“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.
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.