[HN Gopher] Twitter board adopts poison pill after Musk's $43B b...
       ___________________________________________________________________
        
       Twitter board adopts poison pill after Musk's $43B bid to buy
       company
        
       Author : grogu88
       Score  : 641 points
       Date   : 2022-04-15 17:59 UTC (1 days ago)
        
 (HTM) web link (www.cnbc.com)
 (TXT) w3m dump (www.cnbc.com)
        
       | isitmadeofglass wrote:
       | My prediction is that Elon will have sold a majority of his stake
       | in Twitter soon, netting him a huge gain before the dust settles.
       | And he'll likely get a small symbolic fine again for his blatant
       | market manipulation.
        
         | nonethewiser wrote:
         | You mean the move he broadcasted last week? There is no
         | manipulation.
        
         | micromacrofoot wrote:
         | yeah his favorite pastime seems to be pump and dump, not sure
         | why people continually believe whatever bs he sells when he
         | does stuff like this... Elon Musk does not give a flying fart
         | about free speech
        
           | mlindner wrote:
           | Musk has never done a pump and dump, so I'm not sure where
           | you get the idea of it being a "favorite pasttime".
        
             | kderbyma wrote:
             | he prompts his massive following to jump...he is Pavlovian
             | in a way with his cult
        
               | mlindner wrote:
               | I'm not sure what you're saying. Pump and dump requires
               | you actually do the "dump" part.
        
         | mlindner wrote:
         | Yes this unfortunate lie will be crowed from the rooftops that
         | Musk is just manipulating the market when he in fact has zero
         | history of actually caring about making money on the stock
         | market.
        
       | lucb1e wrote:
       | To explain the title:
       | 
       | > a limited duration shareholder rights plan, often called a
       | "poison pill,"
       | 
       | > Under the new structure, if any person or group acquires
       | beneficial ownership of at least 15% of Twitter's outstanding
       | common stock without the board's approval, other shareholders
       | will be allowed to purchase additional shares at a discount
       | [until] April 14, 2023.
        
       | nickysielicki wrote:
       | I don't understand how any board can implement a "poison pill",
       | not just Twitter but Netflix and others, and not be found working
       | against the interest of shareholders. Can anyone help me
       | understand?
       | 
       | You're categorically changing the profile of the stock. This has
       | a chilling effect on large investors, including but not limited
       | just to Musk, right?
       | 
       | Vanguard, for example, has just had its range of further
       | investment limited arbitrarily. Isn't that bad for all
       | stockholders, to know that large stakeholders will not drive the
       | price up if they somehow gain substantial belief in the company?
       | 
       | The risk portfolio of Vanguard just went up considerably because
       | in the case that they fully lose faith in the board, they no
       | longer have the option of installing a friendly board, they must
       | simply liquidate their holdings. This, in turn, makes them more
       | skeptical of further smaller (non-takeover) investment because
       | it's more to liquidate and more risk.
       | 
       | Who does this benefit _besides_ the board? I guess I understand
       | that the board is not beholden to the interests of all
       | shareholders equally, and I'm not suggesting that this doesn't
       | benefit _some_ shareholders, but where does the line start?
        
         | recuter wrote:
         | I don't understand how any board can implement a "poison pill",
         | not just Twitter but Netflix and others, and not be found
         | working against the interest of shareholders. Can anyone help
         | me understand?
         | 
         | You're categorically changing the profile of the stock. This
         | has a chilling effect on large investors, including but not
         | limited just to Musk, right?
         | 
         | Correct. Hence the term poison pill. Now nobody else will be
         | interested in buying them either and Elon selling out will tank
         | the stock. As a reminder their stock steadily dropped all the
         | way to $14 after the initial IPO pop and they've been losing
         | money since before Covid.
         | 
         | Woke means broke I guess. I think his plan B will be to start a
         | competitor. I'm very tempted to heavily short as soon as he
         | walks away definitively.
         | 
         | As to your question of, won't the other shareholders get mad at
         | the board and potentially sue them - I think the board is
         | drinking their own koolaid.
        
           | version_five wrote:
           | > I think his plan B will be to start a competitor
           | 
           | I hope it isnt: I think that starting a top down, meaning
           | "look I built this, everyone move over from twitter",
           | competitor has a very low probability of success, regardless
           | of who starts it. There is too much of an attack surface,
           | there will be too much drama on real Twitter about it, early
           | adopters will be gun nuts or some other out group and that
           | will be how they get characterized, etc etc.
           | 
           | The real chance at a competitor would be something that grew
           | organically, that people wanted to move to because it offered
           | something valuable before it reaches scale. This is how
           | actual businesses start. The top down approach is how massive
           | flops happen.
           | 
           | Incidentally, the same holds true for the Facebook metaverse
           | and imo suggests it will certainly fail
        
             | ratboy666 wrote:
             | Remember that this IS Musk; not very predictable. But I'm
             | going to try... Since Musk has stated that this was NOT to
             | make money, I imagine that triggering the poison pill, and
             | THEN dumping the shares would tank the stock. Musk did say
             | "final offer, and if rejected, re-evaluate". The poison
             | pill trigger? Not something talked about.
             | 
             | I hold some shares of TWTR, and would continue. For the
             | lulz.
        
             | recuter wrote:
             | You're probably right. On the other hand he is one of their
             | biggest users and has a lot of celebrity friends.
             | 
             | There's too much drama on real twitter about it anyway.
             | They might be stupid enough to ban him too soon, and if
             | they keep on doing that nobody will want to use it. A lot
             | of the top users haven't tweeted in over a year.
        
           | quest88 wrote:
           | He can buy one of those other competitors used by right-wing
           | folks. Hell, if "free speech" is so important to him and to
           | everyone else he wants to rescue he can just tweet to use
           | those other platforms. It's certainly cheaper.
        
             | recuter wrote:
             | Twitter is "losing hundreds of millions of dollars every
             | year" (I don't know if that's how we're using air quotes
             | now, just following your lead), it is already circling the
             | drain. No need to buy anything, it would be _trivial_ for
             | him to setup a clone and fund it indefinitely while it
             | tears itself apart.
        
               | threeseed wrote:
               | Revenue grew 37% since last year.
               | 
               | And they were profitable when you exclude their once off
               | litigation expense.
               | 
               | Not sure about your definition of circling the drain but
               | Twitter definitely isn't.
        
             | Hamuko wrote:
             | Spoiler alert: other platforms are not in any way more
             | "free speech". Gab for example bans porn, which is both
             | free speech protected by the First Amendment, and allowed
             | on Twitter. TRUTH Social seems to forbid a lot of things,
             | such as depictions of violence, lewd content,
             | libelous/slanderous content and lying (true to their name,
             | I guess?).
        
             | PKop wrote:
             | Twitter is where the network effect and users are, so no it
             | makes more sense to take over Twitter and shape it to your
             | own views if you are a billionaire who wants to make an
             | impact on public discourse and free speech.
        
           | Cookingboy wrote:
           | >Woke means broke I guess.
           | 
           | That sentence alone means you weren't even discussing this in
           | good faith.
           | 
           | It's very well possible that the Twitter board believes that
           | they can achieve higher value for the shareholders than what
           | Elon offered. It's also very well possible that after talking
           | to Elon through private conversations that you were not part
           | of, they fundamentally disagree with his value and the
           | direction he wants to take the company.
           | 
           | >I think his plan B will be to start a competitor.
           | 
           | Hey, maybe he would buy Parler, that would sure get him all
           | the attention he desperately craves for. /s but maybe not.
        
             | JKCalhoun wrote:
             | Fascism means cashism!
             | 
             | (Sorry, unable to resist.)
        
               | [deleted]
        
             | 015a wrote:
             | All of this is possible, but the reality is: Twitter is a
             | 16 year old company that has changed imperceptibly since
             | its inception. Elon has several polls over the past month,
             | voted on by literally over 3M people, vehemently
             | disagreeing with some of the policies Twitter holds dear.
             | Their revenue is flat and down. They literally had a
             | chokehold on global politics during the Trump era, and did
             | nothing with it toward building a better business, or even
             | a better social network.
             | 
             | Their board can believe all they want. But they're failing,
             | miserably. Elon isn't perfect, but at least he doesn't have
             | a demonstrated history of driving his companies' value into
             | the basement, like Twitter's leadership does. This move by
             | their board serves no-one but them; it doesn't serve
             | Twitter's users, it doesn't serve their customers
             | (advertisers), it doesn't even serve the vast majority of
             | shareholders (which will be evidenced by an unprecedented
             | sell-off on Monday).
             | 
             | Goldman advised them to block the purchase, because
             | $52/share was too high, while simultaneously holding a $30
             | sell benchmark on TWTR. Its not even ironic that this is
             | where Twitter's stock is going; its what they predicted,
             | and then caused. The idiots in the room are the Twitter
             | board, who actually believed the advice was given in good
             | faith.
        
               | threeseed wrote:
               | > Elon isn't perfect, but at least he doesn't have a
               | demonstrated history of driving his companies' value into
               | the basement
               | 
               | How are SolarCity and Boring doing these days ?
        
               | johannes1234321 wrote:
               | > Elon has several polls over the past month, voted on by
               | literally over 3M people,
               | 
               | Oh sh*t i don't follow him and didn't care about those
               | votes ... should I write a bot to make my voice heard? Is
               | that how it goes? (Or in other words: such a vote has no
               | statistical significance aside from pleasing Musk's ego
               | or whatever is driving him and his need for attention)
        
               | cinntaile wrote:
               | > Their revenue is flat and down.
               | 
               | This makes me wary of your post. You could have easily
               | fact checked this and you would have seen that this is
               | incorrect. It's up 37% compared to the year before that.
               | [0] I checked the last 3 years and the growth has been
               | positive during all 3 years. [1]
               | 
               | [0] https://www.prnewswire.com/news-releases/twitter-
               | announces-f... [1] https://www.macrotrends.net/stocks/cha
               | rts/TWTR/twitter/reven...
        
             | swayvil wrote:
             | I for one prefer that my communication-medium not have
             | "values". For obvious reasons.
        
               | Cookingboy wrote:
               | Not having value is a value in itself. It takes a crazy
               | amount of _effort_ to be completely neutral.
               | 
               | >that my communication-medium
               | 
               | Twitter is first and foremost a publishing platform, you
               | should not rely on it as a private communication medium.
               | None of the chat apps I know censor stuff, so use them
               | instead.
               | 
               | Use Twitter for public communication if you want, but
               | since it's in the public domain you can't complain too
               | much if there is content moderation.
        
               | swayvil wrote:
               | I dunno man. My email software seems to accomplish that
               | feat quite easily.
               | 
               | Sure I can complain. When it's the defacto public forum
               | any administrative conversation-tweaking is pure poison
               | to our society.
               | 
               | And also, yes, there is an implicit promise that the
               | conversation between you and me is not getting fucked
               | with by an invisible rat in the middle. So when I smell
               | one of those rats, heck yes I'll complain. That's
               | objectively ratty.
        
               | stale2002 wrote:
               | > Not having value is a value in itself. It takes a crazy
               | amount of effort to be completely neutral.
               | 
               | The phone company does a pretty good job of it, and we
               | have regulations that force them to be mostly "neutral".
               | 
               | Those regulations have worked out quite well. Perhaps it
               | time to expand our existing, and working regulations to
               | other platforms, given that they work so well on existing
               | platforms.
        
               | ahtihn wrote:
               | One-to-all broadcasting is a fundamentally different
               | medium than one-to-one conversations.
               | 
               | The various messenger apps are closer analogs to phone
               | companies and they have no or very light content
               | moderation.
        
               | stale2002 wrote:
               | There are some differences, yes. But regardless of those
               | differences, society has not collapsed because of those
               | laws. Those laws work just fine.
               | 
               | So they could be extended to other things, and the world
               | would also not collapse if that happened.
        
             | treeman79 wrote:
             | The entire Twitter battle is about the woke left taking
             | over / banning all of America culture.
        
               | myko wrote:
               | This implies American culture is pro-fascism, and while
               | there are elements of that I don't believe that
               | encapsulates American ideas - the gamut of ideologies
               | have been part of the nation since its founding, though
               | the ideas and what that means have shifted over time
        
             | nemo44x wrote:
             | > It's very well possible that the Twitter board believes
             | that they can achieve higher value for the shareholders
             | than what Elon offered
             | 
             | Who would believe that? They've had years to prove it and
             | as they stock market has doubled in value their stock has
             | been cut in half.
             | 
             | Share holders should sue. It's time to trick their world
             | and either drive the stock price to a few bucks or force
             | then board to do their fiduciary responsibility and sell
             | the company.
             | 
             | It's a great offer.
        
             | recuter wrote:
             | > That sentence alone means you weren't even discussing
             | this in good faith.
             | 
             | Is that what good faith means now? Being religiously part
             | of Camp A or B?
             | 
             | The balance sheet speaks for itself. Incidentally Parler or
             | his potential Twitter clone will also end up a toxic
             | internet community. Who cares? I personally wouldn't use
             | either one.
             | 
             | Certainly with Twitter already doing a great job losing
             | money and alienating most people (almost nobody actually
             | tweets and usage is falling) an alternative would split the
             | user base and accelerate their demise and the inane concept
             | of web micro-forums being worth tens of billions of
             | dollars. Companies will simply decide advertising on
             | Parler/Twitter is not worth the hassle.
        
               | threeseed wrote:
               | > The balance sheet speaks for itself
               | 
               | a) Revenue increased 37% y/y.
               | 
               | b) User count growing at 2% y/y.
               | 
               | c) Profit of $273m in 2021 when you exclude once-off
               | litigation expense.
               | 
               | https://www.prnewswire.com/news-releases/twitter-
               | announces-f...
        
               | woadwarrior01 wrote:
               | > c) Profit of $273m in 2021 when you exclude once-off
               | litigation expense.
               | 
               | The once-off litigation expense might soon be recuring in
               | 2022, after this move. The former was a shareholder class
               | action lawsuit, and the latter will most likely be the
               | same.
        
               | threeseed wrote:
               | Twitter is predicting a drop in GAAP loss in 2022 to
               | between $225-$175m.
               | 
               | So even if the lawsuit is recurring (neither of us know)
               | they are still managing to reign in their losses.
               | 
               | By any definition the company is heading in the right
               | direction.
        
               | Cookingboy wrote:
               | >Is that what good faith means now? Being religiously
               | part of Camp A or B?
               | 
               | No. But you immediately made this into a Camp A vs. Camp
               | B problem when in reality there could be a million
               | different reasons for the Twitter board to not want to
               | get acquired means you weren't trying to discuss this
               | specific situation, you were looking to turn this into a
               | debate on "wokeness". That's why I said you weren't
               | discussing in good faith.
               | 
               | >The balance sheet speaks for itself.
               | 
               | Does it? Elon has seen the same balance sheet and he
               | thinks the true value of the company is higher than what
               | it is now as well. So obviously he thinks Twitter has the
               | _potential_ to achieve much higher value through
               | implementing XYZ. The board agrees too but just disagree
               | on what that XYZ is.
        
               | freedomben wrote:
               | > _Elon has seen the same balance sheet and he thinks the
               | true value of the company is higher than what it is now
               | as well. So obviously he thinks Twitter has the potential
               | to achieve much higher value through implementing XYZ.
               | The board agrees too but just disagree on what that XYZ
               | is._
               | 
               | Yes, but one version of XYZ (the board's) has been tried
               | while the other (Elon's) has not. Elon's plan might lead
               | to even worse results than the board's, but _he_ doesn 't
               | think it would, hence his optimism if they adopt his
               | plan.
        
               | recuter wrote:
               | > Elon has seen the same balance sheet and he thinks the
               | true value of the company is higher than what it is now
               | as well.
               | 
               | Up to you to take him at his word however he has stated
               | otherwise.
               | 
               | "It's important to the function of democracy, it's
               | important to the function of the united states as a free
               | country and on many other countries and actually to help
               | freedom in the world more broadly than the US.
               | 
               | You know I think this there's the risk, civilizational
               | risk, uh is decreased if twitter, the more we can
               | increase the trust of twitter as a public platform and so
               | I do think this will be somewhat painful and I'm not sure
               | that I will actually be able to to acquire it.
               | 
               | I mean I could technically afford it um what I'm saying
               | is this is not a way to sort of make money you know..
               | 
               | It's just that I think, my strong intuitive sense is that
               | having a public platform that is maximally trusted and
               | broadly inclusive is extremely important to the future of
               | civilization"
               | 
               | - https://www.youtube.com/watch?v=yDfqwTBHah8
        
               | Cookingboy wrote:
               | Wait, you seriously think Elon is buying Twitter out of
               | his good heart to "protect" the healthy functioning of
               | democracy?
               | 
               | Jesus I know it's Friday but some of you guys start
               | drinking early man.
        
               | MrMan wrote:
               | there are better "good faith" postings on Wall Street
               | bets than HN, this place is an asylum
        
               | recuter wrote:
               | His net worth is over a quarter trillion dollars.
               | Flipping twitter for profit is very far from a sure thing
               | and seems like a waste of his time.
               | 
               | Why out of everything that he could invest in would he
               | bother with twitter specifically? Whatever his intentions
               | are it seems plausible that this isn't about money.
               | 
               | I get that you don't like him but this attitude of "I am
               | right, you are wrong, and if you disagree you are drunk"
               | is.. not a good look.
        
               | Cookingboy wrote:
               | >Whatever his intentions are it seems plausible that this
               | isn't about money.
               | 
               | It's very plausible that this isn't about money, and I
               | never said it's about money. However it's far more
               | plausible that this is about a narcissist buying media
               | and social influence and he wants to be able to shape
               | public discourse that paints him in a positive light. He
               | _really_ cares what people thinks of him.
               | 
               | All of that would seem far more likely (and suits his
               | past track record) than him doing this to "save
               | democracy".
        
               | recuter wrote:
               | > I never said it's about money.
               | 
               | > Elon has seen the same balance sheet and he thinks the
               | true value of the company is higher than what it is now
               | as well.
               | 
               | Also I'm pretty sure a narcissist is exactly the sort of
               | person to genuinely think he is saving democracy by
               | buying a website.
               | 
               | Do you know him personally? Are you a trained
               | psychiatrist? Narcissistic personality disorder can be a
               | serious affliction, tell him I hope he gets the help he
               | needs and that I wish him the best.
               | 
               | I personally just want to know what will happen to the
               | stock.
        
               | spion wrote:
               | You're incredibly naive.
               | 
               | He is already an influencer and owning a social network
               | where he gets to set his own rules would be the best way
               | to ensure his influence increases further.
               | 
               | Free speech on social media is an oxymoron. SM is
               | designed to give you power in proportion to the number of
               | connections you hold. Its a popularity contest of
               | twisted, faked, carefully crafted viral thought - most
               | real, true and meaningful things get lost in the sea of
               | professional influencers.
               | 
               | You will find more real free speech with a single visit
               | of a subreddit than you will within a week of being on
               | social media.
        
               | MrMan wrote:
               | elon wants to save us from woke people, and sees that
               | this is a trillion dollar opportunity.
               | 
               | have you seen the matrix? they powered a cluster the size
               | of the planet using humans for batteries! this is the
               | same scale problem, that and pedophilia.
        
               | [deleted]
        
               | medler wrote:
               | The topic of discussion is corporate governance and
               | finance, and you immediately pivoted to some irrelevant
               | culture war BS.
        
               | rufus_foreman wrote:
               | The topic of discussion is Elon Musk trying to purchase
               | Twitter, which is very much at the intersection of
               | finance and culture war.
        
               | MrMan wrote:
               | "culture war" is the ultimate propaganda tool to be used
               | on people who think they are smart
        
               | [deleted]
        
           | pcmoney wrote:
           | Poison Pills are rarely exercised, this is a positional move.
           | Unlikely Elon is the only interested party at this point. If
           | the board can use a pill to force a slower buy-out discussion
           | and negotiation it is very much beneficial to shareholders.
           | 
           | Their stock price was over $70 in the trailing 12 months.
           | 
           | Even with Elon's offer they are still worth 10 NFL teams
           | combined.
           | 
           | I can find zero credible evidence to support your position.
           | Please short the stock :)
        
             | recuter wrote:
             | I wasn't aware NFL teams was a unit of measurement. One has
             | to wonder if you think I am wrong why you wish for me to
             | short the stock and lose my shirt.
        
