countrpt
This problem is why enterprise contractual agreements and large compliance systems exist for companies at this scale. Large hosting providers like AWS, Azure, GCP, etc. provide an ability to scale and assurances about risk mitigation, privacy, and availability that are much more viable than each company having to maintain their own private in-house fleets just to create an additional illusion of privacy/security that’s actually no better than tight contractual controls to begin with.
Maybe they need to explain this properly, but servers don’t magically have a lower level of risk just because they’re behind your four walls. In fact, if you lack the experience and expertise, the risk is almost certainly higher depending on your threat model. (And for Apple, their threat model is at the nationstate level. They don’t choose their hosting providers lightly.)
Probably what you’d have to do is close the current app and publish a new app with the new business model (subscriber-only at a higher price). The amount of people who would move to such app would only be a tiny fraction of the previous userbase (as most app users were free before), and now you keep having to deal with this chaotic company who could just change the rules again at any time with little/no notice. Plus you’ll never get the kind of reach you had before without the freemium model. I think most indie devs would likely choose to just quit and move on with their lives. If someone wants to buy his code from him and publish their own subscriber-only app, probably it’s an option.
So the argument wouldn’t be that they lied. It would be that the information they provided wasn’t useful to gauge the true scope of the “bot problem” on Twitter - at best it’d be misleading by omission, which is almost certainly not illegal given what publicly-traded companies do all the time. (Making truthful statements and being fully transparent with all facts of a business are clearly not the same thing.)
Part of the reason Twitter is so hesitant to put some number on bots is because we’d first have to agree on how to define it exactly and how to measure it objectively. If someone uses the API or third-party app or integration to interact with Twitter, how do you prove they’re not a bot? Twitter’s definition avoids that by focusing on people who can see ads on the website and if you’re actually visiting the website proper (or using an official app) you’re much less likely to be a bot to begin with.
But honestly, all this stuff is just a distraction anyway. The SEC statements were there for years and if he doubted it this could have come up during due diligence. He only is making a stink about it now because a) he wants to get out of the deal at the quoted price and b) he wants to embarrass Twitter in the process. In fact, it seems to me this whole thing from the get-go was an exercise in the hopes of uncovering evidence of something salacious regarding “censorship” and various posturing around it. There never appeared to be any realistic and serious plans to address the issues at hand, just to gesticulate wildly about it in front of the press. I think those truly concerned about the problems being discussed should have hoped for better from this whole thing.
This is why I’ve always been a bit surprised developers haven’t done more to get ahead of these kinds of issues with responsible disclosures and transparency, because it seems to be just inviting regulation. I honestly don’t think most F2P games pull the kinds of slimy tricks you’re accusing them of (most just use simple loot tables and RNG), but there’s nothing holding them accountable to say they can’t because everything is opaque.