“That infringement threatens not just significant monetary damages, but the potential for injunctive relief that would threaten Twitter’s ongoing business as currently operated.”
This feels like an extremely important part of this story that no one is even discussing. What ended up happening here?
“Mr. Zatko alleges that:
Twitter’s platform is built in significant part on the misappropriation and infringement of third party intellectual property”
https://twitter.com/sparklingruby/status/1620625924097179649?s=20&t=8yV-HY-qn0MdTaQQOI5iTQ
I don't believe for a moment this was idiocy on Musk's part.
I think we're about to come face-to-face with the men behind the curtain.
I see an epic legal battle for truth and transparency via exposure forthcoming.
If there is some kind of infringement, to me it indicates the black tech that came from CIA.
We know that Facebook came from Lifelog which was a DARPA project. I am sure the same is true for Twitter, Google, Amazon etc
Even if they didn't originally I have no doubt that they were perverted and propped up
Section 4.14. Intellectual Property. In the Merger Agreement, Twitter represented, inter alia, that it was not infringing the intellectual property of others (the “Non-Infringement Rep”) and that it was in compliance with all applicable data privacy and protection requirements (the “Data Privacy Rep”). Both representations were apparently false when made on the date of the Merger Agreement and as of the date of the July 8 Termination Notice, and both continue to be inaccurate. As revealed by the Zatko Complaint, Twitter apparently never acquired the rights to Twitter’s core machine learning models, which the Musk Parties understand to be fundamental to the Twitter platform itself. That infringement threatens not just significant monetary damages, but the potential for injunctive relief that would threaten Twitter’s ongoing business as currently operated. Either alone would be a Company Material Adverse Effect under the terms of the Merger Agreement. Similarly, the Zatko Complaint lays out widespread, egregious violations of the data privacy protections that a company like Twitter is expected—and, indeed, legally required—to have in place. This would be a gross violation of trust by the Twitter platform that will have legal and commercial consequences, and which also gives rise to a Company Material Adverse Effect under the terms of the Merger Agreement.
https://t.co/lUEsYEFEdq
The fact that Elon went ahead with the merger indicates to me that behind the scenes there was agreement to rectify this. Would be interesting to see what / how its done.
These files are public.
Maybe people will learn that it wasn't some organically-created tool for people to communicate and share quick ideas, but rather a CIA-created honeypot to gather information from many millions of people, and to also influence and brainwash those many millions of people with an army of bots. Hopefully they'll also learn that about Facebook, and that Dorsey/Zuckerberg were merely the public faces for those information gathering tools.
I believe that is what happened. The CIA is at the core to spy on people.
or that The CIA stole the tech from someone elas and then told Jack to " add this code to your platform" not telling them that CIA stole it is a bit lake a honey trap once Twitter had built significantly more code dependant on the stolen code.. CIA sort of had them by their feathery little balls...
Are you assuming that twatter was created organically by Dorsey?
I Don't know that Ibwould go that far.
117% a CIA / DoD creation.
Yeah, no way Musk paid 44 Billion and just found this out. This was probably the Government's failsafe mech. from the get go. Then Musk came along, and they didn't realise how far he would go. He already stated he may have to build it again from the ground up to get rid of all the fuckery.
This sentence: "He already stated he may have to build it again from the ground up to get rid of all the fuckery." is EXACTLY why this was brought now...
Elon knew what he was getting in with and it wasn't the bed bugs, CIA/DoD/DARPA, etc.
When a guy like Elon comes up with a program to land rocket boosters on fucking moving barge...that says he knows something about software and what it is capable of. He doesn't need to "KNOW" all the particulars of the software, BUT ENOUGH to know the copyrights/intellectual properteis/etcs...of what he is buying...
Yeah, Elon Musk is very bright and especially with softwire. He shitcanned a lot of Twitter Eng. brought in a few of his own, and has done amazing things there. Constant updates, getting rid of a lot of the bots, plastering the truth so it gets out there. Can't wait for the Fauci stuff comes out this month.
The question is where did Elon get his money to start Tesla, buy Twitter, and his Star Link. Is HE clean, or did the CIA/DOD provide the money for those too?
Nevermind getting rid of all the bullshit, it's just an absolutely terrible platform.
It is inherently worthless to everyday Americans. I dont know anyone who uses Twitter regularly. It is a government psyop/propaganda weapon that is artificially propped up with taxpayer money, bots and false accounts with the conversation amplified by the usual suspects.
Without Trumps voice and government subsidies Twitter would be long dead. The only reason it has relevance now is Musk.
This isn’t idiocy. But the tweet talking about this should be read at face value. There seems to be some confusion from the comments on that tweet. Some people seem to think that this was some sort of oversight on Musk’s part, like as if the contract didn’t contain the entirety of twitter. What it is saying is that Twitter (1) is just stealing intellectual property and weaving it into their business without the right to do so; and (2) represented to Musk that it was not doing so. Twitter had a duty to be truthful and forthcoming with this information prior to making any deal because it is material to any prospective new owner.
If the potential damages from such unlicensed use are substantial, it would be grounds to void the contract and seek major damages. Twitter didn’t exactly have a laundry list of potential buyers. It could be felony theft by deception, too.
Hypothetically, if shit hit the fan and this was a multi billion dollar unlicensed use of IP, where does Elon go for damages? This I have no answer for. Are individual shareholders going to be liable? I doubt it. Who else has pockets deep enough who would be culpable here to cough up that kind of cash? I don’t know how you’d rescind this contract and get all your money back at this point, either. If you can’t recover the damages, how are you going to recover 10x that number to undo the deal?
Uncle Sam, of course. If the govt. supplied twitter with I.P. or other tax payer funded tech, and failed to reveal (concealed) that to Elon, then the govt. would owe him some money.
Maybe. But doubtful. Damages don’t come from the provision of said IP, but rather the use. Which was exclusively twitter’s in this circumstance. Best case scenario is some type of joint and several liability. But unless Uncle Sam consents to be sued in this circumstance you cannot sue them over it.
Yes, you make good points. However, if (assuming a lot of "if's" here) the govt. did not reveal that it was providing hardware/software/IP to twitter in order to support vital functions required for twitter to operate, then the govt. might just find itself ensnared in fraud litigation. And fraud would remove legal protections, potentially allowing Musk to go after them for damages. Maybe, based on my armchair lawyer perspective.
There aren't any more shareholders. Elon was buying them out too. That's how he was able to buy it: he tendered an offer directly to the shareholders. The board then had a fiduciary and legal responsibility to put it to a vote for the shareholders. They accepted it, and there was nothing the board could do at that point.
Some of them rolled their shares into the new twitter that is private. I want to say that saved him like 2 billion or something. Not quite sure.
In ordinary fraud cases, you sell me something based on fraud, I sue you for rescission, you give me my money back. How does that work with a publicly traded company? How can you rescind a contract in this circumstance? Given that there isn’t anyone with deep enough pockets to pay the unlicensed IP use damages, there’s also nobody to get your 50 billion back from. That’s fucked. No idea what could happen there.
Enter Toto pulling back the curtain. This is part two of why Elon bought Twitter! Damn, I need more popcorn!
That would explain why Musk was seen leaving the New York DA's court where the Stormy Daniels stuff is happening right now.