               | [deleted]
        
               | [deleted]
        
           | threeseed wrote:
           | a) The poison pill only affects those who are looking to
           | control the company in some way. Which isn't most large
           | investors at all. So I doubt you will find any who will be
           | concerned by this.
           | 
           | b) Twitter's stock price is now $45, peaked at $77 only last
           | year and is profitable. Not sure where you get this
           | ridiculous idea the company is unsellable.
           | 
           | c) There are plenty of free speech competitors to Twitter.
           | None are even remotely successful. Because as Reddit also
           | showed far more people want a moderated experience more than
           | those that don't. And Twitter is a business first and
           | foremost.
           | 
           | d) Musk is offering shareholders a premium as the stock is
           | today. But as I mentioned even just last year it was
           | significantly higher. And so I can't imagine shareholders
           | would have an issue about them turning it down if they
           | believed Twitter was still continuing to head in the right
           | direction as it is now.
        
             | SilasX wrote:
             | >The poison pill only affects those who are looking to
             | control the company in some way. Which isn't most large
             | investors at all. So I doubt you will find any who will be
             | concerned by this.
             | 
             | That's not the right way to think about it. Anything that
             | scares off ambitious, optimistic activists from buying big
             | stakes, will then suppress the stock value in general,
             | which hurts all shareholders, including the smaller ones.
             | 
             | More broadly, going public is a tradeoff. You potentially
             | give up control to outsiders, in return for greater share
             | value (and the cash infusion). Moves like this go the
             | opposite direction: decrease the potential for outside
             | control, and with it, the upward pressure on the stock's
             | value.
        
         | tonguez wrote:
         | "Who does this benefit besides the board?"
         | 
         | the people who run the US/world who depend on censorship to
         | maintain their power
        
           | MrMan wrote:
           | "they" if there is such a they, depend far more on social
           | media hypnotizing us and controlling what we perceive and
           | believe. its not the absence of free speech that is the
           | problem, its that truth about our situation cannot make a
           | dent in our psyches while we are hypnotized with a firehose
           | of propaganda and marketing.
        
         | woodruffw wrote:
         | If I was a member of Twitter's board, Musk's history of erratic
         | public behavior, SEC settlement, and openly hostile attitude
         | towards the company's employees would be more than sufficient
         | to justify my belief that his controlling ownership would not
         | be in the interest of the current average shareholder.
         | 
         | That opinion would also be consistent with how "fiduciary duty"
         | is interpreted by US regulators: companies are not required to
         | perform any _particular_ action that might reasonably be in the
         | interests of shareholders; they must merely show that the
         | company 's actions were _intended_ to be in the best interests
         | of the shareholders.
        
           | systemvoltage wrote:
           | One can equally argue that opens sourcing Twitter algorithm
           | and building trust would bring incalculable number of new
           | users, have a profound impact on their ad business and not to
           | mention, cut down their competitor's moat. People will flock
           | to Twitter like bees. Ad revenue + subscription would
           | skyrocket.
           | 
           | So, it can go either way and can be argued either way.
        
             | woodruffw wrote:
             | That's correct. Which is why "fiduciary duty" arguments
             | aren't very good.
        
             | bandyaboot wrote:
             | I think you're vastly overestimating the number of people
             | who pay attention to such things.
        
             | tayo42 wrote:
             | > opens sourcing Twitter algorithm
             | 
             | People need to stop saying this. It's nonsense. Or maybe
             | keep saying it so we know your clueless about how anything
             | works that your commenting on
        
               | JumpCrisscross wrote:
               | > _It 's nonsense_
               | 
               | Why? (Honest question.)
        
               | burnished wrote:
               | Also genuine, why would a person believe that would
               | happen? The foremost thing that comes to mind is they'd
               | be giving something of great value and receiving nothing
               | in return.
        
               | tayo42 wrote:
               | which part do you want open sourced? timelines are
               | generated after going through machine learning and then
               | multiple services. even then, some of the infrastructure
               | limits what you see in the end.
               | 
               | https://blog.twitter.com/engineering/en_us/topics/infrast
               | ruc...
               | 
               | > Unfortunately, Haplo has its limits. Since we try to
               | pull every single Tweet ID in a conversation every time a
               | conversation is loaded in real-time, this is potentially
               | an unbounded amount of data. We've found that if our
               | platform tries to load more than a certain number of
               | entries from our cache at once, our cache request latency
               | will spike, and we begin to time-out on a significant
               | fraction of read requests. Because of this, there is a
               | limit of thousands of Tweets per conversation tree in
               | this cache.
               | 
               | even just showing an ad is a ton work has a bunch of
               | services involved
               | 
               | https://blog.twitter.com/engineering/en_us/topics/infrast
               | ruc...
               | 
               | Other stuff that I think explains the complexity
               | 
               | https://blog.twitter.com/engineering/en_us/topics/insight
               | s/2...
               | 
               | https://blog.twitter.com/engineering/en_us/topics/insight
               | s/2...
               | 
               | https://blog.twitter.com/engineering/en_us/topics/insight
               | s/2...
               | 
               | there's no single algorithm, its a bunch of parts coming
               | together from hundreds of engineers and multiple
               | services.
        
               | VirusNewbie wrote:
               | You think there is no such thing as OSS models?
        
               | pbreit wrote:
               | Please explain. I can easily envision much more
               | transparency on how the feed works.
        
               | tayo42 wrote:
               | Transparency i can agree with, i think twitter does a
               | horrible job at that. especially explaining the rumored
               | shadow bans and stuff. But i think thats different then
               | open source code
        
           | SilasX wrote:
           | The problem is, this plan applies much broader than Musk, and
           | penalizes even the "good" activist/takeover artists.
        
           | TigeriusKirk wrote:
           | After they've been bought out, the performance of of the
           | company is of no concern to the former shareholders.
        
           | nonethewiser wrote:
           | > If I was a member of Twitter's board, Musk's history of
           | erratic public behavior, SEC settlement, and openly hostile
           | attitude towards the company's employees would be more than
           | sufficient to justify my belief that his controlling
           | ownership would not be in the interest of the current average
           | shareholder.
           | 
           | But all that is irrelevant because he wants to take the
           | company private- no shareholders. The impact to shareholders
           | is the massive bailout he would give them on their shares.
           | 
           | If they cared about shareholders best interests they would
           | bring it to vote.
        
           | bko wrote:
           | It doesn't have to be complicated. The shareholders should
           | have a right to decide through a proxy vote on whether to
           | accept the offer
        
             | rufusroflpunch wrote:
             | To me, this seems obvious. No reason something this fateful
             | shouldn't be put to shareholder vote. No good reason, at
             | least.
        
               | tenpies wrote:
        
               | rpmisms wrote:
               | The massive and immediate shift from "It's a private
               | company and they can do what they want" to chanting in
               | unison "This is a danger to our democracy" has been
               | horrifying to watch.
               | 
               | I don't own a TV, and yet I can tell you what the chiron
               | said this morning, nearly verbatim. Ask anyone who
               | watched it.
        
               | chx wrote:
               | Yishan Wong , the CEO of Reddit until 2012 have tweeted a
               | long thread about how Musk doesn't understand the current
               | state of moderation necessary because he was much more
               | involved with an earlier Internet. But I am of opinion
               | that Yishan is also behind as one half of the debaters
               | simply left facts and reality behind. This post here is
               | an example.
        
               | ben_w wrote:
               | Shareholding is not democratic. It is one-dollar-one-vote
               | and therefore plutocratic rather than democratic.
               | 
               | (I was going to say it also involves too much money to be
               | lefty, but then I realise that just might be my Overton
               | window and isn't necessarily related to what you think
               | "lefty" means).
        
             | bpodgursky wrote:
             | Yeah, I think Elon is going to demand this (and as a 9%
             | shareholder himself, is likely to get it)
        
               | [deleted]
        
           | thaumasiotes wrote:
           | > If I was a member of Twitter's board, Musk's history of
           | erratic public behavior, SEC settlement, and openly hostile
           | attitude towards the company's employees would be more than
           | sufficient to justify my belief that his controlling
           | ownership would not be in the interest of the current average
           | shareholder.
           | 
           | That... makes absolutely no sense. The interest of the
           | current average shareholder ends when they sell their stock.
           | There is no point in time at which both (1) the current
           | average shareholder _owns more than zero shares_ , and (2)
           | Musk has a controlling interest. So it's impossible for those
           | two things to conflict.
           | 
           | If you were a member of Twitters board, would it be in the
           | interest of the current average shareholder to sell their
           | shares at well above the market price?
        
             | fach wrote:
             | It depends on how you define fiduciary responsibility. If
             | it's a point in time, transactional view, yes. If it's a
             | long term view of maximizing share holder value over time,
             | not necessarily.
        
             | chipotle_coyote wrote:
             | > If you were a member of Twitters board, would it be in
             | the interest of the current average shareholder to sell
             | their shares at well above the market price?
             | 
             | That definitionally depends on whether you, as that
             | hypothetical board member, believe that Twitter has the
             | potential to reach a share price higher than $54.20 if it
             | stays public.
             | 
             | Also, remember there is nothing that binds the board of a
             | company to _solely_ consider potential shareholder value in
             | the actions they take. There 's a widespread belief that
             | "fiduciary duty" overrides all other concerns, but from a
             | regulatory/legal standpoint, that's simply not so. The
             | board obviously needs to take it into account, but if they
             | believe a merger or takeover is not in the best interest of
             | the company, they don't have to take it.
        
               | chernevik wrote:
               | Right, but they hurt other shareholders by preventing
               | them from taking it.
               | 
               | Don't like the bid, fine, say no -- but don't prevent
               | your peers from selling out.
        
           | aleister_777 wrote:
           | However, I think it's a harder case to argue when twitter
           | stock closed at $.18 above the price they went public at in
           | 2013. Sounds like whatever it is they have been doing hasn't
           | been in the interest of the average shareholder either.
           | 
           | The stock is toast regardless after this.
        
           | [deleted]
        
           | Ericson2314 wrote:
           | The fate of the company after it has been taken private
           | doesn't matter as far as "fiduciary duty" is concerned.
        
             | Ericson2314 wrote:
             | (To be clear, Musk is a shitshow, but a cash-out is a cash-
             | out. How to balance those things is above my pay-grade.)
        
               | dvhh wrote:
               | I agree thoroughly that's why tge pairing with Twitter
               | would be marvelous.
        
             | JumpCrisscross wrote:
             | > _fate of the company after it has been taken private
             | doesn 't matter as far as "fiduciary duty" is concerned_
             | 
             | If it goes private. As always, Matt Levine says it better
             | than I can:
             | 
             | "...the financing seems to be made up of cobwebs and
             | phlogiston. But also Musk has joked about taking companies
             | private before, and he generally changes his mind a lot.
             | (He agreed to join Twitter's board last week! And then
             | changed his mind four days later!) If you are a well-
             | advised professional public company board, it is just
             | catastrophic to imagine that you might say 'okay Elon
             | $54.20 it is' and then he'd say 'ha no I was kidding,
             | psych!' That would be crippling for a public company. Also
             | that is basically what he did to Twitter's board last
             | weekend!"
             | 
             | https://www.bloomberg.com/opinion/articles/2022-04-15/sure-
             | e...
        
               | pbreit wrote:
               | Levine is being disingenuous, as usual. Obviously he
               | would have banks and investors fighting to finance the
               | deal. Wouldn't a breakup penalty address the breakup
               | problem?
        
               | JumpCrisscross wrote:
               | > _Wouldn 't a breakup penalty address the breakup
               | problem?_
               | 
               | No. If you're at a table negotiating a break-up penalty,
               | you've already crossed the Rubicon. You have indicated
               | that the price was at the very least worth considering.
               | 
               | If that buyer then walks before agreeing to the break-up
               | penalty, the damage has been done. Board seats have been
               | lost for less.
        
               | jimmydorry wrote:
               | Not to mention he is being disingenuous by implying there
               | was no material change between getting offered a seat at
               | the board, and hearing what accepting that seat would
               | entail.
        
               | the_optimist wrote:
               | Levine is a former Goldmanite, Twitter advisor. GS versus
               | MS, the latter here unusually on the hostile side.
        
               | ellen364 wrote:
               | It sounds like Musk received the offer, accepted it and
               | changed his mind afterwards. That is, after accepting the
               | terms, not after receiving them. If that's the sequence
               | of events, I don't think Levine is being disingenuous.
        
         | newaccount2021 wrote:
        
         | gigatexal wrote:
         | 52 week high was 70 something. His offer is too low anyway. And
         | he said it was his final offer. He's just an egomaniacal
         | billionaire who is bored.
        
         | SkyMarshal wrote:
         | _> and not be found working against the interest of
         | shareholders._
         | 
         | It depends on what the interests of the shareholders actually
         | is. Monetary only, or are there other considerations they care
         | about?
         | 
         | I assume the boards of such companies have had private
         | discussions with the majority shareholders to find out exactly
         | what their priorities are, and then acted accordingly.
        
           | RosanaAnaDana wrote:
           | >It depends on what the interests of the shareholders
           | actually is. Monetary only, or are there other considerations
           | they care about?
           | 
           | Is a board allowed to consider anything but?
        
             | ameister14 wrote:
             | So most directors can get around the shareholder primacy
             | rule pretty easily by tying the changes they want back to
             | shareholder value.
        
             | namdnay wrote:
             | Of course they are, major investors regularly push boards
             | to do more ESG for example
        
             | riccardomc wrote:
             | Yes. The law doesn't bind directors to maximize
             | shareholders value.
             | 
             | https://www.reddit.com/r/law/comments/3pv8bh/comment/cw9t52
             | d...
        
               | ameister14 wrote:
               | I could be wrong but I don't think Twitter is a B corp.
        
               | riccardomc wrote:
               | Twitter is not a B-Corp indeed. However any company, not
               | just B-Corps, can have a purpose other than shareholders
               | value maximization. Check this article:
               | https://doi.org/10.1111/joms.12660
               | 
               | There's an easily searchable index of B-Corps:
               | https://www.bcorporation.net/en-us/find-a-b-corp
        
               | ameister14 wrote:
               | >any company, not just B-Corps, can have a purpose other
               | than shareholders value maximization.
               | 
               | It's moving there but I don't think it's there quite yet
               | according to case law. The board motivations at present
               | still have to tie back to maximizing value for
               | shareholders.
        
         | moomin wrote:
         | I think the answer is that "the interests of shareholders" can
         | be interpreted in a much broader fashion than some people,
         | including board members, like to pretend.
        
         | themitigating wrote:
         | You're claiming that Musk's purchase of twitter is objectively
         | good for shareholders
        
           | nickysielicki wrote:
           | Given that it's at a share price premium for 90%+ of the
           | lifetime of the stock since IPO, yes. Most shares were bought
           | below the price Musk is asking.
        
             | [deleted]
        
             | philistine wrote:
             | The board has declared the price offered to be too low. You
             | say it's high enough, but I doubt you own as much stock as
             | the people on the board.
        
               | nickysielicki wrote:
               | To be clear, they haven't actually rejected the offer
               | yet, they've simply limited the ability of Musk to
               | acquire a majority stake in the case that they reject.
        
             | paxys wrote:
             | Not everyone buys a stock for a quick short-term
             | turnaround. If I expect Twitter to 20x in the next 5 years
             | why would I want to sell my share to Elon?
             | 
             | And existing investors all have the option to cash out
             | today for just 17% less than Musk's final offer.
        
               | IMTDb wrote:
               | > If I expect Twitter to 20x in the next 5 years why
               | would I want to sell my share to Elon?
               | 
               | Vote with your dollars: buy shares at a price higher than
               | Elon's. Borrow if you must. If you are not ready to take
               | that risk, then maybe your _expectations_ are more
               | _wishful thinking_ than anything real.
        
               | aetherson wrote:
               | If you expect Twitter to 20x in the next 5 years, then
               | 
               | a: You're dreaming.
               | 
               | b: You're absolutely expecting a quick short-term gain.
        
               | JumpCrisscross wrote:
               | > _b: You 're absolutely expecting a quick short-term
               | gain_
               | 
               | To put this in perspective, 20x in 5 years is an 82%
               | CAGR. And five years is far short of the length of an
               | economic cycle. Traditionally, "long term investing"
               | meant across at least one whole business cycle.
        
               | EdiX wrote:
               | Twitter has operated for 16 years and public for about
               | 10, explosive growth of their userbase is in their past
               | and monetization strategies have already been implemented
               | for years. There is no reason to believe it has the
               | potential for such growth.
        
               | paxys wrote:
               | Then why were they holding the stock the day before Musk
               | got involved?
        
               | mechanical_bear wrote:
               | They feel there is potential for growth, just not flights
               | of fancy like you describe.
        
             | jayd16 wrote:
             | If you think the stock could grow further without Musk then
             | the board would be protecting your interests.
        
             | ryoshu wrote:
             | If North Korea offered $60 billion to buy Twitter would
             | Twitter be forced to sell? Not comparing Musk to NK, but
             | money isn't the only consideration when an offer to sell
             | comes in.
        
               | aleister_777 wrote:
               | They certainly had no problem with selling to Saudi
               | Arabia.
        
               | mdoms wrote:
               | North Korea is under economic sanctions by USA. Your
               | hypothetical is stupid for a whole bunch of reasons.
        
               | nickysielicki wrote:
               | No, but only because you chose North Korea.
        
               | loceng wrote:
               | Indeed, what happens when Elon starts his own platform
               | instead and uses some of the ~$40 billion he'd otherwise
               | buy Twitter with instead on paying top users of Twitter
               | to exclusively use his platform instead?
        
               | michaelmrose wrote:
               | Do you remember Google Plus? Google had excellent
               | financing and an existing team of excellent software
               | developers and couldn't pull of a credible alternative to
               | facebook.
               | 
               | The world is littered with the expensive corpses of
               | failed software.
        
               | ipaddr wrote:
               | Much of Facebook could be cloned by many startups see VK.
               | 
               | Google's product lacked purpose. It died because of a
               | lack of vision and leadership and product mistakes (real
               | names).
               | 
               | It died prematurely. Google treated the product like a
               | pilot a network threw on the first week of September. It
               | had solid numbers and given time it could have found
               | itself if it found a backer in leadership.
        
               | metadat wrote:
               | I'd ditch twtr in a heartbeat, at this point it's a
               | cesspool in every sense.
        
               | dev_tty01 wrote:
               | There are already alternatives to Twitter. Why haven't
               | you ditched it already?
        
               | metadat wrote:
               | I'm aware, and do you realize nobody of note is using the
               | alternatives? Why would you recommend someone invest time
               | building a presence in yet another loser platform with
               | bleak future prospects? Doesn't seem helpful or all that
               | bright.
               | 
               | For a real alternative to succeed, solid backers focused
               | on dethroning tw are needed to inspire confidence and
               | stability, then we all need to jump at about the same
               | time to get the momentum going and bounce out of the
               | twatterverse.
               | 
               | As it stands now, there is no _real_ competition.
        
               | tsimionescu wrote:
               | > I'm aware, and do you realize nobody of note is using
               | the alternatives?
               | 
               | That's exactly the point - there is no reason to believe
               | this would change if Musk created his own social network.
        
               | metadat wrote:
               | I'd be willing to give it a shot if it's backed by $$$
               | and a progressive technologist.
        
               | skinnymuch wrote:
               | Your two comments show you're the perfect audience and
               | user for an Elon social platform. Every failed or failing
               | Twitter esque platform has some number of perfect
               | audience fits. The problem is that those aren't enough
               | users. There is no reason to believe an Elon venture
               | would fare markedly better.
        
               | ipaddr wrote:
               | The amount of users who once used twitter minus still use
               | twitter is greater than current twitter users. You could
               | build off of everyone rejecting twitter.
        
               | skinnymuch wrote:
               | Most people who have "rejected" Twitter did not do so
               | because of Twitter issues but wanting micro blogging sort
               | of social platform.
               | 
               | Most rejected the overall concept. The amt of users that
               | stil want something similar but not Twitter AND who will
               | be appeased by whatever alt Twitter is made is an even
               | smaller number.
        
               | tsimionescu wrote:
               | That only makes sense if everyone who stopped using
               | Twitter is some kind of united cohort. Many people were
               | simply not interested in the format, didn't find content
               | that cared about, didn't have friends using it, drifted
               | off to other social networks etc. Good luck gathering all
               | of these people together on a new platform.
        
               | tshaddox wrote:
               | What would happen is that it would almost certainly fail
               | to make any impact.
        
               | root_axis wrote:
               | > _what happens when Elon starts his own platform_
               | 
               | He wouldn't bother because it'd be a failure. Twitter's
               | tech stack isn't worth 40 billion, Musk could clone
               | twitter for less than $500m, but just having a platform
               | doesn't accomplish much, the overwhelming majority of
               | twitter users have no reason to leave twitter.
        
               | aleister_777 wrote:
               | I bet there would be a whole lot of people that would
               | join elon-twitter.
        
               | root_axis wrote:
               | They said the same thing about truth social.
        
