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Twitter to Depose Tesla CEO Elon Musk, Known for ‘Combative’ Testimony, Ahead of Upcoming Legal Battle

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Billionaire Elon Musk’s tendency to dish out insults while being questioned under oath will be tested anew this week, when lawyers for Twitter are expected to interview the Tesla CEO about his abrupt decision in July to ditch his $44 billion (roughly Rs. 3,37,465 crore) deal for the social media company.

Testifying in past legal battles, the world’s richest person has called opposing attorneys “reprehensible,” questioned their happiness and accused them of “extortion.” He asked one attorney if he was working on a contingency because the lawyer’s client was allegedly behind on child support payments.

“So probably you’re on a contingency or you’re taking that kid’s money. Which is it?” Musk asked a lawyer for a whistleblower in a case against Tesla, according to a transcript of the 2020 deposition.

The high-stakes Twitter interview is closed to the public. A court filing last week said the Musk deposition was scheduled to begin on Monday and run into Wednesday, if needed. Sources with knowledge of the deposition said Musk was not questioned on Monday and they did not know what day it would begin nor did they give a reason for the delay.

Musk’s lawyers will want to keep him focused on answering questions, but that can be a challenge with such a smart and opinionated witness, said James Morsch, a corporate litigator who is not involved in the court battle.

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“I would compare it to trying to hold a tiger by his tail,” Morsch said.

In a 2019 deposition in litigation over Tesla’s takeover of solar-panel maker SolarCity, Musk refused five times to answer one of the initial questions because of the way it was worded, the transcript shows.

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“We can stare at each other until you rephrase it,” Musk told opposing attorney Randall Baron, according to a transcript.

“I’ll guess we’ll just cancel this deposition,” Baron responded. Baron suggested that he would seek an order from the judge directing Musk to answer questions, which seemed to get things moving.

Twitter declined to comment and Musk’s legal team did not immediately respond to a request for comment.

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Twitter’s attorneys are expected to use the interview to try to show that Musk abandoned the deal due to falling financial markets and not because the company misled him about the real number of users or hid security flaws, as he alleged.

Musk wants a judge to allow him to walk away without penalty, while Twitter wants an order forcing him to buy the company for $54.20 (roughly Rs. 4,180) per share. Twitter’s stock ended up 0.4 percent at $41.58 (roughly Rs. 3,300) on Friday.

A five-day trial is scheduled to begin on October 17 in Wilmington, Delaware.

Dozens of depositions are scheduled in the case, including of Twitter CEO Parag Agrawal, as each side questions witnesses and gathers evidence to make its case.

Agrawal was scheduled to answer questions from Musk’s lawyers at a law firm in San Francisco starting at 9.00am (9.30pm IST) local time on Monday, according to a court filing, although sources said that deposition was also postponed and did not give a reason.

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Twitter co-founder and former Twitter CEO Jack Dorsey was scheduled to be deposed last week.

What is the whole truth?

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Musk at times has shown in his depositions the charm and wit he deploys on Twitter, where he has built a cult-like following.

The Twitter deposition atmosphere could be especially fraught. Its legal team includes the firm of Wachtell, Lipton, Rosen & Katz, and the main lawyer on the case, Bill Savitt, initially represented Musk and Tesla in the SolarCity deal, although not during discovery and depositions in the litigation.

Savitt did not respond to a request for comment.

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Twitter is also represented by Wilson Sonsini Goodrich & Rosati.

A constant in the three depositions reviewed by Reuters is Musk’s dislike of attorneys representing the opposing side, who he accuses of “trickery” and pursuing him merely for money.

“I heard yesterday that 3% of the U.S. economy is legal services. That’s one of the saddest facts I’ve heard in a long time,” Musk said to Baron, the lawyer in the SolarCity deposition.

The deposition in the litigation with the Tesla whistleblower, Martin Tripp, who accused the company of wasting raw materials, began with Musk being asked if he understood the oath he took to testify truthfully.

“This sounds like some sort of legalese, semantic argument. The — what is the whole truth of something?” asked Musk, according to the transcript. “You say, ‘Is that a tree? What kind of tree is it? Is it a tree with lots of leaves?’ Or is — if you’re saying something is a tree is the whole truth? No, of course not.”

