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Re:Twitter Sues Musk After He Tries Backing Out of $44B Deal by flutas on Tuesday July 12, 2022 @06:05PM (#32076287)
Honestly it sounds like they are both trying to hide behind different terms.

Twitter constantly uses "mDAU" which they define as

  people, organizations or other accounts who logged in or were otherwise authenticated and accessed Twitter on any given day through twitter.com, Twitter applications that are able to show ads, or paid Twitter products, including subscriptions.
which would miss all of the "spam bots" that use the API to publish tweets.

While Musk is constantly claiming general Users.

I'm no contract lawyer but this is certainly going to be a fun one to watch.

Re:Twitter Sues Musk After He Tries Backing Out of $44B Deal by JamesSwift on Wednesday July 13, 2022 @12:33PM (#32085023)
Importantly, the only term that matters legally is the one Twitter chooses to hide behind. It doesnt matter how Musk classifies the users into buckets, because his statements on what % of bots are not what hes claiming Twitter lied about. The only thing that matters is that the made up metric they came up with and called mDAU and the arbitrary method they used to count the bots in that metric (5%) is not part of a nefarious plan to mislead the SEC/investors.

Even if their process was a bad one, it doesn't matter as long as it wasn't _intentionally_ bad or if the made up number was actually way higher.