               | Msw242 wrote:
               | Parler didn't fail because it was unable to attract a
               | userbase.
        
               | root_axis wrote:
               | That is why it failed - technical mistakes aside.
        
               | skinnymuch wrote:
               | Parler failed because it was never actually able to do
               | and be what the incoming user base thought they were
               | promised --- a free, uncensored bastion. Since that would
               | never work at a bigger size with mainstream attention,
               | there's no real diff. Parler being a grift makes it all
               | muddied any how.
        
               | dijit wrote:
               | North Korea is under heavy sanctions and is thus a poor
               | choice.
               | 
               | But if France put a bid on twitter, they would be forced
               | to entertain the offer.
        
               | ryoshu wrote:
               | If the China Investment Corporation offered $60 billion
               | to take Twitter private would Twitter be forced to
               | entertain the offer?
        
               | thaumasiotes wrote:
               | China is not under sanctions, but the odds are excellent
               | that the US government would flip out and prohibit
               | Twitter from selling.
        
             | gobengo wrote:
             | it's radical to equate dollar values with objective
             | goodness
        
               | iancmceachern wrote:
               | Exactly. Profit does not always equal good.
               | 
               | One of my favorite books: "Small giants, companies that
               | choose to be great instead of big"
        
               | tsimionescu wrote:
               | Fiduciary duty, such as it is, only extends to dollar
               | value; and there is no other criteria to sue the board
               | over.
               | 
               | Note that I'm all for companies having much more legal
               | responsibility to other stakeholders, not just
               | shareholders, but that is somewhat irrelevant for a
               | discussion of whether the board could be successfully
               | sued over adopting this decision.
        
               | dasil003 wrote:
               | True, but the GP's phrasing of "equate dollar values"
               | implies a sort of cut and dried interpretation. A
               | mechanical calculation of a short-term price snapshot is
               | not the only thing that matters. If the board has good
               | reason to believe that Musk will be bad for the stock
               | price in the long-term then there wouldn't be any breach
               | of fiduciary duty.
        
               | tsimionescu wrote:
               | That's not exactly true, as Musk's offer is to buy the
               | company outright, making it private (and thus buying out
               | all shareholders), as I understand - so there is no
               | concept of how Musk's ownership would affect the stock
               | price. Still, the board can easily argue "we believe
               | shareholders will be able to achieve higher profits in
               | the future by maintaining their ownership than by selling
               | all stock at Musk's offered price today".
        
               | bradleybuda wrote:
               | He claims that he wants to "retain as many shareholders
               | as is allowed by the law" [0] which is just as fictional
               | as it was when he pretended to try to take Telsa private.
               | 
               | [0] https://www.bloomberg.com/opinion/articles/2022-04-15
               | /sure-e...
        
               | dEnigma wrote:
               | It's not that radical to equate dollar values with "good
               | for stockholders". At least in my impression that is what
               | most stock holders care about.
        
               | jungturk wrote:
               | There's an entire sector of funds that include criteria
               | around environmental, social, and governance impacts in
               | addition to returns on investment.
               | 
               | https://www.investor.gov/introduction-investing/general-
               | reso...
        
             | tsimionescu wrote:
             | That is irrelevant. To show a breach of fiduciary duty with
             | this kind of argument, you would basically have to prove
             | that it is objectively impossible for Twitter stock to be
             | worth more than what Musk offered over some horizon. I very
             | much doubt there has ever been a successful case taking
             | this approach.
        
             | dev_tty01 wrote:
             | Today's price and the 'expected' future price is all that
             | matters. The 90% lifetime price history is not relevant.
             | All transactions of this nature are based on future value.
             | The offer is only an 18% premium at a time when many tech
             | stocks are being hammered due to extrinsic reasons. It is
             | not a serious offer.
        
               | aleister_777 wrote:
               | It closed $.18 above initial offer price in 2013.
        
               | quickthrowman wrote:
               | The share price tells you nothing by itself--you also
               | need to know the amount of shares outstanding at both
               | points in time to make an actual comparison.
        
               | drstewart wrote:
               | I take it you're highly invested in Twitter stock given
               | how confident you are it's going to go up by more than
               | 20%?
        
               | ulucs wrote:
               | Today's price _is_ the expected future price. If you
               | disagree, go buy the stock and make some money.
        
           | oh_sigh wrote:
           | Getting paid a 25% premium for my stock sounds pretty good to
           | me.
        
             | themitigating wrote:
             | What if the stock goes higher in the future?
        
               | tomComb wrote:
               | I'm sorry that sort of argument makes no sense. Anything
               | could happen in the future, but the price today is what
               | the market judges it to be worth.
               | 
               | The historical price is irrelevant as well. Looking at
               | the historical price is the same sort of thinking that
               | leads to "throwing good money after bad".
        
               | [deleted]
        
               | ransom1538 wrote:
               | It is irrelevant.
        
               | 14 wrote:
               | What if the stock crashes in the future? Having a
               | guarantee profit sounds like a pretty good deal for some.
        
               | justapassenger wrote:
               | Guaranteed profit at the point in time is great for
               | speculators. If you're doing long term investment,
               | realizing profit at random point in time, isn't really
               | that attractive.
        
               | elcomet wrote:
               | What ? Even if you're a long time investor, having an
               | instant 25% guaranteed profit is good as you can sell
               | part of the stock and diversify.
        
               | justapassenger wrote:
               | If you follow that logic, each time stock goes after good
               | earnings, everyone should just sell off everything.
        
               | [deleted]
        
               | nostrebored wrote:
               | They should, provided transaction fees and gains taxes
               | don't exceed their estimation of the difference in value
               | times the number of stocks adjusted for the time value of
               | money.
               | 
               | People with more complicated positions should consider
               | covariance and factor in uncertainty. But if you're a
               | shareholder in a single stock and estimate that it's
               | overvalued by a significant margin, the rational choice
               | is to sell your position, invest in a low risk, highly
               | liquid asset, and rebuy.
        
               | outside1234 wrote:
               | Maybe - it depends on the growth prospects of the company
               | - if they were high anyway - then it is better from a
               | capital gains tax perspective to just continue holding
               | the stock until you need the money.
        
               | micromacrofoot wrote:
               | I sold a lot of bitcoin for $20 in 2008, quadrupled my
               | initial investment and felt pretty smart about it.
        
               | oh_sigh wrote:
               | Good logic. Never sell anything ever because the price
               | might go up.
        
               | [deleted]
        
               | philistine wrote:
               | Not for Twitter's board. They want more, and good for
               | them. In the history of hostile acquisitions, the first
               | offer is never the final one.
        
           | TsomArp wrote:
           | And why wouldn't be? He is offering a premium from the
           | current valuation. You either accept it or reject it if you
           | think the premium is low, or am I wrong?
        
           | teeray wrote:
           | The board's mandate is to maximize shareholder value. They
           | have an offer that will objectively maximize that value. To
           | scorn it in favor of intangibles is to act against the
           | interest of shareholders.
        
             | philistine wrote:
             | According to your logic, any offer to go private above
             | market value must be accepted. That's not the case.
             | Stockholders might be interested in owning Twitter stock
             | for a long time. Elon's offer might not make financial
             | sense for them.
        
             | avs733 wrote:
             | The boards mandate is one of fiduciary duty. Bluntly, that
             | is not a mandate to maximize shareholder value, especially
             | in the short term.
             | 
             | They do not have an offer that will maximize shareholder
             | value - they have an offer that will increase it.
             | 
             | Words have meaning and concepts have definitions. They are
             | not arbitrary of flexible for the sake of making the
             | argument you want.
             | 
             | The BOD's responsibility is to the company, a public
             | company's responsibility is to the shareholders - this
             | difference matters.
             | 
             | Cornell's legal information institute provides a nice and
             | _cited_ set of definitions (albeit in legalese) -
             | https://www.law.cornell.edu/wex/fiduciary_duty
        
             | akomtu wrote:
             | If someone offered to buy your house at a 25% premium,
             | would you sell? A house is a place to live at, in addition
             | to having a dollar value, and so is Twitter - a powerfool
             | tool to control speech, in addition to its dollar value on
             | the market.
        
               | nostrebored wrote:
               | Absolutely, buy another one at market value and give the
               | buyers my card for the next time they want to give me
               | $xxx000.
        
             | LocalPCGuy wrote:
             | No, a board is mandated to act in the best interests of the
             | shareholders. That might be different than just maximizing
             | the share price. They may believe this is a bad idea for
             | the company as a whole, and that long term, it's
             | objectively better for the company to not be owned by Musk.
        
               | compsciphd wrote:
               | isn't musks offer to buy out all the shareholders. i.e.
               | lets take a crazy example.
               | 
               | you have a company that is worth $1mil and we only
               | imagine that it can be worth $100mil (based on the size
               | of the market we are addressing). someone comes and
               | offers $200mil but we know he will shut the company down
               | (i.e. liquidate all its assets, or even simply the desire
               | to destroy the company).
               | 
               | While this might be sad for the company, why is it not in
               | the interests of the shareholders to take the offer?
               | 
               | so if Musk is willing to offer more than shareholders
               | expect to see in the forseable future, why does it matter
               | what will happen to the company after that? their
               | interest in the company ends when their shares are
               | purchased.
        
               | LocalPCGuy wrote:
               | > willing to offer more than shareholders expect to see
               | in the forseable future
               | 
               | That is your assertion/opinion (yes, shared by many,
               | sure). But it's not the only opinion in this case, and so
               | I don't think the analogy holds.
               | 
               | Sure, I could see in the abstract times where an offer it
               | just unavoidably good, and so it would not be in the best
               | interest of shareholders to take it. But in this specific
               | instance, there is a lot to be said on both sides of the
               | offer (taking vs. rejecting it).
               | 
               | I would also argue that, depending on the purpose and
               | goals of the company, knowing that a person intends to
               | shut it down would be a reason to value existing (in
               | order to continue carrying out their purpose) over money.
        
               | jungturk wrote:
               | Sure - if an offer is greater than the conceivable return
               | then of course you take it, but Musk's offer is less than
               | the stock traded at 6 months ago and 30% below the
               | stock's all-time-high from 14 months ago.
        
               | LocalPCGuy wrote:
               | It's also not just about $$. In your scenario, it's just
               | negotiating. It's possible the Twitter board and
               | shareholders are just unwilling to ever sell, regardless
               | of the money involved. (I don't know if that'd ever be
               | the case, just that is is possible, and possible within
               | fiduciary responsibilities.)
        
               | dundarious wrote:
               | Musk is trying to buy everyone out because he wants to
               | influence the direction of Twitter. Why not ascribe a
               | similar set of motivations to the other current
               | shareholders? If that is a motivation for them, then
               | shareholder profit is not the only relevant sense of
               | shareholder value.
               | 
               | This isn't an argument for the poison pill clause, but is
               | an answer to the following quoted question. It is funny
               | to see this motivation of most existing shareholders
               | ignored in order to bring into being analogous
               | motivations of another. Especially when Musk's offer for
               | Twitter has been in order to change it promote certain
               | values, but conspicuously, better profits has not been
               | one of those touted values.
               | 
               | > While this might be sad for the company, why is it not
               | in the interests of the shareholders to take the offer?
               | 
               | I will sabotage my own argument somewhat though and say
               | that I believe the economic motive dominates over time
               | and is almost always (in macro and micro) the primary
               | force.
        
         | mise_en_place wrote:
         | They're doing it on purpose so people will sell off TWTR, then
         | they will secretly buy and approve the acquisition offer. It's
         | a blatant insider trading scheme.
        
         | jonas21 wrote:
         | As a Netflix shareholder at the time they adopted their poison
         | pill, I feel like the subsequent ~40x increase in share price
         | has been very much in my interest. :-)
         | 
         | Of course hindsight is 20/20, but even at the time, it seemed
         | like the company was prioritizing long-term growth, whereas if
         | they were taken over by Carl Icahn, they'd certainly not be.
        
           | dahdum wrote:
           | Twitter definitely isn't Netflix. It's been a dog since IPO,
           | languished under a part time disinterested CEO, and only
           | peaked because of the pandemic meme stock era.
           | 
           | As an individual and index shareholder I'd love for Musk to
           | take it away at a premium, I have zero faith management will
           | do anything positive.
        
             | hadlock wrote:
             | Strong agree, Twitter hasn't grown their user base more
             | than 10% since 2015, they might be making more revenue per
             | user but annual revenue is likely ready to plateau if it
             | hasn't already. Getting a premium on your stock is a good
             | option if you can get it and a natural outcome of
             | investing.
        
           | oldmandutch wrote:
           | Netflix had a product to sell, not just a crowd.
        
         | Majromax wrote:
         | > You're categorically changing the profile of the stock.
         | 
         | Mechanically, it's not much different than an issue of new
         | shares. From Twitter's announcement:
         | 
         | >> each right will entitle its holder [...] to purchase, at the
         | then-current exercise price, additional shares of common stock
         | having a then-current market value of twice the exercise price
         | of the right.
         | 
         | There's no obvious breach of fiduciary duty through this plan.
         | Existing (non-Musk) investors get new shares, but Twitter also
         | raises capital at the current market price.
        
         | Hermel wrote:
         | In most other countries, such a poison pill would be illegal as
         | it violates the principle of equal treatment of all
         | shareholders. Also, in most other countries, the decision to
         | issue new shares requires a shareholder vote and cannot be done
         | by the board alone.
        
         | HWR_14 wrote:
         | > Vanguard, for example, has just had its range of further
         | investment limited arbitrarily.
         | 
         | As I understand vanguards structure, they have no beneficial
         | ownership of any company and therefore never trigger the poison
         | pill.
         | 
         | > Who does this benefit besides the board?
         | 
         | This benefits anyone who is concerned that a rich person will
         | buy 50%+1 of a company and use their equity to make decisions
         | they are opposed to. Now if a rich person accumulate 20%, the
         | other shareholders can dilute that rich person. That means the
         | rich person has to convince other shareholders that decision is
         | correct.
        
         | roguecoder wrote:
         | It isn't just the shareholders they have a fiduciary duty to:
         | they also have the duty of care, the duty of loyalty, and the
         | duty of good faith. Selling to an adderall-addled toddler just
         | because he happens to have accumulated more money than any
         | person should have could be argued to violate all three.
        
         | riazrizvi wrote:
         | The fiduciary duty of the board is to protect the company _as
         | an ongoing concern_ that seeks to increase its enterprise
         | value, and also to protect the interests of shareholders,
         | including minority shareholders.
         | 
         | This is to prevent say a majority shareholder and/or group of
         | employees from raiding the business of its value.
         | 
         | So a case for a poison pill might be well made to prevent a
         | person from taking a controlling stake to then expose the
         | company's IP (code base) because they have some agenda, or
         | prevent them running the company into the ground by causing a
         | flight of talent, or by breaking some success formula.
        
         | philistine wrote:
         | Elon's offer is at the same time an hostile offer, and
         | conditional on obtaining financing from banks. This is never
         | heard of in the history of hostile acquisitions, and is a BIG
         | risk for the board to entertain any attempt by anyone to buy
         | Twitter before they know what their loan percentages are.
        
           | krona wrote:
           | What's wrong with a leveraged buyout, for example? It seems
           | like the norm these days, not the exception.
        
             | colinmhayes wrote:
             | Twitter has no equity. There's nothing to leverage.
        
               | samhw wrote:
               | Unless I'm missing something, 'leveraged buyout' doesn't
               | specify that it's _Twitter 's equity_ which has to be
               | leveraged. Off the top of my head, I think Elon Musk has
               | some other bits and pieces which he could scrounge
               | together for collateral.
        
               | prepend wrote:
               | No, leveraged buyout means you use the equity of the
               | company purchased as the backing for the loan.
               | 
               | If you borrow from somewhere else it's just a buyout.
        
               | SilasX wrote:
               | Hm, that doesn't sound right, and Wikipedia agrees with
               | my understanding, that an LBO means the _buyer_ borrows
               | money for it:
               | 
               | >> A leveraged buyout (LBO) is one company's acquisition
               | of another company using a significant amount of borrowed
               | money (leverage) to meet the cost of acquisition. The
               | assets of the company being acquired are often used as
               | collateral for the loans, along with the assets of the
               | acquiring company.
               | 
               | Note how the second sentence says that the assets of the
               | purchased company _can be_ part of the arrangement, but
               | the "L" in LBO means the buyer's borrowing, however they
               | accomplish that.
               | 
               | https://en.wikipedia.org/wiki/Leveraged_buyout
        
             | tyre wrote:
             | Twitter already has a lot of debt, far too much to fund
             | this.
        
           | hajile wrote:
           | Once Elon owns the company, HE is the one taking the risk on
           | the loan -- NOT the board of directors.
        
             | dev_tty01 wrote:
             | Hmm, not sure I understand what you are saying here. If
             | Elon gets a loan using his Tesla stock as a guarantee, the
             | risk is solely his. If he puts together a consortium to do
             | the purchase, then that group is taking the risk. It
             | doesn't matter though, given the Twitter bylaws, if the
             | Board doesn't want it to happen it won't happen.
        
           | mdoms wrote:
           | Elon's offer is not a hostile takeover, it is just that - an
           | offer.
        
           | rufus_foreman wrote:
           | Elon's offer is not a hostile offer. He has made an offer,
           | management has not yet rejected it. It is just an offer to
           | purchase the company, as of now.
           | 
           | If the offer is rejected and Elon continues to attempt to
           | gain control of the company, that would be an attempt at a
           | hostile takeover.
        
             | freeone3000 wrote:
             | I dunno, this seems a lot like a rejection.
        
             | chippiewill wrote:
             | The offer is technically hostile because it was
             | unsolicited, and the offer was made at the same time he
             | indicated he wanted to buy-out the company (usually there's
             | a gap).
             | 
             | A more typical way of doing this would be to make a
             | proposal directly to the board first. The fact that Elon
             | did it in public means he's trying to pressure the board
             | (via the shareholders) into taking an action they wouldn't
             | otherwise want to take which makes it hostile.
        
             | outside1234 wrote:
             | Hostile, in financial terms, is whenever the board or CEO
             | did not initiate a conversation around an acquisition, and
             | it is just made to the company.
        
               | samhw wrote:
               | What? This is not just wrong, it's comical to even think
               | of what it would mean if it were true. The board would
               | have to clairvoyantly foresee any possible acquirer who
               | might be interested in the company, or else reach out to
               | _every company and individual in the world_ , stating its
               | willingness - or otherwise - to be acquired. That would
               | be, uh, quite something.
        
               | jacquesm wrote:
               | No it isn't. They key is that management and board are
               | against it and the deal is still pursued by the
               | (potential) acquirer. It is perfectly possible to
               | initiate a conversation regarding an acquisition and this
               | is not a hostile takeover per-se though it could develop
               | into one.
               | 
               | https://www.investopedia.com/terms/h/hostiletakeover.asp
        
               | jacquesm wrote:
               | they->the
        
               | OrderlyTiamat wrote:
               | Just to clarify, that does make Musk's offer a hostile
               | takeover bid, as is also stated in that link.
        
               | jacquesm wrote:
               | Yes it does, and this is underlined by the fact that they
               | adopted the poison pill proposal. Though, in the past
               | such tactics have been used just to get a better price,
               | in investment banking 'no' doesn't really always mean
               | 'no', it may just mean 'really, no, not at this price'.
               | That said this is already a pretty premium and they might
               | end up regretting that move if they really are after the
               | money and don't have a different motivation.
        
               | bmitc wrote:
               | Musk made an unsolicited, and what seems to be a non-
               | investment choice, purchase of almost 10% of the shares
               | and wanted to join the board. As far as I can tell, the
               | board made his board seat contingent on Musk not buying
               | more than 14.9% and Musk said no, and a few days later
               | offered to buy the company outright. Now Twitter is
               | taking moves to prevent a hostile takeover. That sounds
               | like a hostile takeover to me.
        
               | jacquesm wrote:
               | I'm not acting at all, I'm just nailing down what a
               | hostile takeover bid is because there seems to be some
               | lack of clarity about that.
        
               | bmitc wrote:
               | I misread the context of your comment.
        
               | jacquesm wrote:
               | np, it happens.
        
               | zwily wrote:
               | No, right now it is an unsolicited offer. That doesn't
               | mean hostile, in financial terms.
        
           | nradov wrote:
           | What exactly would be the risk for the board?
        
             | philistine wrote:
             | What if Tesla stock tanks (it could happen) forcing Elon to
             | sell stock to repay his debt incurred to buy Twitter. He
             | could decide to dump Twitter instead in a fire sale,
             | massively undercutting its value and hurting it in the way
             | Yahoo and AOL were hurt by the constant swaps.
        
