the level utilizing information provided by Twitter's "firehose" of tweets and a nationalist instrumentality called Botometer created by researchers astatine the University of Indiana. It did not further item the process of that valuation and added that its investigation was "constrained" by a deficiency of clip and accusation from Twitter.

    Based connected that analysis, Musk alleges that during the archetypal week of July, spam bots accounted for 33% of disposable accounts connected the level and astir 10% of Twitter's monetizable regular progressive users, oregon mDAU. (Twitter, for its part, has consistently reported that spam and fake bot accounts marque up little than 5% of its mDAU.)

      Twitter subpoenas Elon Musk's associates arsenic  ineligible  conflict  heats up

      Twitter has repeatedly denied Musk's claims astir the prevalence of spam bots connected the platform. Twitter Board Chair Bret Taylor tweeted connected Thursday evening a nexus to the company's effect to his reply and counterclaims. (Musk's squad had filed a confidential mentation of the reply past week to springiness Twitter (TWTR) clip to reappraisal it for institution accusation that should beryllium redacted, earlier making it publically disposable Friday.) Taylor called Musk's claims "factually inaccurate, legally insufficient, and commercially irrelevant."

      In its response, Twitter takes contented with Musk's investigation of spam bots, saying that the "firehose" of information helium utilized "reflects galore Twitter accounts that are not included successful mDAU" and that the Botometer instrumentality helium utilized relies connected a antithetic process than the institution to find whether an relationship whitethorn beryllium a bot. It added that Botometer "earlier this twelvemonth designed Musk himself arsenic highly apt to beryllium a bot."

      The back-and-forth betwixt Twitter and Musk offers a preview of the arguments each broadside volition marque erstwhile the lawsuit goes to trial, assuming they don't hold to a colony first. A five-day proceedings is acceptable to footwear disconnected connected October 17, aft Twitter had pressed to expedite the proceedings.

        Musk past period moved to terminate his statement to bargain Twitter, accusing the institution of breaching the woody by making misleading statements astir the fig of bot accounts connected its level and withholding accusation that helium claims could assistance him measure the issue. Days later, Twitter filed a suit against the billionaire, alleging that he'd violated the statement and asking a tribunal to compel him to travel done with the deal.

        In summation to doubling down connected concerns astir bot accounts, Musk's responses besides criticized Twitter's usage of monetizable regular progressive users, a metric Twitter publically reports to advertisers and shareholders to correspond its growth.

        Musk claims that his evaluations amusement lone a tiny information of the users Twitter considers mDAU really make important gross for the institution by viewing and engaging with advertisements, alleging that the measurement is not really arsenic bully an indicator of aboriginal gross maturation imaginable and semipermanent show arsenic Twitter's nationalist filings imply.

        "Twitter besides does not people the methodology it follows to find its mDAU count, oregon however it excludes nonmonetizable accounts from that metric," Musk's reply states. "Thus, it is highly hard for immoderate 3rd enactment to wholly recreate Twitter's mDAU calculations."

        Musk's reply alleges Twitter enactment has incentives to study "high mDAU numbers to stoke capitalist interest" and due to the fact that its enforcement compensation operation is based partially connected mDAU.

        The proceedings  betwixt  Twitter and Elon Musk present  has a date

        In its answer, Musk's squad explains that the billionaire is acrophobic with the spam bot contented due to the fact that "transitioning users who bash not make immoderate gross into much progressive users ... is nary casual task." Musk's squad adds: "A institution focused connected adding these progressive users would put important resources towards trying to amended Twitter to maximize engagement, specified arsenic by efficaciously targeting spam oregon mendacious accounts."

        Twitter said successful its effect to Musk's counterclaims that its mDAU number has ne'er purported to amusement however galore users make important gross by interacting with ads, but alternatively shows the fig of existent users who could beryllium monetized by being shown ads. It besides noted that Musk's mDAU-related claims were not included successful his archetypal termination filing and "are a recently invented litigating position."

        The institution besides continues to assertion that the contented of bots is not, and has ne'er been, germane to the completion of the acquisition deal. "Musk has received monolithic amounts of accusation from Twitter, for months, and has been incapable to find a valid excuse to backmost retired of the contract," Twitter's effect states.

          In a missive to Twitter employees that was included successful Friday's regulatory filing, Twitter General Counsel Sean Edgett said that portion Twitter had the accidental to petition redactions successful Musk's answer, it chose not to. (Twitter had antecedently sent a missive to the justice overseeing the lawsuit asking her to guarantee Musk's squad would not record the nationalist reply aboriginal truthful they would person capable clip to reappraisal it for imaginable redactions.)

          "We chose not to redact immoderate information--we afloat basal down our SEC filings, the methodologies we usage to cipher mDAU, and our statements astir the percent of spam accounts connected our platform," Edgett said successful the letter.

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