In the lawsuit, which was filed Tuesday, the company said that Musk's posts were evidence that he had disrespected the company in violation of contracts he was obligated to honor when he bought it.
When Musk sent the poop symbol on May 16, the single-character post made waves on social media and made international headlines as it was seen as condemnation of CEO Parag Agrawal's statements about addressingspam accounts on the platform.
According to Musk's lawyers, the company didn't give him enough data to prove that less than 5% of its active users are fake.
"First, I want to make it clear that the experience for real people on Twitter can be harmed by spam, and that can hurt our business." We are strongly incentivized to detect and remove as much junk mail as possible. A person who suggests otherwise is wrong.
The internal estimates for the last four quarters were all under 5%. We have confidence in our public statements because of the error margins on our estimates. Given the need to use both public and private information, we don't believe that this estimation can be done outside.
So how do advertisers know what they're getting for their money? This is important to the health of the company.
In its suit against Musk to force his agreement to buy it, the company said the post in particular was one which showed his disdain for the platform.
According to the complaint, since signing the merger agreement, Musk has created business risk and downward pressure on the company's share price.
He violated his obligations to treat requests for consent reasonably and to provide information about financing status by putting the deal on hold.
Insider's request for comment was not responded to by legal counsel for Musk.
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