           | twblalock wrote:
           | Offers aren't hostile. Trying to take over a company after an
           | offer has been rejected is hostile.
        
             | jacquesm wrote:
             | Not necessarily, the offer could be amended and increased
             | that's perfectly normal and still not hostile. Hostile is
             | when you pursue _against the wishes of the current owners
             | of the company and their management_ , so in other words if
             | they have indicated that they are either not for sale or
             | that they are not going to sell _their_ shares to you.
             | 
             | You could then try for a hostile takeover by buying up as
             | much as you can on the open market and possibly to try to
             | get one or two smaller shareholders to sell their shares to
             | get you more than 51% (and in some cases more than 66% aka
             | a supermajority) to be able to call the shots.
        
               | dev_tty01 wrote:
               | Even then, the Twitter board has staggered terms, so it
               | is impossible to do a wholesale replacement of the board
               | and thereby gain control of Twitter. The board voted
               | unanimously to invoke the poison pill provisions in the
               | bylaws so it isn't a matter of swaying a small number of
               | board members.
        
             | friesfreeze wrote:
             | Tender offers can be hostile - a "hostile tender offer" is
             | an offer directly to shareholders to buy shares at a
             | certain price, without getting the blessing of the board.
        
           | avs733 wrote:
           | It would be simple for them to say 'this is not a serious
           | offer' no matter the premium that is a good faith way of
           | rejecting it.
           | 
           | I could offer them $150 a share tomorrow, contingent on
           | financing and would get laughed out of the room.
        
             | aleister_777 wrote:
             | You're not the richest man in the world. It works different
             | if you happen to be though.
        
               | avs733 wrote:
               | Of course it does, but we also have no idea what happened
               | behind the scenes and the board does. He turned down
               | joining the board last week basically because he could
               | act like a troll if he did (I'm being facetious). Calling
               | musk the richest man in the world is also kind of silly
               | because he's not offering to stock swap for Tesla
               | shares...he has a lot of theoretical wealth, which as
               | with many factors would play in the boards decision about
               | whether this is serious.
               | 
               | My point is that the number on the offer is not an
               | objective and singular measure of whether this is a good
               | deal for Twitter. Who is making the offer clearly matters
               | as well to how serious it is.
        
         | AlbertCory wrote:
         | You can read "Barbarians at the Gate" for some 1980s history of
         | corporate raiding. Back then, it was pure greed and ego. So
         | unlike today [smile emoji].
         | 
         | The "poison pill" defense is very old. I'm not going to defend
         | or attack it; it is what it is.
         | 
         | I WILL observe that, once a stock is "in play" it usually gets
         | acquired, or at least gets a bunch of new board members.
        
         | ameister14 wrote:
         | >I don't understand how any board can implement a "poison
         | pill", not just Twitter but Netflix and others, and not be
         | found working against the interest of shareholders. Can anyone
         | help me understand?
         | 
         | So let's say you put in a shareholder rights plan that allows
         | all current shareholders to buy 10 new, discounted shares
         | whenever a new shareholder reaches 20% ownership and for every
         | share they buy from then on. That effectively dilutes that one
         | owner without anyone else, and if they continue to buy it makes
         | all the other shareholders much more money.
         | 
         | That's not always legal, but it would help the interests of
         | shareholders.
        
           | blackoil wrote:
           | More likely he'll withdraw offer and sell his stake, causing
           | share price to drop and all shareholders losing real and
           | potential gain.
        
             | ameister14 wrote:
             | The poison pill was mostly developed at a time when the
             | alternative was him selling all the company assets and
             | leveraging the company to load it with as much debt as
             | possible then give out as large a dividend as he could
             | before selling off the stock leaving the company insolvent
             | and everyone out of work.
             | 
             | So imagine a company taking $100 million in debt, giving
             | all that out as a dividend then the stock price tanking
             | through quick sales. Poison pill keeps the company going
             | and avoids that fate.
        
               | gengelbro wrote:
               | And this course of events is certain why? Because you've
               | stated so?
        
               | ameister14 wrote:
               | Yeah, I didn't say anything about it being certain. I was
               | outlining why it was developed.
        
           | IMTDb wrote:
           | > That's not always legal, but it would help the interests of
           | shareholders.
           | 
           | Except the guy at 19.9% trying to move up. Considering he has
           | _already_ invested quite a lot of money on the company,
           | shouldn 't the board _also_ work for him ?
           | 
           | Why should he be treated differently and his share give him
           | different "rights" than others people share ?
        
             | kolbe wrote:
             | You are digging in the wrong sandbox if your goal is to
             | find ethical behavior.
        
         | hedora wrote:
         | Wait, if some ETF accidentally exceeds 15%, then what? First of
         | all, that'll screw over a bunch of small investors, right?
         | 
         | Second, could Elon swoop in at that point?
         | 
         | Edit: Also, if Elon is reading this, I'll happily buy 14.9% of
         | twitter, and vote as part of your block. Just pay me enough to
         | cover the sale and taxes, plus 1%.
        
           | mike_d wrote:
           | > Edit: Also, if Elon is reading this, I'll happily buy 14.9%
           | of twitter, and vote as part of your block. Just pay me
           | enough to cover the sale and taxes, plus 1%.
           | 
           | You might want to speak with a lawyer who is familiar with
           | inchoate crime.
           | 
           | What you publicly proposed to Elon is a crime, since you
           | intend to conceal beneficial ownership of shares.
        
             | kingcharles wrote:
             | And inchoate crimes don't require the person to do as you
             | commanded them. Just the statement above would probably be
             | enough to charge someone. And even if the crime you are
             | encouraging someone to commit is impossible (for instance,
             | asking Musk to buy 110% of Twitter through you), it is
             | *still* a crime for you to have asked him.
        
               | ComputerGuru wrote:
               | I'm not sure how the second part of your claim holds up
               | if you treat your first contention (with which I agree)
               | as a precondition. In particular, I think it wouldn't be
               | possible to prove _mens rea_ , which you'd have to do if
               | no crime ended up being perpetrated and you're charging
               | someone only for the alleged solicitation of an inchoate
               | crime?
        
               | kingcharles wrote:
               | IANAL, I just play one on TV, so I might have fucked it
               | up. Wikipedia seems to have some good and amusing
               | examples on their page:
               | 
               | https://en.wikipedia.org/wiki/Inchoate_offense
        
             | friesfreeze wrote:
             | Likely wouldn't even get around modern poison pills since
             | they often contain "wolf pack provisions" covering multiple
             | persons acting in unison.
        
             | epicureanideal wrote:
             | Yet another example of something that many people wouldn't
             | think would be a crime, but would send them to prison for
             | decades!
        
               | PenguinCoder wrote:
               | Fuck with rich peoples money, you're going to jail _for a
               | long time_. Murder someone in a case of 'mistaken
               | identity/residence', go to work tomorrow.
        
               | [deleted]
        
             | JumpCrisscross wrote:
             | > _since you intend to conceal beneficial ownership of
             | shares_
             | 
             | Promising voting rights doesn't change beneficial
             | ownership. Twitter _would_ have precedent, however, to find
             | "conscious parallelism" and thus "a de facto control bloc"
             | between the commenter and Musk, and thus bundle them for
             | purposes of the poison pill's activation [1].
             | 
             | Still, not a crime. Civil dispute under corporate law.
             | 
             | [1] https://www.yalelawjournal.org/comment/unpacking-wolf-
             | packs
        
               | mike_d wrote:
               | As of January 2021 there is a whole bunch of new
               | reporting requirements for beneficial ownership to combat
               | money laundering and hiding assets. Structuring a stock
               | trade to conceal the actual owner of securities (note the
               | parent poster didn't offer to vote HIS shares) and
               | failing to file disclosures is absolutely criminal.
               | 
               | The Yale Law article you cite is just about groups of
               | investors working together, which is within their rights.
        
             | woodruffw wrote:
             | "Publicly proposed" contradicts "conceal beneficial
             | ownership."
             | 
             | It's not a crime to publicly finance someone else's stock
             | purchases, or even to publicly solicit others to finance
             | your stock purchases (it's not "solicitation" in the
             | inchoate sense, since the inducement is not towards a
             | crime).
        
             | stevespang wrote:
        
             | TheGigaChad wrote:
        
             | beaned wrote:
             | Where does the concealment come in?
        
               | samhw wrote:
               | Yeah, there's no concealment and no beneficial ownership.
               | "I'll vote as part of your bloc" isn't beneficial
               | ownership. ( _At most_ it 's delegating the 'control'
               | aspect of the equity, but even that is a stretch - in
               | context, it's clearly a statement of incidental agreement
               | with his opinion on this point, not a total delegation of
               | control no matter what he should choose to do in future.)
        
               | rad88 wrote:
               | No, "I'll vote as part of your bloc just pay me $50M" is
               | obviously not an incidental agreement.
        
               | RC_ITR wrote:
               | Even more importantly: pay me to cover the sale is the
               | easiest 'piercing of the veil' in the history of time.
               | 
               | Oh so Mr. Musk incidentally wired you billions of dollars
               | before the share purchase?
        
               | hedora wrote:
               | Agreed, but there'd be no attempt at concealment (I
               | didn't know beneficial ownership of shares was a thing),
               | so, while it would be dumb to hand me and the IRS a large
               | pile of cash, it sounds like it would probably still
               | trigger the poison pill, and not be illegal.
        
               | rad88 wrote:
               | If doing it above board wouldn't make sense anyway, that
               | means the idea is to do something illegal. You'd know who
               | controls the board, how many shares the person currently
               | buying it has secured, which way votes are going to go
               | before they happen, etc. The rest of the shareholders,
               | the rest of the whole market, wouldn't. You'd claim (and
               | would probably have to in sworn testimony) that billion
               | dollar gifts to you from Elon Musk, including your stock
               | itself, were incidental.
        
               | goodluckchuck wrote:
               | So shareholders aren't allowed to coordinate?
        
               | tsimionescu wrote:
               | If you are claiming you own the shares when in fact Elon
               | payed for them, you are concealing that Elon is the
               | beneficial owner.
               | 
               | If you admit that he is the beneficial owner and you are
               | just an intermediary, then the poison pill provision is
               | not skirted.
        
             | throwaway09223 wrote:
             | > What you publicly proposed to Elon is a crime, since you
             | intend to conceal beneficial ownership of shares.
             | 
             | Not really.
             | 
             | Setting aside the other issues, first and foremost this is
             | obviously a joke. Prosecution would have to establish mens
             | rea for this to rise to a criminal act. Do you think anyone
             | could prove true intent for these events to unfold, based
             | on this comment?
        
           | elif wrote:
           | X AE X-12 buys 15% triggering pill, X sells shares
           | immediately to drop price, elon purchases 42.0% equity by
           | minting new discounted budget shares?
        
             | [deleted]
        
           | friesfreeze wrote:
           | Poison pills often have exemptions for passive investors such
           | as ETFs.
        
             | anonu wrote:
             | Don't think that's true. ETF fund managers, when faced with
             | a corporate action decision, will always vote for whatever
             | maximizes their shareholders value.
        
               | friesfreeze wrote:
               | Courts have upheld poison pills that treat 13D and 13G
               | filers differently. I'd wager most ETFs that hold 5% of
               | major public companies are 13G filers. Vanguard files a
               | 13G for twitter. To be fair idk what the twitter pill
               | will do - maybe it will be more aggressive.
        
           | rosndo wrote:
           | An ETF isn't going to "accidentally" exceed 15% ownership of
           | Twitter.
           | 
           | Seriously, do you think funds playing with the kind of money
           | to buy 15% of twitter often make careless purchases?
           | 
           | >Edit: Also, if Elon is reading this, I'll happily buy 14.9%
           | of twitter, and vote as part of your block. Just pay me
           | enough to cover the sale and taxes, plus 1%.
           | 
           | Such an arrangement would make Elon the beneficial owner of
           | your shares.
        
             | kolbe wrote:
             | Barclay's literally forgot to register with the SEC to be
             | allowed to issue securities, then issued $15bn of them over
             | the course of years, and lost $600m as a result. If you
             | think "funds with this kind of money" are any better than a
             | pack of chimps, then you should direct that "seriously"
             | back at yourself.
             | 
             | https://www.bloomberg.com/opinion/articles/2022-03-28/barcl
             | a...
        
               | rosndo wrote:
               | Just because one tiny fund screwed up once does not mean
               | that it is anywhere near likely that any ETF would screw
               | up in a manner that would trigger this poison pill.
               | 
               | $15bn is _tiny_ , presumably we're talking about big ETFs
               | like SPY here.
               | 
               | And anyway, you're pretty much agreeing with me. It's
               | absolutely possible for a big fund to make a huge and
               | hilariously stupid mistake, but this twitter poison pill
               | does not meaningfully affect the chances of that
               | happening.
               | 
               | In a world where you can shoot yourself in the foot in a
               | million ways, it is utterly pointless to speculate about
               | this one extraordinarily unlikely situation.
        
               | kolbe wrote:
               | What? Barclays is one of the largest financial
               | institutions in the world with $1.9tn in assets.
               | 
               | I think we're in agreement that this Twitter thing isn't
               | worth the attention, but we are far from agreeing that
               | large financial institutions are inherently competent
               | because they're large.
        
               | rosndo wrote:
               | > but we are far from agreeing that large financial
               | institutions are inherently competent because they're
               | large.
               | 
               | I don't see anyone making that argument.
               | 
               | Speculating on an ETF "accidentally" acquiring more than
               | 15% of Twitter implies a whole different level of
               | incompetence than a big ETF ever fucking up big.
        
               | kolbe wrote:
               | > Seriously, do you think funds playing with the kind of
               | money to buy 15% of twitter often make careless
               | purchases?
               | 
               | - You
        
               | rosndo wrote:
        
               | kolbe wrote:
               | Good luck with that perspective in life. I'll stick with
               | writing clearly. You stick with writing poorly and
               | flipping out whenever people misunderstand your
               | intentions.
        
               | dang wrote:
               | You broke the site guidelines badly in this thread.
               | Please don't do that, regardless of how bad another
               | comment is or you feel it is. We ban accounts that do
               | that because it's so destructive of what this site is
               | supposed to be for.
               | 
               | https://news.ycombinator.com/newsguidelines.html
        
               | dang wrote:
               | Could you please stop breaking the site guidelines,
               | regardless of how bad another comment is or you feel it
               | is? You've been doing it a lot, unfortunately, and we've
               | already warned you several times. If it keeps up we're
               | going to end up having to ban you.
               | 
               | https://news.ycombinator.com/newsguidelines.html
        
               | rosndo wrote:
               | What's the problem with my comment? The word "fuck"? The
               | fact that the other commenter got offended because I
               | pointed out their very real struggles with reading
               | comprehension?
               | 
               | I did not call kolbes comments bad, but patiently
               | explained where they got it wrong.
               | 
               | I think you're seeing fighting where there's none, at
               | least not on my side.
        
               | hedora wrote:
               | I was literally wondering what would happen. ETFs are
               | supposed to be algorithmically traded right?
               | 
               | There's a race condition between the poison pill being
               | instated and the ETF updating their strategy. I wonder if
               | a board could maliciously take advantage of that somehow.
        
               | heartbreak wrote:
               | ETFs generally aren't managed without human involvement,
               | and this poison pill isn't software either. You're taking
               | concepts that exist in worlds like Ethereum and applying
               | it to normal finance. That's not how it works.
        
             | roughly wrote:
             | > An ETF isn't going to "accidentally" exceed 15% ownership
             | of Twitter.
             | 
             | No, but an ETF has a defined investment strategy, and if
             | enough money comes into the ETF, it could potentially
             | trigger this.
        
               | rosndo wrote:
               | Do you think big ETFs just buy shares willy nilly without
               | any due diligence on company charters and bylaws?
        
               | roughly wrote:
               | I'm curious what happens in that case, then - let's say
               | hypothetically that SPY has enough cash come into the
               | fund that they'll cross that threshold if they follow
               | their stated investment policy ("buy the S&P") - what's
               | the move, then?
        
               | rosndo wrote:
               | They will talk to Twitter board and make an agreement
               | with them to not trigger the poison pill, and continue
               | buying shares.
               | 
               | Such an agreement would be reached incredibly quickly,
               | there would be no need for stopgap measures.
               | 
               | From the article:
               | 
               | > Under the new structure, if any person or group
               | acquires beneficial ownership of at least 15% of
               | Twitter's outstanding common stock _without the board's
               | approval_
        
               | lalaland1125 wrote:
               | Buy futures or other assets that will mimic the price.
               | 
               | The stated investment goal isn't "buy the S&P", it's
               | "match the price of the S&P".
        
               | roughly wrote:
               | How far can you go with that strategy? The derivative
               | assets aren't going to fully move with the price, and can
               | have much higher volatility than the asset you're trying
               | to avoid buying.
        
               | rosndo wrote:
               | No, you aren't going to have higher volatility like this
               | than you would buy triggering a poison pill like
               | discussed in the article.
        
               | quickthrowman wrote:
               | If it's a passively managed index fund, then yes,
               | absolutely.
        
               | rosndo wrote:
               | That is not what passive management means.
               | 
               | For example in the case of SPY, that would go against
               | their stated investment objective.
               | 
               | They also clearly state
               | 
               | > the Trust may fail to own certain Index Securities at
               | any particular time, the Trust generally will be
               | substantially invested in Index Securities
        
               | quickthrowman wrote:
               | Alright, then I suppose they'd buy up to 14.9% and then
               | create additional long exposure thru swaps or synthetic
               | longs using options.
        
               | rosndo wrote:
               | Or they'd just hit up twitter's board, enter an agreement
               | with them, and continue buying shares as normal.
               | 
               | The poison pill just requires prior approval from the
               | board, which they would happily grant in this kind of a
               | case.
        
               | thaumasiotes wrote:
               | Index funds do, that's pretty much the definition of an
               | index fund.
               | 
               | ETFs are a different concept, but a good index fund will
               | be structured as an ETF, and it looks like this thread is
               | using "ETF" to mean "index fund"? If so, then the answer
               | to your question is an unambiguous yes.
        
               | rosndo wrote:
               | This is simply incorrect. Index funds still do basic due
               | diligence, they would not trigger this poison pill.
        
               | saalweachter wrote:
               | ... wouldn't that imply the ETF was 15% of the market or
               | market segment overall?
        
               | roughly wrote:
               | Yes, which is excessive, I agree, but there's nothing
               | mechanically preventing it.
        
               | rosndo wrote:
               | So you do agree with me that this is not going to happen.
        
             | hedora wrote:
             | > _Such an arrangement would make Elon the beneficial owner
             | of your shares._
             | 
             | Thanks for explaining why that won't work.
             | 
             | Presumably, if Elon has a few rich friends, they could use
             | their own money, vote as a block, and the board would still
             | be screwed.
             | 
             | I wonder what other schemes would work. B corp, maybe?
        
               | doldols wrote:
               | > Presumably, if Elon has a few rich friends, they could
               | use their own money, vote as a block, and the board would
               | still be screwed.
               | 
               | But that's just playing along with the spirit of the
               | rules, not a loophole.
        
           | anonu wrote:
           | This happened with SKT (Tanger outlets) which is a high
           | dividend paying stock in SDY ETF. The ETF was approaching 50%
           | ownership stake.
           | 
           | The fund needs to report their holdings. Not all companies
           | have a poison pill provision. Not all companies that do have
           | a poison pill will activate it. In the case of an ETF there's
           | usually a discussion between the portfolio manager and the
           | company. They know where they stand. Plus it's not really in
           | a passive fund mandate to go activist.
        
           | stubish wrote:
           | I imagine if an ETF accidentally exceeded 15% then the board
           | would go talk to the fund managers and maybe get them to sign
           | some documents. This isn't a computer program that will
           | automatically trigger armageddon. It is just some new rules
           | that mean if you turn up at a board meeting saying 'haha, I
           | just bought your company and you are all fired', the board
           | gets to say 'nope, we just issued a bazillion shares and gave
           | them to all the existing holders except you, and you now own
           | just 14.9%, sorry not sorry for your loss'.
        
         | dm319 wrote:
         | This forum is obsessed with stock. Some things are bigger than
         | the financial 'value' of a company.
        
         | dan-robertson wrote:
         | Isn't it still possible for Musk to make a tender offer which
         | then would have to go to a shareholder vote, or for the board
         | to accept (or put to shareholder vote) the offer he did make?
         | The point of the poison pill is that it prevents a certain type
         | of hostile takeover and you may have reasonable opinions about
         | whether or not such clauses are good/should be allowed, but I
         | don't think they stop takeovers in general, right?
        
         | akvadrako wrote:
         | I'm pretty sure a majority of shares of Twitter care about
         | making the most money ahead of everything else.
         | 
         | But just offering a 50% premium might not be enough. They'll
         | need to pay taxes on the realized gains and they'll need to
         | find other places to put their money.
        