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Tripp’s attorney reminded Musk that the judge warned he would oversee the deposition in person if questions weren’t answered properly.

See also  Telegram Founder Durov Says Delete WhatsApp If You Don't Want Your Photos, Messages Public

“Do you intend to comply with the judge’s admonition there?” asked attorney William Fishbach.

“Of course,” Musk said.

© Thomson Reuters 2022


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Twitter Stops Enforcing COVID-19 Misinformation Policy, Experts Express Concerns Over False Claims

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Twitter will no longer enforce its policy against COVID-19 misinformation, raising concerns among public health experts and social media researchers that the change could have serious consequences if it discourages vaccination and other efforts to combat the still-spreading virus.

Eagle-eyed users spotted the change Monday night, noting that a one-sentence update had been made to Twitter’s online rules: “Effective November 23, 2022, Twitter is no longer enforcing the COVID-19 misleading information policy.”

By Tuesday, some Twitter accounts were testing the new boundaries and celebrating the platform’s hands-off approach, which comes after Twitter was purchased by Elon Musk.

“This policy was used to silence people across the world who questioned the media narrative surrounding the virus and treatment options,” tweeted Dr. Simone Gold, a physician and leading purveyor of COVID-19 misinformation. “A win for free speech and medical freedom!”

Twitter’s decision to no longer remove false claims about the safety of COVID-19 vaccines disappointed public health officials, however, who said it could lead to more false claims about the virus, or the safety and effectiveness of vaccines.

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“Bad news,” tweeted epidemiologist Eric Feigl-Ding, who urged people not to flee Twitter but to keep up the fight against bad information about the virus. “Stay folks — do NOT cede the town square to them!”

While Twitter’s efforts to stop false claims about COVID weren’t perfect, the company’s decision to reverse course is an abdication of its duty to its users, said Paul Russo, a social media researcher and dean of the Katz School of Science and Health at Yeshiva University in New York.

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Russo added that it’s the latest of several recent moves by Twitter that could ultimately scare away some users and even advertisers. Some big names in business have already paused their ads on Twitter over questions about its direction under Musk.

“It is 100% the responsibility of the platform to protect its users from harmful content,” Russo said. “This is absolutely unacceptable.”

The virus, meanwhile, continues to spread. Nationally, new COVID cases averaged nearly 38,800 a day as of Monday, according to data from Johns Hopkins University — far lower than last winter but a vast undercount because of reduced testing and reporting. About 28,100 people with COVID were hospitalized daily and about 313 died, according to the most recent federal daily averages.

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Cases and deaths were up from two weeks earlier. Yet a fifth of the U.S. population hasn’t been vaccinated, most Americans haven’t gotten the latest boosters, and many have stopped wearing masks.

Musk, who has himself spread COVID misinformation on Twitter, has signalled an interest in rolling back many of the platform’s previous rules meant to combat misinformation.

Last week, Musk said he would grant “amnesty” to account holders who had been kicked off Twitter. He’s also reinstated the accounts for several people who spread COVID misinformation, including that of Rep. Marjorie Taylor Greene, whose personal account was suspended this year for repeatedly violating Twitter’s COVID rules.

Greene’s most recent tweets include ones questioning the effectiveness of masks and making baseless claims about the safety of COVID vaccines.

Since the pandemic began, platforms like Twitter and Facebook have struggled to respond to a torrent of misinformation about the virus, its origins and the response to it.

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Under the policy enacted in January 2020, Twitter prohibited false claims about COVID-19 that the platform determined could lead to real-world harms. More than 11,000 accounts were suspended for violating the rules, and nearly 100,000 pieces of content were removed from the platform, according to Twitter’s latest numbers.

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Despite its rules prohibiting COVID misinformation, Twitter has struggled with enforcement. Posts making bogus claims about home remedies or vaccines could still be found, and it was difficult on Tuesday to identify exactly how the platform’s rules may have changed.

Messages left with San Francisco-based Twitter seeking more information about its policy on COVID-19 misinformation were not immediately returned Tuesday.

A search for common terms associated with COVID misinformation on Tuesday yielded lots of misleading content, but also automatic links to helpful resources about the virus as well as authoritative sources like the Centers for Disease Control and Prevention.