           | alasdair_ wrote:
           | >They'll need to pay taxes on the realized gains
           | 
           | The bulk of the holders of stock in most public companies are
           | institutional investors that don't need to pay taxes on the
           | realized gains.
        
             | edgyquant wrote:
             | > institutional investors [] don't need to pay taxes on []
             | gains.
             | 
             | Elaborate
        
             | akvadrako wrote:
             | Why don't they pay taxes on realized gains?
        
               | ceejayoz wrote:
               | Because they're largely managing tax-advantaged accounts.
        
               | [deleted]
        
               | s1artibartfast wrote:
               | Because they are taxed on annual profit, not capital
               | gains. If they sell a stock and buy a different one,
               | there is no profit.
               | 
               | The private analogy is a professional gambler. You don't
               | pay taxes for winnings on each bet. You pay taxes on what
               | you have cashed out at the end of the year.
               | 
               | Tax on individual sales is only a thing for individuals.
        
           | SV_BubbleTime wrote:
           | That's been it though. If the board of Twitter isn't
           | concerned about what is best for the share folders, a direct
           | violation of their fiduciary responsibility, then what is
           | their interest?
           | 
           | If Twitter isn't a business to make money to them, what is
           | it, and who is it for?
        
             | jungturk wrote:
             | A parameter in assessing the relative value of the offer to
             | shareholders is the time horizon.
             | 
             | Perhaps the board believes the value of the shares over the
             | next year or two is substantially higher than Musk's offer,
             | such that they should reject the buyout so that
             | shareholders can reap that gain.
        
               | SV_BubbleTime wrote:
               | And using past as prologue... how has been the
               | performance of Twitter been?
        
           | _3u10 wrote:
           | Yeah I made 10% getting in after the disclosure was made. I'd
           | actually invest in a twitter owned by Elon and likely ditch
           | all my other profiles too.
           | 
           | A platform that makes money and has free speech would be
           | wonderful. Maybe he can steal Rogan from Spotify too.
        
             | tyre wrote:
             | What's a concrete example of speech that you'd make which
             | is specifically banned on Twitter?
        
               | tomcam wrote:
               | Not OP but Elon has stated explicitly that all speech
               | legal in the USA, so if I had the choice it would include
               | parties left, right, and center: Occupy Wall Street, the
               | AntiMedia project, Global Revolution Live, President
               | Trump, Milo Yiannopoulus (sp?) Alex Jones, Robert Stacy
               | McCain, Laura Loomer.
        
               | brian_cloutier wrote:
               | I'm not the OP but Twitter has at various times
               | suppressed information about covid and covid vaccines.
               | They are well intentioned but they occasionally
               | overreach.
               | 
               | As a quick example, [1] lists some categories of tweets
               | which they will delete. Twitter seems to have overreached
               | with category 2:
               | 
               | > Claims that specific groups or people (or other
               | demographically-identifiable identity) are more or less
               | prone to be infected or to develop adverse symptoms on
               | the basis of their membership in that group;
               | 
               | This is nonsense. Your risk increases with your age. Your
               | risk increases with your BMI. Men are at higher risk than
               | women. Those working in customer-facing roles are at
               | higher risk than those who can work from home. Each of
               | those statements are apparently banned on twitter.
               | 
               | [1]: https://help.twitter.com/en/rules-and-
               | policies/medical-misin...
        
               | nostrebored wrote:
               | The interesting thing about Twitter is that people are
               | banned arbitrarily and politically.
               | 
               | Take the case of Megan Murphy, a woman who is in a
               | lawsuit against Twitter. Rules were added to Twitter that
               | were used as a justification for her ban retroactively:
               | 
               | https://www.dhillonlaw.com/lawsuits/meghan-murphy-
               | twitter/
        
               | _3u10 wrote:
               | Don't have one. Let's go with Trump or Alex Jones. People
               | who say a lot of things people don't like but aren't
               | illegal or their illegality hasn't been proven in court
               | yet.
               | 
               | Instead this is how I'd moderate twitter, when a court
               | orders a tweet to be banned or a judge rules that a user
               | should be banned that is when the moderation team would
               | step in.
               | 
               | I'd also make it easier for people to filter content
               | themselves. So if there's POVs they don't want to ever
               | see they don't have to see it.
               | 
               | Essentially this would reverse 99% of the mod teams
               | decisions.
        
               | PKop wrote:
               | Recently there have been many accounts getting banned for
               | being critical of US foreign policy in Ukraine conflict,
               | disagreeing with western media propaganda around specific
               | events. Also many got banned for posting "conspiracy
               | theories" around COVID that eventually became
               | conventional wisdom like its origin in the Wuhan
               | Institute of Virology.
               | 
               | If one disagrees with liberal establishment rhetoric on
               | gender issues, you also get banned very quickly. There
               | are a bunch of these consensus political issues that are
               | off limits for debate.
        
               | stale2002 wrote:
               | > What's a concrete example of speech
               | 
               | The example that people use, would be any speech that
               | legal within the US.
               | 
               | If it is illegal, then most anti-censorship advocates are
               | still fine with it being banned. But generally speaking,
               | the best case scenario for them would be all legal speech
               | in the US.
        
               | oceanplexian wrote:
               | COVID was the biggest one for me.
               | 
               | How many people were banned or blocked by Twitter for
               | COVID misinformation, when it turned out that those
               | spreading "misinformation" were actually the CDC, WHO,
               | and government institutions, and when said institutions
               | blatantly lied to the public about masking, vaccines, lab
               | leak theory, and lockdowns, Twitter did absolutely
               | nothing, except punish the people who criticized said
               | institutions.
        
               | politician wrote:
               | I'd make them publish their content moderation policies,
               | and have all decisions documented and filtered through
               | those public rules.
               | 
               | The speech is made in public and should be adjudicated in
               | public. Today's Twitter hides its moderation policies and
               | decisions. Even though they are a private company (albeit
               | publicly traded and the effective public square), this is
               | wrong.
        
             | mschuster91 wrote:
             | What value does a platform have when people are fed up with
             | those who complain about "I want free speech" and leave for
             | greener pastures?
             | 
             | Just look at Facebook. It's widely seen as "boomer garbage"
             | that's only used as a least-common-denominator resort for
             | communication by the target group these days, and
             | conspiracy crap groups and peddlers of propaganda are a
             | _huge_ part of the reason.
             | 
             | Platforms and societies that fail to maintain some basic
             | social order all eventually disintegrate into chaos.
        
               | _3u10 wrote:
               | Would you be ok if Trump was setting mod team policy?
               | 
               | Like is this a we need a speech dictator even people I
               | disagree with is better than chaos point of view?
               | 
               | Or is this a my point of view should be enforced on
               | everyone and platforms should not be allowed to publish
               | things I disagree with point of view?
        
               | ahtihn wrote:
               | Platforms should be able to censor and ban whoever they
               | want for whatever reason. Any other stance violates the
               | platforms free speech.
               | 
               | If Trump was on the mod team of a platform, I simply
               | wouldn't use that platform.
               | 
               | No one needs to use Twitter. Most people's life wouldn't
               | change the slightest bit if Twitter disappeared tomorrow.
               | There's no serious argument that the platform has a
               | monopoly on anything.
        
               | _3u10 wrote:
               | I agree with you fully. There seems to a lot of
               | resentment about the idea of twitter not censoring so
               | much.
        
               | [deleted]
        
         | BoiledCabbage wrote:
         | > The risk portfolio of Vanguard just went up considerably
         | because in the case that they fully lose faith in the board,
         | they no longer have the option of installing a friendly board,
         | they must simply liquidate their holdings. This, in turn, makes
         | them more skeptical of further smaller (non-takeover)
         | investment because it's more to liquidate and more risk.
         | 
         | It sounds like your interpretation Vanguard's risk profile /
         | likelihood and their interpretation differ. And given that I
         | trust Vanguard's assessment.
         | 
         | Frankly, if I were an institutional investor, I'd probably
         | prefer the poison pill than have Twitter become a toy subject
         | to Elon Musk's random political fight.
         | 
         | Wasn't he all in on Doge coin, except he wasn't, and all in on
         | bitcoin but then not fully, then some other random alt coin, oh
         | and then he's back in on Doge again and how to improve it.
         | 
         | It sounds like sound fiduciary duty to not let your company be
         | subject to those whims.
        
         | ineedasername wrote:
         | Shareholders would benefit from the poison pill because they
         | could buy stock at a nice discount.
         | 
         | Or they could benefit because they believe the new owners would
         | be bad for the business.
        
       | litter wrote:
       | I just assumed that Elon had no actual plans to win this process,
       | but rather use it as a way to first weaken Twitter before
       | launching a competitor. The reason for this is because I don't
       | see how someone can take over a company where, I assume, a large
       | percentage of the core engineers actually want all of the
       | censorship and so on, and have pronouns in their bio and all of
       | that stuff to signal that they are on the opposite side to Musk
       | in a political war. It seems like you would be leading a bunch of
       | people that don't like you.
        
         | chernevik wrote:
         | Maybe, but I expect the "core" engineers are too busy getting
         | things done and doing actual work to care about any of the
         | pronoun bullshit.
         | 
         | In my experience, the more someone talks about "social
         | justice", the less they have to contribute to any actual
         | production.
        
       | paulpauper wrote:
       | If elon owns twitter privately he can just go through his
       | comments and ban the impersonators on the spot. He has complained
       | for years about twitter not doing enough to stop scam
       | impersonators. In fact he can ban anyone then. He would literally
       | have that power. Conversely, he could also unban anyone. There
       | would be no chain of command. Imagine using fakebook but then
       | also having the power to ban anyone too. I think he may even be
       | able to read private DMs or see accounts who blocked him. It
       | could have national security implications if he can read Obama's
       | DMs for example.
        
         | hankchinaski wrote:
         | you lost me at Obama DMs
        
           | paulpauper wrote:
           | i don't understand. I am sure twitter has confidentiality
           | procedures. under new ownership this would change.
        
         | hstan4 wrote:
         | I forgot, Twitter is definitely where Obama hosts his most
         | confidential direct messages he doesn't want anyone else seeing
        
       | codedokode wrote:
       | I don't really understand how this "poison pill" is legal.
       | Imagine that you own a stock that can be sold at free market at
       | $10/share. Then the board decides that whoever buys those shares
       | will have to resell them to board members at $1. This means that
       | now the price of those shares drops to $1 and you have lost $9
       | per share. How this can be legal?
        
         | bingohbangoh wrote:
         | Isn't it legal until somebody successfully sues for it to be
         | nulled?
         | 
         | The US legal system is kind of based around this adversarial
         | situation imo.
        
           | the_svd_doctor wrote:
           | Given that it's not a new mechanism and the amount of money
           | involved, I assume if it wasn't legal this would have been
           | sued into oblivion already.
        
             | bingohbangoh wrote:
             | It's been less than a day, do these lawsuits happen and
             | resolve within 24hr?
        
         | the_svd_doctor wrote:
         | Same. If I own 10% of a company, how can the board just decide
         | through some mechanism that I now really own like 8% ?
        
           | eqmvii wrote:
           | They can always do that, by just issuing more shares. In
           | fact, if you buy X shares, the percentage of the company you
           | own could well decline over time. Or increase, in the case of
           | stock buybacks.
        
             | adsteel_ wrote:
             | Are there guardrails on this? This comment makes it sound
             | like the board can print their own money.
        
               | Ekaros wrote:
               | There is also question of market demand... There is not
               | telling that those shares actually sell at market price.
        
               | JumpCrisscross wrote:
               | > _Are there guardrails on this?_
               | 
               | If you've ever wondered why corporations have authorized
               | and issued shares, there you go. Increasing the
               | authorized share count requires a shareholder vote.
               | Issuing shares under that cap does not. When shareholders
               | increase the number of authorized shares, they are
               | delegating that decision making to the Board.
               | 
               | It wasn't always like this. But as finance sped up,
               | particularly towards the end of the 19th century, a
               | railroad company which had to hold a shareholder vote to
               | raise emergency equity because their free banking
               | deposits in Nevada went bust would find itself
               | systematically outmaneuvered by the ones who had pre-
               | approval to plug the hole. As a result, most corporations
               | now authorize the maximum number of shares reasonably
               | possible, in almost all cases only moderated by some
               | states' franchise taxes varying by number of shares.
        
               | avs733 wrote:
               | See also: stock buybacks
        
               | JumpCrisscross wrote:
               | Buybacks are more a tax quirk than a control mechanism.
        
               | avs733 wrote:
               | sorry, fair and true. My point was more how a company can
               | create a difference between issued and authorized shares.
        
               | systemvoltage wrote:
               | So far I've tried to understand the poison pill and there
               | aren't any satisfactory responses, either on HN or
               | elsewhere in the news.
               | 
               | Wikipedia of Shareholder's Rights Plan is skimp in
               | details as well.
               | 
               | Everything I hear ostensibly appears to be "That should
               | be illegal, makes zero sense". So with no good
               | information out there, it seems like no one is an expert
               | at this and making up bullshit.
        
               | browserman wrote:
               | I'm interested in this assumption that because you do not
               | understand something, no one else must either. Is this a
               | heuristic you apply to all fields of knowledge, or just
               | business law?
        
               | systemvoltage wrote:
               | Ignoring the snark, this entire thread is full of
               | questions including the top comment.
        
           | joppy wrote:
           | Companies do this all the time with share-based compensation
           | don't they?
        
           | oconnor663 wrote:
           | Actually yes, this is often called "dilution", and it's
           | common in companies that are raising money by selling stock.
           | I'm sure there are complicated rules about when it's allowed
           | and how much is allowed, but I don't know what they are.
        
           | PeterisP wrote:
           | Yes, but that mechanism - issuing and selling new shares -
           | brings in additional external money to the company so that
           | afterwards you own 8% of a bigger pie.
        
             | dlp211 wrote:
             | Where do you think all the shares companies offer employees
             | come from? They just make new shares. There is nothing
             | illegal about this as it does everyone equally.
        
             | codedokode wrote:
             | Maybe you are right, but the instant price of stock will
             | probably fall down after "dilution", so for example if you
             | had $10 000 worth of stock before dilution, and you want to
             | sell it the next day, you probably will get less than $10
             | 000 because now there are more shares available in the
             | market (more supply, but the same demand as yesterday).
        
               | PeterisP wrote:
               | No, it is wrong to assume that the instant price of the
               | stock will _probably_ fall down after the dilution. It
               | _might_ fall, but it might as well increase, which often
               | is the case, since the company as a whole literally
               | become more valuable (influx of new cash on the balance
               | sheet for the issued shares) and it just gained
               | significant extra working capital that it can use to
               | expand operations.
        
               | natpalmer1776 wrote:
               | In this case you rely on a functional rational market in
               | ideal business operating conditions.
               | 
               | If I issue more stocks for a meme stock at the height of
               | it's popularity it will likely go up in price for reasons
               | completely disconnected from the balance sheets and
               | future revenue.
               | 
               | Conversely, if I recently started the process for
               | bankruptcy and issue more stocks to cover the liabilities
               | on my balance sheet, the stock could very well decrease
               | disproportionately to the number of issued stocks.
               | 
               | Stocks at the end of the day are based on the market's
               | perception of the stock's worth. The market is not a
               | single rational actor, rather numerous small irrational
               | actors and a few very large highly rational actors.
               | Obviously there is a spectrum in between, but the ratio
               | of buyers on a given end of the spectrum will influence
               | the behavior of a stock to either align or diverge from
               | the fundamentals of the company, and not always in the
               | way you would intuitively expect.
        
         | Tyr42 wrote:
         | I think that's not how it works.
         | 
         | Imagine there are 1000 shares and Elon got 150 of them, bought
         | at $50 so he owns 15%. If the board now sells 1000 new shares
         | to people who aren't Elon, he now only owns 7.5%.
         | 
         | It's not that you resell to the board
        
           | ericmay wrote:
           | Yea but that creates downward pressure in the shares too, so
           | there's a natural limit. Elon could just keep buying more and
           | the market value of the company won't change. If it _did_
           | change I.e. you could issue more shares without changing the
           | value of the asset you could just do that all the time from
           | the standpoint of the company and raise infinite money.
           | 
           | So it's a question of balance. Twitter can raise the
           | fundamental value of Twitter a little bit but there's no way
           | they can raise it too much without driving the price down and
           | then just having more shares available at lower prices, so
           | like you could just buy 2 shares and spend the same amount of
           | money.
        
         | pfhayes wrote:
         | The board can issue new shares (equivalently, diluting existing
         | shares) if it thinks it is in the interest of the shareholders.
         | That's clearly what they think of the poison pill, but it's
         | harder to argue that for the hypothetical you are describing
        
         | rgbrenner wrote:
         | That's not the way it works. So of course it sounds illegal
         | because you've made up an illegal scenario.
         | 
         | When the board triggers this clause, they may sell shares to
         | existing shareholders at a discount. These are new shares.
         | Companies have every right to sell shares outside of the
         | exchange they're listed on... and they do that all the time,
         | through employee grants or options, for example.
         | 
         | When raising funds they generally sell new shares on the
         | exchange, because that's the highest price they can obtain for
         | the share.. but they don't have to do that.
         | 
         | And yes, in case you didn't know, companies can sell as many
         | shares as they want.
        
           | __turbobrew__ wrote:
           | Why doesn't the board just issues shares to existing holders
           | whenever Elon goes over 15%? You effectively dilute Elon out
           | of getting over the 15%? It seems like the only difference
           | with the poison pill is that you have to pay a discounted
           | rate instead of getting new shares for free. But if the
           | company can issues discounted shares to prevent a takeover
           | why don't they just issue free shares to prevent a takeover?
           | 
           | For example, if Elon goes to 16% ownership why doesn't the
           | board just distribute new shares to existing owners pro-rata
           | to the point where Elon is back to 15%?
           | 
           | All of this seems pretty sketchy to me. I don't see how the
           | board is legally allowed to do this.
        
           | repsilat wrote:
           | A company can't pay a dividend to some shareholders but not
           | others. This action would effectively be giving in-the-money
           | call options to some shareholders but not others. Probably
           | legal, but pretty dodgy.
        
             | JumpCrisscross wrote:
             | > _company can 't pay a dividend to some shareholders but
             | not others_
             | 
             | But it _can_ sell shares to some and not others [1]. (This
             | was a landmark decision [2].)
             | 
             | [1] https://law.justia.com/cases/delaware/supreme-
             | court/1985/493...
             | 
             | [2] https://en.wikipedia.org/wiki/Unocal_Corp._v._Mesa_Petr
             | oleum....
        
               | repsilat wrote:
               | Thanks for the links. Goodness what a mess of a
               | precedent.
               | 
               | Having the board ignore a large shareholder would be one
               | thing. Shares give votes, and terms don't turn over every
               | day, and we don't kick out politicians as soon as the
               | polls turn sour on them. Fine. But if a shareholder has
               | enough shares to change the board composition (or just
               | _threatens to_ ) the incumbents can just unilaterally
               | decide that the challenger owns a smaller fraction of the
               | company than they bought on the open market? Maybe it's
               | not technically self-dealing, but it's bad.
        
             | [deleted]
        
           | outsb wrote:
           | There must be some expectation about the rate of share
           | issuance, I think that's what the parent comment is getting
           | at. ESOP pools are well understood (and IIRC defined
           | upfront). Threatening to sell massively discounted shares
           | equivalent to existing shares without even so much as an SEC
           | filing about it (as of a few hours ago), that's the part
           | where it becomes questionable for me. If the new shares are
           | marketable, then this is a defensive measure that actively
           | destroys value for all existing shareholders.
           | 
           | A company cannot issue unlimited shares without concern for
           | existing shareholders - taken to the extreme, doing so
           | reduces the value of all holdings to zero.
        
             | [deleted]
        
         | cmdli wrote:
         | Poison pill shares are new shares, issued by the company and
         | then sold to existing shareholders (with the exception of
         | anybody who owns more than say, 15%). Since these shares are
         | sold at a discount to the current market price, it is arguable
         | that existing shareholders are benefiting as they now get more
         | shares at a cheaper price, while also screwing over anybody who
         | is trying to get >15%.
         | 
         | Now, you may argue that it is in the best interest of the
         | shareholders to allow the hostile takeover to go through, but
         | it appears that the strict mechanics of the poison pill do not
         | immediately hurt shareholders.
        
           | JumpCrisscross wrote:
           | > _poison pill shares are new shares_
           | 
           | There are many varieties of poison pills [1].
           | 
           | [1] https://en.wikipedia.org/wiki/Shareholder_rights_plan
        
           | kalstone wrote:
           | Issuing new shared dilutes the shares that all holders have.
           | To benefit they have to purchase more, even though it's at a
           | cheaper.
        
         | JumpCrisscross wrote:
         | It's based on a constrained interpretation the business
         | judgement rule [1][2][3].
         | 
         | [1] https://en.wikipedia.org/wiki/Business_judgment_rule
         | 
         | [2] https://en.wikipedia.org/wiki/Moran_v._Household_Internatio
         | n....
         | 
         | [3] https://en.wikipedia.org/wiki/Unocal_Corp._v._Mesa_Petroleu
         | m....
        
       | gigatexal wrote:
       | Hahaha. Nice. Now musk can take his ball and go home.
        
       | rejor121 wrote:
       | I hope twitter burns and people stop using it.
        
       | jdrc wrote:
       | Media politics are just as bad as they always were. Typically TV
       | and newspapers are ran at a loss by people who carry out
       | political favors. I wonder how twitter users feel about being
       | herded around like this
        
       | mickotron wrote:
       | Elon has a bit of a history manipulating markets to his
       | advantage. This could just be that, again.
        
       | mzs wrote:
       | >Buyout firm Thoma Bravo approaches Twitter with acquisition
       | interest
       | 
       | https://www.reuters.com/technology/buyout-firm-thoma-bravo-a...
        
       | NIckGeek wrote:
       | I admire Elon's accomplishments, especially with SpaceX but I
       | wouldn't want him in charge of Twitter.
        
         | onelovetwo wrote:
         | but the ideas hes mentioning seem reasonable
        
           | philosopher1234 wrote:
           | First of all, I don't think they are reasonable. They're
           | crass and ill considered. Second of all, it's not just about
           | ideas, it's about his personality.
        
             | zionic wrote:
             | Basically everything you've posted is wrong, and I
             | completely disagree with.
             | 
             | Elon would do an infinitely better job than the current
             | leadership, and I struggle to understand the mindset of
             | those who say otherwise. I suspect they're either ignorant
             | or acting in bad faith.
        
       | MillenialGran wrote:
       | My favorite post I've seen about this whole thing is something
       | like "Elon Musk desperately wants to be Lowtax and also want him
       | to be Lowtax" and that got a good chuckle out of me.
       | 
       | I don't care about Musk or Twitter but I'm glad that somebody
       | made a good joke out of this debacle.
        
       | geeky4qwerty wrote:
       | Twitter has around 8,000 employees. I fully understand and
       | respect the high level of technical skills needed to operate and
       | manage such a highly available service, BUT I still can't for the
       | life of me figure what the other 7,950 employees do.
        
         | monocasa wrote:
         | The few hundred in Boulder work on pulling out some semblance
         | of the signals from the noise for advertisers. I imagine
         | there's a lot more of those.
        
         | dehrmann wrote:
         | Generally, things get harder as you scale because something
         | that would have taken a new Postgres table has become a
         | distributed systems problem.
         | 
         | You also hit diminishing returns with new features and user
         | growth, but when you have hundreds of ~~billions~~ millions of
         | users, even marginal engagement gains can multiply out to
         | something big, so you have a lot of teams working on features
         | that might move the needle a bit.
         | 
         | There are also more regulatory hurdles as you grow, so some of
         | the staff just support that.
        
           | mtnGoat wrote:
           | Hundreds of billions? Is there a source to this idea that
           | Twitter has these numbers?
        
             | dehrmann wrote:
             | Nice catch. Yes, millions.
        
             | 1over137 wrote:
             | Come now, it was surely a typo, there aren't even that many
             | humans!
        
               | edflsafoiewq wrote:
               | The rest are bots.
        
             | bjtitus wrote:
             | Surely you aren't questioning that Twitter has users beyond
             | our Solar System.
        
           | Jensson wrote:
           | Yes, things gets harder at scale which is why he said 50 and
           | not 5. Depending on how much infrastructure code you do
           | inhouse you add another 50 for managing that. If you have
           | your own datacenters add another 100 or so if you have a few
           | around the world. If you want world class recommendation add
           | 100 or so data scientists.
           | 
           | That gets us 300 tech people to run the service.
           | 
           | That is for engineering, those numbers are roughly what I saw
           | at Google for these kinds of things. Then Google typically
           | has 1 non tech person per tech person, so add in at least as
           | many people again. Then since Googles customer support and
           | community management is hardly world famous for being good,
           | rather it is infamous for being bad, you probably want even
           | more non tech people than that. But still, do you really need
           | 8000 people for it?
        
         | [deleted]
        
         | ryanSrich wrote:
         | One interesting point here. I noticed that Twitter bought a
         | design agency a few months back [1] who themselves claimed to
         | have dozens of employees. It made me wonder. Why would Twitter
         | need dozens of designers on top of the designers they already
         | had? I would have assumed they likely had a 10-20 person design
         | team. One designer and a few managers for the handful of
         | features they have. But then I read a post online that even
         | back in 2014 they had north of 59 designers. And given their
         | growth since then, they likely have hundreds of designers.
         | 
         | As a founder, engineer, and designer myself. I cannot fathom
         | what 100+ designers do all day for an app like Twitter. They
         | have to be working on so much overlap, and busy work.
         | 
         | 1. https://techcrunch.com/2021/01/06/twitter-acquihires-
         | creativ...
        
           | felixmc wrote:
           | internal tools need designers too! not to mention their ads
           | platform.
           | 
           | I imagine their content review platform, trust & safety
           | tools, etc all have some designers working on them
        
             | [deleted]
        
         | samsin wrote:
         | Surely the legal department alone requires more than 50
         | employees, considering all the countries they operate in I
         | imagine there are many legal requests.
        
         | wpietri wrote:
         | Allow me to ruin your now-traditional joke [1] by telling you
         | what I saw when I worked there in 2016-7.
         | 
         | First, it's a complex product. Just for the user-facing side of
         | things, there are four big codebases: back-end, iPhone,
         | Android, and Web. The back-end stuff is very large, generally
         | for good reason, and sometimes not. A lot of those good reasons
         | relate to performance; with over 100m people using it every
         | day, getting the right tweets to the right people is
         | challenging, especially given that some people have over 100m
         | followers and many users will follow a lot of accounts (I
         | follow over 3300, for example).
         | 
         | But the user-facing side is only part of it. A big way the site
         | makes money is ads. This is in some ways a more complex problem
         | than the user side of things. If you'd like to see, try buying
         | an ad on Twitter. They also have a division that does data
         | products, including a variety of APIs, and another group that
         | has other products for businesses, like tooling for the
         | customer support interactions that people expect to handle on
         | Twitter.
         | 
         | I of course can't forget their SRE folks, who keep all of the
         | machinery humming and make sure all the software is doing what
         | it's supposed to. There a quite a lot of people doing
         | infrastructural work making tools and products that you never
         | hear about and I probably can't list. There's also a good
         | developer tooling group that helps keep the developers above
         | working smoothly. And let's not forget their internal IT group,
         | 
         | Adjacent to engineering are a lot of really sharp product and
         | design people, as well as a design research crew that
         | understands the many ways people use Twitter and examine how it
         | works for them.
         | 
         | We then must turn to people who handle the social side of this.
         | When I worked there, that included a significant staff doing
         | policy work, trust and safety enforcement, and handling darker
         | things like CSAM and terrorism issues. There were also a bunch
         | of people fighting the banal spammers.
         | 
         | And let's not forget the ML people! That alone was a few
         | hundred people doing research, creating and improving models,
         | and applying them to many of the things I mentioned above.
         | 
         | And at last we come to the kind of things that pretty much any
         | large company needs: finance, legal, marketing, government
         | relations, sales, computer security, physical security, admin,
         | management, and the like.
         | 
         | If you ever wonder this in the future about any company, I
         | suggest you look at their jobs site [2], which is always a good
         | way to get an idea of what goes on at a company.
         | 
         | [1] e.g.: https://news.ycombinator.com/item?id=17150438
         | 
         | [2] https://careers.twitter.com/en/roles.html
        
         | neilpanchal wrote:
         | I gave a try to Twitter's Ad platform recently. Mother of god,
         | they've built a giant machine behind the curtains. It has
         | terrible UX, but I could, if I wanted to, target a U.S.
         | Military retiree that likes creole food, located in Boston,
         | enjoys watching Golf and uses iPhone 11 Pro with an older iOS
         | version 14. The profiling of users, and the ad-tech machinery
         | is _insane_. There is a auto-bidding machine, detailed
         | analytics, website tracking scripts, conversion metrics, the
         | works. I had no idea. Imagine you build something amazing, but
         | no one knows about it - how do you get that thing across people
         | that actually _want_ it? It is a hard problem and from my
         | little experiment with their advertisement platform, it is
         | miraculous. Surprisingly, I 've not seen any article from
         | mainstream newspapers that exposes what kind of a goliath Big
         | Tech's ad platform is.
         | 
         | You ought to sign up and see it for yourself. Meta & Google's
         | Business Platform is similar if not more powerful.
         | 
         | After this revelation, 8000 people entirely makes sense.
        
           | dragonwriter wrote:
           | > It has terrible UX, but I could target a U.S. Military
           | retiree that likes creole food, located in Boston, enjoys
           | watching Golf and uses iPhone 11 Pro with an older iOS
           | version 14
           | 
           | So, it's got lots of categories you can target. But...what
           | evidence or guarantees are there of _accuracy_ of the
           | targeting?
        
             | neilpanchal wrote:
             | There seems to be some misfiring because rate of likes
             | isn't high (~1 like in 100 impressions), but based on the
             | people that like the promoted post it is 100% without
             | exception accurate. So, at the least, it is reaching the
             | right people. I know because there are currently 500+ likes
             | and I've visited every single profile and tried to engage
             | with them. Audience is just developers.
             | 
             | I must say, it has been a very positive ad experience -
             | receive compliments, 10% retweets, and had several long
             | form conversations with strangers on Twitter messages.
             | Really fun.
        
         | Maursault wrote:
         | > I still can't for the life of me figure what the other 7,950
         | employees do.
         | 
         | Management. Hey, it's important. They're people-persons.
        
           | bitwize wrote:
           | They talk to the customers so the engineers don't have to!
        
             | anbotero wrote:
             | I love these Office Space references
        
           | memish wrote:
           | What would you say you do here?
        
         | jurassic wrote:
        
         | notatoad wrote:
         | they're the ones who figure out how to make it make money.
        
           | Jensson wrote:
           | Easiest way to make money would be to fire 90% of them. 800
           | people is hardly a skeleton crew for running a service like
           | Twitter, even at global scale, and then you would have plenty
           | of profits.
        
         | donio wrote:
         | If you are genuinely curious and not just throwing around cheap
         | jokes then you could check out their engineering blog to get a
         | glimpse:
         | 
         | https://blog.twitter.com/engineering/en_us
        
         | lazyjones wrote:
         | I'd imagine that they have to handle all the censorship
         | requests made by governments, shareholders and paying users.
        
         | [deleted]
        
       | 14 wrote:
       | Anyone care to speculate what his plan B would look like? Could
       | he make a twitter clone/replacement then offer existing members
       | $50 for their username and password plus x amount of engagement
       | on his new site?
        
         | paxys wrote:
         | Anyone can make a Twitter clone/replacement. Getting hundreds
         | of millions of users to switch over is more complicated than
         | just handing them $50, and even that is logistically impossible
         | to do.
        
         | fabrika wrote:
         | My bet is X.com as a twitter replacement.
        
         | zalebz wrote:
         | Backup 1: Make a huge show of dumping 9% of the company at the
         | lowest possible share price (that does not trigger any SEC
         | scrut6). Deride the current board as inept and having no vision
         | for the future of the company. Watch the price plummet and
         | acquire the injured version for less than his initial offer.
         | Admittedly that doesn't work as well with a 1 year poison pill
         | delay the board just triggered.
         | 
         | Backup 2: Continue making Twitter polls that potentially
         | steer/force the current management's hand into the changes he
         | wants to see implemented regardless.
        
       | dang wrote:
       | Related ongoing thread:
       | 
       |  _Twitter Adopts Limited Duration Shareholder Rights Plan_ -
       | https://news.ycombinator.com/item?id=31042187 - April 2022 (208
       | comments)
        
       | fairity wrote:
       | People are overlooking the fact that a poison pill will likely
       | increase the price of Musk's final offer, and in doing so will
       | maximize shareholder value.
       | 
       | Put another way, Musk may be willing to pay a lot more than a 25%
       | premium for Twitter (he already said he doesn't care about
       | price). Without this poison pill, Musk can force a takeover by
       | accumulating shares. With this poison pill, the board has
       | leverage to maximize his final offer.
        
         | loceng wrote:
         | He said it's not an economic decision, that doesn't mean price
         | he pays isn't considered; he also said it's his final offer,
         | whether that's just presenting a firm stance as a negotiating
         | tactic or not, I don't know; ~$40 billion investment (far less)
         | could create a better platform than Twitter with mass but it
         | wouldn't be a head start that it looks like he's wanting to
         | buy.
        
           | nicce wrote:
           | 40 billion is the price of existing users and brand. Almost
           | anyone can create a platform even with less than million.
        
         | tomatowurst wrote:
         | I don't think its possible for Musk to ever attain 51%,
         | everytime the price sinks and he accrues shares, they would
         | just choose to issue more shares diluting his equity.
         | 
         | really think Musk knew this ahead of time...but what's his end
         | goal i can't figure out. is it to profit off his purchase?
         | because if he wanted to acquire 51% this is the worst way to do
         | it (creating a hostile board who can at will issue infinite
         | amount of shares)
        
           | MrStonedOne wrote:
        
         | propogandist wrote:
         | or the stock can be dumped with public fanfare, bringing it to
         | a fantastically low price. Then, it can be purchased back, even
         | with the 25% premium, likely for the same total price.
        
           | philosopher1234 wrote:
           | This is wishful thinking. I doubt elons sale would have the
           | effect you expect.
        
             | propogandist wrote:
             | did you notice how much it rallied once his position was
             | announced? It was the biggest stock move in the company's
             | recent history.
        
       | not2b wrote:
       | Even before the poison pill was adopted, the evidence is the
       | market wasn't taking Musk's offer seriously. That's because he
       | was offering $54.20 per share (ha ha, 420), but the stock price
       | never closed higher than $48.36. So almost $6/share was left on
       | the table.
       | 
       | Part of it is that Musk doesn't have $43B in cash, he'd have to
       | raise it or borrow it. He's worth more than that but it isn't
       | liquid; as an officer of Tesla there are some restrictions on
       | when he can trade. Another part is that many doubt whether Musk
       | is serious or if he is playing games again, like the last time
       | "420" appeared in a financial announcement from him.
        
         | jollybean wrote:
         | Musk could probably raise the money.
        
         | 01100011 wrote:
         | The whole thing seems like a stunt by Elon. I don't care either
         | way, but it would have been interesting for the board to call
         | Elon's bluff and watch him back out at the last minute.
         | 
         | Elon should really focus on his unfulfilled promises to folks
         | he already took money from, not playing immature games to keep
         | himself on the front page. I don't know what drugs he did with
         | his ex-girlfriend, but they don't appear to have had a positive
         | effect on his well being.
        
           | ranjitcool1 wrote:
        
         | ranjitcool1 wrote:
        
         | rgbrenner wrote:
         | It's definitely just a stunt... he doesn't have the money, and
         | said he expects larger shareholders to sign on to the deal...
         | so he can take the company private and do great profit-
         | maximizing ideas like turning their office into a homeless
         | shelter. He's presented no ideas that would increase twitters
         | profits or market share. What shareholder would sign up for
         | this?
        
           | cloutchaser wrote:
           | Wrong. He could probably borrow $43bn against Tesla shares in
           | a few weeks at the most. He doesn't have to sell any Tesla
           | shares.
        
             | mcintyre1994 wrote:
             | Tesla has a rule that you can only borrow 25% of the value
             | against the shares. From Money Stuff:
             | 
             | > Or Musk could borrow more against his Tesla stake.
             | Tesla's own policies prohibit Musk from borrowing more than
             | 25% of the value of his shares, which is barely enough to
             | buy Twitter, even ignoring the fact that he has already
             | used at least some of that capacity. Of course he's in
             | charge of Tesla and its board is famously deferential to
             | him, so I guess he could change those policies, but that
             | still requires finding a bank to lend him $40 billion
             | against his Tesla stake to finance this lark. Tesla's stock
             | has quadrupled since mid-2020; if it fell back to mid-2020
             | levels -- say because its charismatic attention-seeking CEO
             | found a new toy -- then the loan would be underwater, and
             | selling out of a gigantic Tesla margin loan does not seem
             | like a lot of fun for a bank.
        
               | cloutchaser wrote:
               | I didn't know that, thanks!
        
               | Seanambers wrote:
               | Well he do own approx 50% of another company worth around
               | 100 billion.
               | 
               | I'm sure he could manage to finance this just fine.
        
               | vidarh wrote:
               | He also does not need to fund all of it; just enough that
               | a bank would be willing to consider the Twitter shares he
               | is purchasing as collateral for the rest of the loan.
        
               | LightG wrote:
               | You're not allowing for risk and exposure.
               | 
               | This is a lot of money, even for Musk.
               | 
               | I don't see this deal happening. He can't afford it
               | (without exposing himself to unnecessary risk). If it
               | does go through in the ways described here, he's an idiot
               | ... and I don't believe that, despite my personal
               | opinions about him.
        
           | 4khilles wrote:
           | Why would Twitter profits matter to shareholders after they
           | divest?
        
             | tsimionescu wrote:
             | The parent believes, based on Elon's own claims, that part
             | of his plan of raising the money is to get some existing
             | shareholders on board, essentially having them finance the
             | deal, obviously by promising them a stake in the future
             | private company.
             | 
             | They are also assuming an existing shareholder would only
             | do this if they believe the future private Twitter would be
             | a more profitable endeavor for them, which Musk's comments
             | really shouldn't inspire confidence in.
        
               | mcintyre1994 wrote:
               | That does make it seem less serious IMO, given he made
               | the same claim about somehow keeping shareholders when he
               | pretended he was going to take Tesla private
        
               | 4khilles wrote:
               | Ah, thanks for clarifying. I misread the parent's
               | comment. Looks like they were referring specifically to
               | the shareholders that choose to stay on as investors.
        
             | puffoflogic wrote:
        
             | furyofantares wrote:
             | They wouldn't be divested. He's said he intends to allow
             | the maximum number of shareholders legally allowed to
             | continue as shareholders, that is, the biggest investors
             | get to not divest if they want.
             | 
             | GP is implying that since Musk is relying on this in order
             | to finance it since he doesn't have 43B in cash.
        
             | GoOnThenDoTell wrote:
             | The employee's RSUs?
        
               | 4khilles wrote:
               | Good point! I wonder what happens to unvested RSUs in an
               | acquisition like this.
        
               | base698 wrote:
               | Went through a similar situation where a company was
               | taken back private. The RSUs converted to cash value day
               | of deal close and had a staggered payout with roughly the
               | same vesting schedule.
        
             | throwawaycities wrote:
             | The real question is why would shareholders that care about
             | profits own Twitter stock? In its entire history there have
             | been 2 years it didn't lose money and actually recorded a
             | profit.
        
               | aaaaaaaaata wrote:
               | The hard part about these companies is user engagement.
               | 
               | Currently, Twitter userbase is ripe for monetization.
        
           | delusional wrote:
           | shareholders that have seen how "proximity to musk"=money
           | right now.
        
         | diebeforei485 wrote:
         | > So almost $6/share was left on the table.
         | 
         | A few when ago when Microsoft announced it was buying LinkedIn,
         | the shares were trading around $10-$15 less than the announced
         | acquisition price for months. I wouldn't put too much weight
         | into any sort of imputed probability from the price.
        
           | ckelly wrote:
           | > I wouldn't put too much weight into any sort of imputed
           | probability from the price.
           | 
           | It's absolutely fair to impute a rough probability of deal
           | closure from the stock price. The whole "merger arbitrage"
           | industry works around that premise.
           | 
           | Sometimes the market doesn't think a deal has a 100% chance
           | of closing (like MSFT and LinkedIn) and it still closes.
           | There were valid antitrust concerns circling that deal, e.g.
           | https://thehill.com/policy/technology/298573-salesforce-
           | rais...
        
             | diebeforei485 wrote:
             | That's not the same as saying the market wasn't taking the
             | offer seriously.
             | 
             | > The whole "merger arbitrage" industry works around that
             | premise.
             | 
             | If the market price reflected the probability, then an
             | arbitrage strategy should not be profitable.
             | 
             | Usually, these folks have better
             | experience/skills/knowledge about M&A, antitrust, etc than
             | the market average. In other words, the market doesn't
             | reflect the probability of an event happening.
        