Dr. Ashish Jha, the White House COVID-19 coordinator, said Tuesday that the problem of COVID-19 misinformation is far larger than one platform, and that policies prohibiting COVID misinformation weren’t the best solution anyway.

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Speaking at a Knight Foundation forum Tuesday, Jha said misinformation about the virus spread for a number of reasons, including legitimate uncertainty about a deadly illness. Simply prohibiting certain kinds of content isn’t going to help people find good information, or make them feel more confident about what they’re hearing from their medical providers, he said.

“I think we all have a collective responsibility,” Jha said of combating misinformation about COVID. “The consequences of not getting this right — of spreading that misinformation — is literally tens of thousands of people dying unnecessarily.”


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Elon Musk Hints at Plans to Increase Character Limit for Tweets in Response to Twitter User

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Twitter could expand its character limit from 280, according to a tweet by new owner Elon Musk. The world’s richest man and Twitter’s new CEO responded to a user on the microblogging platform requesting the higher character limit, stating that it was part of the company’s plan. Twitter is also working on adding encrypted direct messages (DMs), and payment services, according a set of slides recently shared by Musk on Twitter. However, it is currently unclear whether the increased character limit will be the same as the longform tweet feature teased by the company’s CEO.

On Monday, Musk responded to a Twitter user asking him to expand the 280-character limit for on tweets on Twitter to 1,000 characters. Musk responded, stating :It’s on the todo list.”

Twitter, which is referred to as a “microblogging service”, originally had a 140-character limit for tweets, which was expanded to 280 characters in 2017. At the time, the company’s blog stated that “many people Tweeted the full 280 limit because it was new and novel, but soon after behaviour normalised…We saw when people needed to use more than 140 characters, they Tweeted more easily and more often.”

The platform is one of the few services that limits users’ posts to a few hundred characters. Rival Facebook allow users to upload posts with thousands of characters.

Musk has shown interest in the idea of increasing the character limit on a number of occasions since his takeover of the platform, as per a report by Mashable.

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On November 27, a Twitter user suggested to Musk to increase the platform’s word limit from 280 to 420. “Good idea” Musk wrote in response.

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Prior to that, another user had suggested “get rid of character limits,” to which Musk responded: “Absolutely”.

Musk recently announced another major change for the platform with its multi-coloured verification system. A new three-coloured verification check mark system would replace the previous ‘Twitter Blue’ service which had to be pulled off within days of its release due to rising number of accounts impersonating well-known brands and personalities while carrying the ‘verified’ check. The new Twitter Blue verification service will tentatively be relaunched on December 2, according to Musk.


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WhatsApp ‘Message Yourself’ Feature Rolling Out on Android and iOS: Report

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WhatsApp is rolling out its Message Yourself feature to users globally. The app will now let you send a text to yourself, to store messages and files. Many users around the globe rely on WhatsApp chats to jot down quick notes or reminders, or crucial information. Until now, users would use a workaround to message themselves, or use a second WhatsApp account registered to another phone number, or rely on a chat window of a defunct WhatsApp account to store messages. WhatsApp will now let you do it easily via one of its new in-built features called Message Yourself.

According to a report by TechCrunch, the Meta owned messaging app has begun to roll out the ability to message yourself. The ‘Message Yourself’ feature will be similar to sending a text to another user, except that the message will remain in a separate chat on your phone.

Once the feature is rolled out, users will see a separate chat with their name followed by “(You)”. You will be able to jot down notes, shopping lists, keep reminders, store bookmarks. You will also be able to forward messages from other users, just like you can for other chats.

You can tap on the new chat button from the WhatsApp home screen and select your name. Once you tap on it, you will be able to send texts to yourself. If you are in another app, you can also use the sharing menu to send files, images, and other media to yourself.

WhatsApp says that the Message Yourself feature is now rolling out and should reach most Android and iOS users in the coming weeks, as per the report. Users can download the latest version of the app on Android and iOS to use the Message Yourself feature.

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Recently, the messaging app also introduced a new feature that will let iOS and Android users create polls in personal and group chats to get opinions or answers from their friends and contacts. Users’ responses to a poll’s question are protected via end-to-end encryption, according to the company.

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