               | ckelly wrote:
               | Yes, I wasn't commenting on the original "taking it
               | seriously" language.
               | 
               | > If the market price reflected the probability, then an
               | arbitrage strategy should not be profitable > The market
               | doesn't reflect the probability of an event happening.
               | 
               | No, the market's implied probability could be right, on
               | average, across all deals...and the top merger arb funds
               | could absolutely still be profitable by selecting deals
               | when they think the market is mispricing the probability
               | (for the reasons you mention: better experience,
               | knowledge, etc.)
               | 
               | It's like the sports betting market: you can roughly
               | impute a team's win probability from the (opening)
               | betting line...and even if that's right on average, the
               | top gamblers are still profitable.
               | 
               | And, of course, sometimes things with a say, 40% chance
               | of happening do happen...so that doesn't mean the market
               | was "wrong" about the chance (i.e. your LinkedIn
               | mispricing exmaple).
               | 
               | But sounds like we're in full agreement you can't look at
               | the implied probability from the market price and draw
               | some conclusion about it definitely happening, or
               | definitely not happening (e.g. the market not taking it
               | seriously).
        
               | diebeforei485 wrote:
               | Yeah, I think we're in agreement.
               | 
               | Another point however, about the market voting that the
               | Musk takeover won't happen - we can only speculate as to
               | why they predict it won't happen.
               | 
               | It doesn't necessarily mean they think he can't line up
               | the financing. It could just mean they don't think the
               | board will accept his offer.
        
         | s1artibartfast wrote:
         | >So almost $6/share was left on the table.
         | 
         | This is only true if the there is no uncertainty.
         | 
         | If you think the value without the takeover is $30, and it is
         | trading at 48, and buyout is $54, that means the market thinks
         | it 75% likely.
         | 
         | downside -$18, upside +$6 = 75% likely
        
           | umeshunni wrote:
           | Interesting. As a point of comparison, when Microsoft bid a
           | 62% premium for Yahoo back in '08, Yahoo stock spiked about
           | 48%. Doing the math, the market placed the likelihood at
           | 48/62=77%.
           | 
           | In other words, the market is wildly optimistic.
        
             | s1artibartfast wrote:
             | If it is a general trend on takeover optimism, we should
             | play that angle and become millionaires
        
           | vasco wrote:
           | It means the market doesn't think it's likely but it doesn't
           | mean it's 75%. To illustrate why that makes no sense, if Musk
           | had offered $35 instead of $54, the buyout would be much less
           | likely, since the price would be way lower and the board and
           | shareholders less likely to accept it, yet under your model
           | the likelihood would go up.
           | 
           | Estimating probability from price action is something you can
           | do, but not like you did it.
        
             | IshKebab wrote:
             | Why would the likelihood go up under his model? If Musk had
             | only offered $35 and people thought that was only 20%
             | likely to happen (for the reasons you listed) then the
             | market price would have only gone up to $31.
        
               | sahila wrote:
               | Say I offer to buy Apple for a penny/share. The price for
               | their shares won't move because of my offer but may move
               | from normal market conditions. If the shares increased a
               | dollar the day after my offer, would you say there's a
               | greater than 100% chance of my offer being accepted?
        
           | mcintyre1994 wrote:
           | Where does the $30 come from? The last time Twitter was that
           | low was May 2020. There's no evidence that the market values
           | Twitter at $30 without Musk's bid.
        
         | nowherebeen wrote:
         | It's important to also note that one of Musks strengths is
         | marketing. He makes bold claims that makes headlines. We should
         | be all used to his charade by now.
         | 
         | A lot of the stuff he claims that actually works has teams of
         | people supporting him. Those weren't one man efforts like this.
        
           | espadrine wrote:
           | > _one of Musks strengths is marketing_
           | 
           | I don't deny that, but it is not what he is doing here.
           | 
           | I am not sure why people shy away from the obvious: another
           | of Musk's strengths is market manipulation.
           | 
           | On 4 April, the announcement[0] of his becoming the largest
           | shareholder jumped his Twitter stock[1] from a 73486938x33.03
           | = $2.4B purchase to a $3.7B asset, a $1.2B gain.
           | 
           | He sold 371900 stocks, for a $6M gain.
           | 
           | His 14 April announcement[2] of his offer to purchase Twitter
           | was likely intended to boost the price further before the
           | expected poison pill would justify him divesting everything
           | as he stated he would do in the SEC filing[3], thus netting
           | an even bigger gain.
           | 
           | It didn't boost as he expected, but the value has remained
           | higher than it started at. He will still make half a billion
           | and his actions, this time, are hard to sue, since he did not
           | lie on anything but intent, which is impossible to prove.
           | 
           | [0]: https://www.cnbc.com/2022/04/04/twitter-shares-soar-
           | more-tha...
           | 
           | [1]: https://www.sec.gov/Archives/edgar/data/1418091/00011046
           | 5922...
           | 
           | [2]: https://twitter.com/elonmusk/status/1514564966564651008
           | 
           | [3]: https://www.sec.gov/Archives/edgar/data/0001418091/00011
           | 0465...
        
             | chalst wrote:
             | > He will still make half a billion
             | 
             | These paper profits are hard for him to realise, since he
             | has to sell 9.2% of Twitter's stock without the price
             | falling. Given the current price depends on his claimed
             | intent to takeover, the market will react swiftly to any
             | evidence that he is in fact reducing his stake.
        
               | aaaaaaaaata wrote:
               | > Given the current price depends on his claimed intent
               | to takeover
               | 
               | Does it? Others have argued there has been no effective
               | "pricing in" of this "intent", due to...nobody thinking
               | it'll happen.
        
             | moonbooth wrote:
             | > On 4 April, the announcement of his becoming the largest
             | shareholder jumped his Twitter stock[0] from a $2.9B
             | purchase to a $3.7B asset, a $779K gain.
             | 
             | You mean a $779m gain
        
               | espadrine wrote:
               | Yes, sorry. I also updated the information, since I found
               | the SEC purchase filing, which indicates a much bigger
               | gain.
        
             | ckdarby wrote:
             | Now uses the proceeds of profiting to build a competitor
        
           | jollybean wrote:
           | You're missing a couple of points:
           | 
           | 1) It's not a Trumpian charade because many of the things he
           | says actually work out. He'd already be done otherwise.
           | 
           | That's what makes it so interesting. I suggest he would buy
           | Twitter if he could - and - he benefits from the free PR
           | either way.
           | 
           | Yes, it's a bit cynical of him, but the PR is worth it, and,
           | it's not like he's playing with election outcomes, or
           | starting wars.
           | 
           | 2) We know he's not 'doing it himself' and I suggest his Eng.
           | knowledge is way overstated, at the same time he is very
           | 'detail / hands on / insightful at that level' and with the
           | big vision stuff he gets people motivated. I disagree with
           | almost everything he says publicly and loathe is fanboys, but
           | he still deserves enormous credit.
        
           | andrepd wrote:
           | Not "one of", by far the most important one.
           | 
           | Just look at his totally fully autonomous autopilot(TM),
           | coming ~2014~ ~2016~ ~2017~ ~2018~ ~in 6 months~ any day now
           | this time I swear.
        
           | memish wrote:
           | I see Tesla cars all over the place. I saw rockets take off
           | from SpaceX.
           | 
           | What charade?
           | 
           | Also he often publicly thanks, congratulates and credits the
           | Tesla and SpaceX teams. Here's a sample:
           | 
           | https://twitter.com/search?q=from%3A%40elonmusk%20%22team%22.
           | ..
           | 
           | As you can see yourself, he's saying "great job team!" not
           | "great job me!".
           | 
           | I just don't get all these olympic level contortions around
           | denying the achievements of an immigrant who made good on the
           | American dream, and has done more for climate change than
           | literally anyone. This is to be celebrated and embraced!
        
             | [deleted]
        
             | JaimeThompson wrote:
             | FSD, Starlink never being jammed in Ukraine, Tesla Solar
             | Roofs, and other such things are all things Musk has hyped
             | up that are somewhat counter factual.
             | 
             | Why does it matter where he came from?
        
               | ehvatum wrote:
               | Because he's an immigrant that made good on the American
               | dream. That's a powerful thing - some might even dare
               | say, inspiring.
               | 
               | I realize he's white, so it doesn't count, but it should.
        
               | orestarod wrote:
               | He was a RICH immigrant that made good on the American
               | Dream. Having a truckload of money ready for you before
               | you venture out in the world would be inspiring for
               | anyone, believe me.
        
               | cute_boi wrote:
               | Exactly! Many people underestimate the value of
               | privileges'. Privileges' give "unfair" advantage. Anyway,
               | there are many people like these and Elon is few among
               | them that have successful ventures like Tesla or SpaceX.
        
               | jeremiahhs wrote:
               | Proof that he was rich? Everything I've read says he
               | arrived to America with a couple grand.
        
               | JaimeThompson wrote:
               | Assuming this is correct he had money from someplace.
               | 
               | https://www.investopedia.com.cach3.com/university/elon-
               | musk-...
               | 
               | "After two years at Queen's University, Musk transferred
               | to the University of Pennsylvania. He took on two majors,
               | but his time there wasn't all work and no play. With a
               | fellow student, he bought a 10-bedroom fraternity house,
               | which they used as an ad hoc nightclub."
        
               | tough wrote:
               | https://au.finance.yahoo.com/news/elon-musk-millionaire-
               | sibl...
        
               | memish wrote:
               | He may have started with less than the median American
               | when he emigrated. Rich parent doesn't always equal rich
               | kids. The ones that are mostly just consume. It's plainly
               | obvious he's not some rich trust fund kid.
               | 
               | Which is why so many people are threatened by Elon's
               | success and project their own insecurity onto him.
               | Unresolved personal insecurity and envy are a potent
               | combination. I promise this is unhelpful and it's better
               | to resolve one's own insecurity than to spend time
               | projecting it.
        
               | cowsandmilk wrote:
               | > He may have started with less than the median American
               | when he emigrated
               | 
               | Except it is known that he didn't. There is no need to
               | speculate on the facts.
               | 
               | Elon Musk is far more successful than anyone else who
               | started with his financial resources. He has outperformed
               | everyone in his wealth bracket. There's no need to
               | pretend he was abandoned by his family and came to the US
               | destitute.
        
               | memish wrote:
               | Do we know that?
               | 
               | There are internet rumors vs what he, his mom and brother
               | say about him showering at the YMCA and only being able
               | to afford one computer when starting Zip2.
               | 
               | That's why I said "may have", because his mom and brother
               | aren't non-bias sources, and nor are insecure people on
               | the Internet who want to explain away why they have
               | achieved little despite having relatively the same or
               | more privilege. The latter project this discomfort the
               | most aggressively.
        
               | JaimeThompson wrote:
               | Very interesting editing to your original post, when
               | making such drastic edits that change the tone as much as
               | you did it would be useful to make note of them so
               | everyone knows.
               | 
               | You asked about things he had said/promoted, or something
               | like that, which I listed in the first sentence of my
               | response, care to respond to them?
        
             | tempest_ wrote:
             | Aha is the American Dream be born to well off parents and
             | emigrate to dodge a draft now?
        
               | memish wrote:
               | The idea that his success is due to that is another
               | olympic level contortion. He wasn't given millions of
               | dollars to start, let alone billions. Even if he was, it
               | would still be impressive converting that into Tesla and
               | SpaceX, as opposed to a yacht.
               | 
               | Realize that most people born to well off parents don't
               | do shit. If insecurity needs an outlet, maybe redirect it
               | to the rich kids of Instagram, not the guy who is helping
               | solve climate change and get us back into space.
        
               | tempest_ wrote:
               | I was not really commenting on how he achieved his
               | success.
               | 
               | I was commenting on the appeal to the "American
               | Dream(tm)".
               | 
               | Though if you want to follow it to the root if he was
               | born black in the townships he likely would not have
               | amounted to much, no matter how hard he worked it is
               | unlikely he would have ever made it out of the country.
        
               | throwaway894345 wrote:
               | Seems a little strange to criticize the American Dream on
               | the basis of South African apartheid.
        
               | Jon_Lowtek wrote:
               | yes, the american dream being "born rich" is the
               | postmodern satire re-enactment of the original. It
               | features a white african for diversity.
        
           | dm319 wrote:
           | I would upvote this as insightful if we were still on
           | Slashdot. These one-man pioneers like to further the
           | impression that they are the sole reasons for their success,
           | but the reality is that we all build on the shoulders if
           | giants. I am not shitting on his ability to make his
           | endeavours successful - I am just saying that the proportion
           | of his responsibility for it is much lower than most people
           | think.
           | 
           | I'm not sure what it is about some societies that like to
           | make a single person out to be an idol. We see it in team
           | sports, scientists who work in large teams, businesses where
           | CEOs are deemed several thousand times more of a factor than
           | other workers, medicine where doctors are placed on
           | pedestals. I guess people like a hero, and the alternative
           | explanation, that hundreds of hard working and bright people
           | came together to make something happen, is less compelling.
        
             | browningstreet wrote:
             | Musk mentions both his team, and his family office, in his
             | communications to Twitter, and includes transcripts of
             | those in his SEC filing.
        
             | andrepd wrote:
             | I would also mod your comment insightful ;) Egocentric
             | individualism makes people forget that _everyone_ ,
             | absolutely everyone, is indebted to people past and
             | present, from his current fellow co-inhabitants of earth to
             | the past generations all over the world that bequeathed him
             | the world and the culture he inherited.
        
             | newbamboo wrote:
             | Ad hom is pushed by the media because "small minds talk
             | about people," and that sells ads/clicks. Another example
             | beyond personal fanboyism is the vilification of a person
             | which surpasses rationality. Or the vilification of other
             | groups of people. In all of these you will see fundamental
             | attribution error, ignoring the situational factors and
             | placing all perceived agency on the individual, like most
             | all of our media were doing from 2016-2020. The reality is,
             | few humans are all that important in and of themselves, and
             | those that are often have become so as the result of
             | external factors like the quality of the people that
             | surround them, or "luck."
        
         | jcampbell1 wrote:
         | This makes no sense because if the market was 100% confident in
         | Elon's offer, but saw a 25% chance of a poison pill you would
         | end up at the same place. The market was in fact incorrect in
         | the likelihood of a poison pill, not Elon's wealth or ability
         | to raise funds.
        
           | twoneurons wrote:
           | Yes, so many ignorant commments above.. hard to believe
           | software developers are so well paid.
        
       | theknocker wrote:
        
       | meerita wrote:
       | Now we could see the bias on Twitter. It's way beyond orwellian
        
       | UnpossibleJim wrote:
       | So, I'm not very corporate savvy and this might be a very stupid
       | question. Is there a NON-culture/political reason for all the
       | push back against Musk buying Twitter? From the read, this just
       | seem to be opening the door for someone else to try and take
       | majority control and pining away for the days of Dorsey (which,
       | if looked at objectively, weren't great... just filling an
       | opportunity).
        
         | axg11 wrote:
         | The pushback is simple: Twitter stock price was higher than
         | Musk's offer for most of 2021. We are in a downturn affecting
         | the entire tech industry, and it's likely that prices will
         | return to previous levels at some point. Elon's offer is a
         | lowball and Twitter can bring more value to shareholders with
         | or without Elon.
        
           | FFRefresh wrote:
           | I don't immediately buy the logic of "Stock A hit a peak of
           | $X last year, therefore that is the correct price/valuation,
           | and not the lower price it is right now"
           | 
           | If Twitter was worth more, it'd be worth more.
           | 
           | With that logic, you should put a huge chunk of your savings
           | into Twitter to benefit from the insight, as it's currently
           | trading at 39% below its 52-week high.
        
             | cloutchaser wrote:
             | Well, this is exactly what would be argued about in a
             | shareholder lawsuit if this deal falls through and the
             | stock is back to $30.
             | 
             | In that case I would be terrified as a board member, I've
             | basically lost about $15bn of shareholder value for my
             | shareholders.
        
             | georgeglue1 wrote:
             | I think we have to tolerate a certain amount of
             | irrationality from shareholders.
             | 
             | If you bought a $100k home which then dipped to $80k during
             | Covid, would you accept an unsolicited bid of $90k?
             | 
             | It's reasonable for some people to take the bid, since you
             | could arguably buy another comparable house for $80k and
             | pocket the $10k difference, but I think a lot of other
             | people would reasonably choose not to.
             | 
             | (I'm not totally sure if this logic scales to board rooms /
             | billions of dollars, but curious to hear thoughts.)
        
               | ipaddr wrote:
               | You build a home and 10+ years in 2021 it's worth 100,000
               | today 60,000 and someone offers you 80,000 for it you
               | might sell.
        
               | rvnx wrote:
               | If you sold it 80'000 then it means it was worth 80'000,
               | not 100'000
        
               | [deleted]
        
             | puffoflogic wrote:
             | Indeed, note that the only rational reason not to buy TWTR
             | right now is the simultaneous belief that (a) it's not
             | underpriced but also (b) Musk will never [be allowed to]
             | make the purchase. If you disagreed with either of those
             | statements, then it would be irrational not to buy TWTR,
             | because either way you'd profit.
             | 
             | I have not bought TWTR.
        
             | soneca wrote:
             | The argument is not that is worth more, it is that it can
             | be worth more in the future than Musk offer. No one can
             | predict the future, but it is a legitimate reason to
             | believe it can be worth more than $54 in the future and
             | pointing that it was worth more last year is just an
             | argument for the belief. Which makes sense to me.
             | 
             | As legitimate as it is to believe that the stock price will
             | never again reach $54.
        
               | alephnan wrote:
               | > The argument is not that is worth more, it is that it
               | can be worth more in the future than Musk offer.
               | 
               | Then it should be priced for discounted future cash flow
               | and value.
        
               | parineum wrote:
               | The disconnect between you two seems to be an
               | understanding of what the price of a stock means.
               | 
               | The stock price today represents what investors think the
               | future value might be. The speculation that the dip will
               | bounce back is built into today's price.
               | 
               | The reduced price over the high represents the perceived
               | risk that it won't return.
               | 
               | Musk values the stock higher than the mean investor.
        
               | thisismyswamp wrote:
               | *higher than the highest-valuing person currently in the
               | bidding list
        
           | minhazm wrote:
           | In 2016 Microsoft acquired LinkedIn at a $26 billion
           | valuation, which was at the time a premium of ~40% or so over
           | the current price, but still lower than their valuation was
           | the previous year. So it isn't unprecedented to accept an
           | offer for an amount lower than your all time high Elon's
           | offer is a 38% premium over the price it was prior to him
           | disclosing his position in the company.
           | 
           | > We are in a downturn affecting the entire tech industry
           | Some companies are down more than others, and some are doing
           | fine. Twitter revenue is largely driven by ads and they are
           | likely also going to be hit by Apple's privacy changes like
           | all other ad based businesses. Meta (Facebook) has already
           | said they expect ~$10 billion revenue hit from the changes.
           | It's feasible to think that Twitter revenue for the year may
           | actually drop and the stock price may not recover to the 2021
           | levels any time soon.
        
             | pm90 wrote:
             | IIRC The Apple privacy changes hit a very specific kind of
             | targeted advertising that Facebook was great at monetizing.
             | I'm not familiar with Twitters ad platform but it's
             | unlikely to have affected them as hard as they hit FB.
        
           | coolso wrote:
           | The high price was due to COVID and everyone being stuck
           | inside. That's over now and has been for some time.
        
           | defen wrote:
           | > We are in a downturn affecting the entire tech industry,
           | and it's likely that prices will return to previous levels at
           | some point.
           | 
           | So why not take the offer (which is 20% higher than the
           | current market price for the stock) and put the received
           | cashed into other tech stocks? Is Twitter
           | uniquely/excessively down compared to other tech stocks, and
           | due for a bigger rebound?
        
             | pm90 wrote:
             | Because Twitter is not a hedge fund.
        
               | gitfan86 wrote:
               | Twitter wouldn't exist in this scenario from the stock
               | holder's perspective. They would get cash and then put
               | that cash into other investments of their choosing.
               | 
               | The only way this makes sense is if there is a bigger
               | offer incoming OR if the Twitter board has a plan to make
               | twitter much more successful in the near term and
               | succeeds at that plan.
        
               | myvoiceismypass wrote:
               | I think the "not a hedge fund" part is referring to the
               | fact that this would be a taxable event for the average
               | stockholder. You can't just presto move that same amount
               | into another tax stock.
        
             | hedora wrote:
             | If this leads to a shareholder lawsuit, the board may need
             | to argue they had non public information suggesting the
             | stock was undervalued.
             | 
             | At that point, they'll need a good lawyer to explain why
             | Twitter chose to omit that information from their SEC
             | filings.
        
           | sakopov wrote:
           | It seems a little funny to me that people flock to the idea
           | that Twitter's market cap in a fed-fueled stock market when
           | literally everything was moving up is some kind of true
           | valuation for Tiwtter. If anything Twitter is likely trading
           | at or very close to its fair value now then it was last year
           | when retail was throwing money into anything.
        
             | mcintyre1994 wrote:
             | I think the argument is that if long term holders wanted to
             | sell at this sort of valuation then they would have last
             | year when it was way higher. If there was a bunch of retail
             | money fuelling it then they could have took advantage and
             | got out but they didn't. So why would they sell now for a
             | smaller upside?
        
             | WanderPanda wrote:
             | Gamestop is still at 150 so people are still throwing money
             | into anything
        
           | moralestapia wrote:
           | >Twitter stock price was higher than Musk's offer for most of
           | 2021.
           | 
           | That's cute but the past is gone. Twitter is clearly going
           | downhill, both with their product and with their management
           | (good thing they got rid of Dorsey, but perhaps that was too
           | little too late), the stock just follows on that. If
           | anything, people like Musk are the ones who still attract
           | interest to the platform.
           | 
           | >Twitter can bring more value to shareholders with or without
           | Elon
           | 
           | Twitter is on a very dangerous spot right now, their MAUs
           | peaked long ago as young people go to other platforms, and
           | overall, everyone is a bit of tired of the kind of discourse
           | that predominates there, for instance, Trump was banned and I
           | STILL find out everything about him because the people there
           | (left and right-wing) are absolutely _obsessed_ with him.
           | 
           | Honestly, Twitter is the one social media platform that I
           | wouldn't really mind if it just disappeared. At least
           | Facebook has some family members in there and some pictures
           | from my earlier years. Twitter brings nothing of value to my
           | life and I'm sure I'm not the only one who feels like that.
        
           | dnissley wrote:
           | Counterpoint: it's not a downturn, just a return to reality.
           | Tech stock valuations were sky high in late 2020 / early
           | 2021, and even considering recent drops most are still above
           | their pre-pandemic levels.
        
             | mdasen wrote:
             | Totally possible, but the original question was "Is there a
             | NON-culture/political reason for all the push back" and
             | "Twitter stock price was higher than Musk's offer for most
             | of 2021" is definitely a non-cultural/political reason to
             | push back on the offer.
             | 
             | Again, you might be right that Twitter's price was over-
             | inflated in 2021, but "it was worth more" is certainly a
             | non-cultural/political reason to push back on the offer -
             | even if they're wrong about Twitter's long-term value.
        
           | jokethrowaway wrote:
           | 2021 was a growth without fundamentals for the entire market,
           | mainly funded by currency inflation and government influence.
           | 
           | This bear market is returning to reality and paying the price
           | for those profits.
        
           | hajile wrote:
           | Their stock dropped along with Facebook and other media
           | platforms the second Apple stopped them from tracking users
           | everywhere. That's without mentioning the crazy overvalue
           | problem such companies already have.
        
         | FFRefresh wrote:
         | Surely there is both a status quo and survival bias going on
         | with the existing leadership/management team. When you have an
         | outside person who wants to change some fundamental things
         | about the company, it seems natural that there would be
         | resistance.
         | 
         | As an outsider, I'm personally intrigued by the prospect. There
         | are two things he's mentioned that I think could be very
         | beneficial (outside of freedom of expression) to society:
         | 
         | 1. Transparency - open sourced algorithms for what shows when
         | and transparency about moderation decisions
         | 
         | 2. Reduced short-term financial incentives - Given it'd be
         | bank-rolled by someone with a lot of money and private, they
         | wouldn't need to play the gray area game of increasing
         | advertising & data sharing that other sites do.
        
         | ransom1538 wrote:
         | "Is there a NON-culture/political reason for all the push back
         | against Musk buying Twitter?"
         | 
         | Power. One side wants to have a safe garden where all their
         | thoughts are heard with the other side silenced.
        
         | FranksTV wrote:
         | Retention of staff. Finding good engineers is exceedingly hard,
         | and I imagine there were rumblings of an internal revolt.
        
         | systemvoltage wrote:
         | The sad truth is that this is an intense political battle. I
         | would personally favor Elon Musk taking over and shaking things
         | up, any other position is untenable. And, I am saying this as a
         | progressive. I think an open and transparent social platform
         | would be great for the society.
         | 
         | The issue is that managerial class of America, both in private
         | and public sector, are in bed with each other. The government
         | cannot suppress free speech using the frontdoor, but these
         | social media companies (Meta, Twitter) as well as Big Tech
         | machinery (Google, Apple, Microsoft, Amazon) act as a proxy for
         | supressing political speech through opaque algorithms and
         | straight up censorship.
         | 
         | We, liberals, used to be exceptionally devoted to free speech.
         | Just look up ACLU's cases from the 90's and prior. We were
         | against the establishment. Against the managerial class
         | crushing labor. Against the fucking 3 letter agencies.
         | 
         | Now, my own party wants to turn America into an authoritarian
         | censorship dystopia. It's hard to stand by that.
        
           | [deleted]
        
           | nonethewiser wrote:
           | Free speech has turned from a widely held value on the left
           | into a narrow technicality.
        
           | Nuzzerino wrote:
           | > Now, my own party wants to turn America into an
           | authoritarian censorship dystopia
           | 
           | You could start by lobbying to force tech companies over a
           | certain size to disclose reasons for users or content being
           | removed from the platform. The legislation would have to have
           | teeth, naturally.
        
           | binarray2000 wrote:
           | Just as the Republican Party has been taken over by neocons,
           | the Democrat Party has been taken over by neolibs. They both
           | have the same ideas and are never on the oposite sides. That
           | is why you see endless and meanilingless wars, media
           | conglomerates, censorship, billionaire-class, 3-letter-
           | agencies off the leash, workers in diapers.
        
           | aaronblohowiak wrote:
           | Even aclu doesn't believe in free speech anymore, at least
           | not like they used to
        
             | systemvoltage wrote:
             | ACLU has been gutted out and running on fumes off of donor
             | class. I'll leave you with guessing who these people are.
             | 
             | Btw, I've never seen my comment go from 6 votes to 0 in a
             | matter of 30 mins. Insane.
        
               | troad wrote:
               | There's nothing conspiratorial about pointing out the
               | close ties between organisations like the ACLU and HRC
               | and the Democratic party, if that's what you mean.
               | 
               | Sad truth is, the moment an advocacy group and a
               | political party become too close, the advocacy group
               | ceases to be effective. This has nothing to do with
               | Democrats in particular; cozying up to the Republicans is
               | no different (e.g. the NRA).
               | 
               | I'm heartened by the emergence of organisations like FIRE
               | that are picking up the baton for free speech in some of
               | the contexts where the ACLU has completely dropped the
               | ball, but still feel a pang of sadness at the hollowing
               | out of the old, bad-ass ACLU.
        
               | systemvoltage wrote:
               | Agreed. "bad-ass ACLU" is the perfect description.
               | 
               | > FIRE
               | 
               | What's going to be its immunity against the pests that
               | took over ACLU/NRA?
        
         | paxys wrote:
         | As a shareholder, either you are happy with the price Musk is
         | offering you, or you think the company can do even better long
         | term. Twitter is clearly a very valuable asset, considering
         | this fight is happening in the first place, so it is not
         | inconceivable that >50% of shareholders will want a larger
         | buyout. Heck even if you are completely happy with the terms,
         | pushing back and asking for more is a standard negotiation
         | tactic. They'd be foolish not to try.
        
         | gadders wrote:
         | Nope. It's all about people having to protect The Narrative.
        
         | mcintyre1994 wrote:
         | Against this specific bid: the price is arguably low and
         | holders aren't likely to want to sell at that price. From Money
         | Stuff:
         | 
         | > problem with Musk's offer is that it is pretty low. Musk
         | points out that $54.20 "represents a 54% premium" over where he
         | started investing in Twitter, and a 38% premium over where the
         | stock was before he announced his position. But Twitter was in
         | the $60s in October, and a lot of its big long-term holders
         | seem unlikely to be sellers at $54.20. "'No board in America is
         | going to take that number,' said Jefferies analyst Brent
         | Thill."
         | 
         | Against the bid coming from him:
         | 
         | - He famously pretended he was going to take Tesla private and
         | got in trouble because he was pretending. Takeover offers
         | usually don't have that history I guess.
         | 
         | - He doesn't have financing, not even pretend financing like
         | when he said he was going to take Tesla private
        
       | ck2 wrote:
       | I guess this is old news but Musk's not even the largest
       | shareholder anymore
       | 
       | https://economictimes.indiatimes.com/tech/technology/elon-mu...
       | 
       | When are blogs on your own domain name going to come back full
       | circle?
       | 
       | Ever since AOL people seem to want to give single corporations
       | all their power in walled gardens.
        
       | anonymousiam wrote:
        
         | AlbertCory wrote:
         | Bias? Of course it is. It's one point of view. Anyone is free
         | to cite one of the thousands of opinions to the contrary.
         | 
         | Would the naysayers say a site was "biased" if it claimed "this
         | is a direct threat to our democracy"?
        
         | themitigating wrote:
         | This site is littered with hyperbolic opinions
         | 
         | "Twitter's management wouldn't have to worry about being kicked
         | to the curb and they can continue doing what they do best,
         | restricting conversation and censoring whatever they don't
         | like."
        
         | [deleted]
        
       | romanzul wrote:
       | I made you a deal
        
       | 3327 wrote:
        
       | soheil wrote:
       | > The board voted unanimously to adopt the plan.
       | 
       | I thought @jack would be for Elon taking over and that's why he
       | stepped aside a few months ago.
        
       | lesgobrandon wrote:
        
       | soheil wrote:
       | > Twitter noted that the rights plan would not prevent the board
       | from accepting an acquisition offer if the board deems it in the
       | best interests of the company and its shareholders.
       | 
       | It's more like an insurance policy, it doesn't mean they're not
       | going to sell if the offer is attractive enough.
        
       | NaturalPhallacy wrote:
       | They'd rather tank their own company than allow free speech.
        
         | themitigating wrote:
         | What should be allowed?
        
           | NaturalPhallacy wrote:
           | Everything legal in the jurisdiction they reside in (USA).
        
             | Sateeshm wrote:
             | Why? It's not a government entity.
        
               | [deleted]
        
           | MrStonedOne wrote:
        
           | [deleted]
        
           | politician wrote:
           | Twitter's speech moderation policies should be public, and
           | all decisions pertaining to speech should be public, and
           | there should be a public appeals process before a jury of the
           | speaker's peers.
        
             | metadat wrote:
             | That's a lot to ask when each user account is free.
             | 
             | You're basically replicating the US Courts Legal System,
             | except those on trial pay 0% taxes. Not viable.
             | 
             | Keep thinking though, we need a hero of an idea to make
             | forward progress on the question of what strategy is best
             | for US-based public companies, and what their role is in
             | showing the world what the gold standard for "freedom of
             | speech" online looks like.
        
               | itsarnavb wrote:
               | I like this description of the problem and the
               | suggestion:
               | 
               | > Today on Twitter, as on most social media, justice
               | works in a roughly Stalinist style. The normal penalty is
               | permanent execution. There is no transparent explanation
               | for why an account is executed, before or after the
               | execution. It has simply "violated the Twitter rules."
               | The public rules are extremely abstract and could
               | theoretically justify almost any execution. The private
               | rulebook by which the secret police, or "Ministry of
               | Trust and Safety," operates, is of course as secret as
               | everything about the secret police.
               | 
               | > Of course, it is easy to observe that a two-day-old
               | spam account does not deserve a six-month trial, with
               | lawyers, before getting the bullet it needs in the back
               | of the neck. Due process in this context must not be a
               | clone of the IRL judicial system, which is more broken
               | than anyone can possibly imagine.
               | 
               | > And there is a simple solution to the problem of
               | scaling due process: *scale the level of due process to
               | the size of the account*. An account with a million
               | (real) followers might well deserve a six-week public
               | trial, perhaps even with some kind of counsel. The
               | spammer with 20 followers? Any cop can shoot him, as at
               | present, and leave the body by the side of the road as a
               | warning to others.
               | 
               | > There is a use for online Stalinist justice--it is only
               | an injustice when it is disproportional to the user's
               | investment in the service. When Twitter is your career
               | and any cop can just shoot you, an eerie atmosphere of
               | terror pervades everything.
               | 
               | Source: https://graymirror.substack.com/p/the-twitter-
               | coup
        
               | politician wrote:
               | This is why Twitter needs to go private. The current
               | management has no idea how to run a public square without
               | falling back to an authoritarian censorship regime.
               | 
               | EDIT: Arguably, much of what I am suggesting can be
               | automated cheaply.
        
               | sangnoir wrote:
               | Private companies have less transparency than public
               | companies. You're hoping the owner will be benevolent and
               | okay with losing money indefinitely for the sake of
               | transparency, or if that turns out to be the case - that
               | ownership will not change (e.g. bought out by Murdoch or
               | Carlos Slim)
        
               | politician wrote:
               | You misunderstand, it's true that a private company can
               | be opaque, but a public company cannot be altruistic due
               | to the composition of the shareholders. No one was able
               | to prevent the Saudis from buying a major stake in
               | Twitter, and the Kingdom is historically opposed to free
               | speech.
               | 
               | A publicly traded company cannot solve this problem but a
               | private company might be able to.
        
       | cududa wrote:
       | It is astonishing how many 'fact oriented' people are opining on
       | things they know nothing about, could easily google, are wrong
       | about, and how upvoted they are here. I've heard the phrase
       | poison pill before. I looked into it for real for the first time
       | yesterday. Have maybe spent an hour since reading about it.
       | 
       | How are so many people morally outraged by some complex measure
       | they're trying to authoritatively distill and are just so wrong
       | about, and didn't even bother to google?
       | 
       | About 60% of this thread can be summed up as
       | 
       | "I'm going to pass this alphanumeric value to this variable."
       | 
       | "But it's an integer"
       | 
       | "No it's not."
        
         | [deleted]
        
       | xenadu02 wrote:
       | Isn't this fairly standard? It doesn't stop the board from
       | accepting Musk's offer, it just means he can't execute the
       | takeover without board approval.
        
         | friesfreeze wrote:
         | Technically he could - it would just be ludicrously expensive.
        
       | soheil wrote:
       | What alternative does Elon have at this point? Is there a poison
       | pill to the poison pill?
        
       | tempestn wrote:
       | Fair amount of irony in the exhange at the end. Twitter needs to
       | be privately owned, so it can help usher in an age of
       | cryptocurrency when everyone can own a piece of everything...
        
       | nikolay wrote:
       | I think he should just use a fraction of the price and build a
       | bot-free Twitter clone. He has such a massive following, which
       | will quickly populate the new platform!
        
         | MrMan wrote:
         | so yes to unnattended smart contracts but no to unattended text
         | generators?
        
       | bitwize wrote:
       | Hello,
       | 
       | We've suspended your Twitter account for violating Twitter's
       | rules against attempted hostile takeovers of Twitter.
       | 
       | Your account will remain suspended until you withdraw your bid to
       | purchase a majority stake in Twitter. After you withdraw your
       | bid, your account will remain suspended for a period of 1 week.
       | Further attempts to interfere with the ownership or policies of
       | Twitter will result in permanent suspension.
        
       | NoOneNew wrote:
       | While reading this, I feel Musk just pulled a Bobby Axelrod on
       | Twitter. I'm curious what's about to happen because of it.
        
         | jacobolus wrote:
         | A web search indicates that "Bobby Axelrod" is a TV show
         | character. What does "pulling a Bobby Axelrod" mean in this
         | context?
        
           | NoOneNew wrote:
           | His character, along with his foil Chuck Rodes, trick people
           | into knee jerking traps. The more "public" of a trap, the
           | better for them. A lot of wall street plays in the show are
           | based on real world plays. This article read like it came out
           | of an episode.
           | 
           | Billions is a great show by the way.
        
             | jacobolus wrote:
             | Can you explain Musk's trap and who is being trapped?
        
               | NoOneNew wrote:
               | If I knew the play, I wouldnt be sharing it publicly.
               | 
               | My whole point is, Musk made a series of public actions
               | that made a stir. One action had the board make a knee-
               | jerk decision that seems somewhat logical. He's jabbing
               | with his left and the Twitter board seems to have hopped
               | to their left and he's maybe going to uppercut, right
               | hook, maybe go for a knee or do nothing at all and get
               | hammered on martinis or mojitos or whatever a rich super
               | villian likes to drink.
               | 
               | This is all a public side show for some greater end down
               | the road or Musk made a drunk filing with the SEC. I dont
               | know... well, all I do know is what's publicly available
               | is pure propaganda to sway the public towards some
               | greater play by someone who's going to profit off of
               | this. I'm done with my poop now, find someone smarter to
               | figure it out.
        
               | philosopher1234 wrote:
        
       | WalterBright wrote:
       | Every company I know of that did a poison pill to prevent a
       | takeover wound up tanking within a year or two and the
       | shareholders wound up with sand.
       | 
       | As a Twitter shareholder myself, the board is making a big
       | mistake.
       | 
       | As a legal matter, I don't understand how a board could sell
       | shares to other shareholders at a lower price than to the entity
       | wanting to buy shares to gain control.
        
         | memish wrote:
         | As a shareholder and end user of the product, I agree.
        
           | alphabetting wrote:
           | you want to cash out with a 20% bump and be out of the stock
           | during a huge tech equity downturn when the stock was over
           | 60% higher last year?
        
             | AlbertCory wrote:
             | Rookie mistake: the fact that a stock was once higher is no
             | indication _whatsoever_ that is  "worth" that much. That
             | was then, now is now.
        
               | memish wrote:
               | It's funny how many people think that means it'll go back
               | up. Twitter's stock has been sideways or down most of the
               | time. It was $69 back in 2014.
        
               | ISL wrote:
               | It has meaning primarily insofar as _other people_ think
               | that it might have meaning.
               | 
               | Technical Analysis is madness, but there is method to it.
        
               | AlbertCory wrote:
               | Yeah, I don't know much about TA, but I think it probably
               | works better for well-established cyclical stocks, not
               | for growth (or lack thereof) stocks like TWTR.
        
             | missedthecue wrote:
             | I think last year was some serious bubbliciousness, not the
             | true value of Twitter and all the other tech companies (and
             | shitcoins and NFTs and basically everything else people
             | were throwing money at)
        
             | loceng wrote:
             | Elon said he'd keep as many shareholders as he's legally
             | allowed to.
        
               | matthewdgreen wrote:
               | What does it mean to keep shareholders in a private
               | company. Isn't there a limit of 2,000 or so?
        
               | hackernewds wrote:
               | "Elon said" is not a stamp of trust anymore. Elon also
               | said TSLA would accept Dogecoin, which he had accumulated
               | prior to communicating it. Then he sold it off.
               | 
               | History should be a lesson here, it's almost Deja Vu with
               | Twitter
        
               | bmitc wrote:
               | Reminds me of Erlich Bachman in _Silicon Valley_ saying
               | "I say a lot of things".
               | 
               | https://youtu.be/XM7_eqtljUg
        
               | kerng wrote:
               | Sure thing you can buy stuff from Tesla with Dogecoin.
               | 
               | https://www.tesla.com/support/dogecoin
        
               | jeremiahhs wrote:
               | Tesla does accept Dogecoin for some items
               | 
               | https://shop.tesla.com/product/s3xy-mug
        
               | everly wrote:
               | Lol, literally two. A mug and a "cyberwhistle".
        
               | colinmhayes wrote:
               | And also that tesla was going private at $420 a share.
        
               | mwint wrote:
               | If you watch and believe his TED interview from the last
               | couple days, there was much more going on there than
               | meets the eye.
        
               | guelo wrote:
               | His twitter offer is suspiciously $50 + 420 cents
        
               | gameswithgo wrote:
        
               | _jal wrote:
               | Poe's law in action.
        
             | ikiris wrote:
             | That's your typical small shareholder in a nutshell.
        
             | whatshisface wrote:
             | Sure, you take that 20% bump and invest it in Google. Then
             | you get 20% plus the tech equity recovery.
        
             | hajile wrote:
             | The big reason it tanked was privacy regulations from
             | Apple/Android. That's not changing to favor Twitter and
             | effectively took away one of their biggest revenue streams.
             | That's a big deal for a perennially non-profitable company.
        
             | twblalock wrote:
             | A 20% bump with zero risk? Yes please!
             | 
             | Even if you think Twitter stock will go up 20% next year,
             | you'd want to take this offer. If you think it will go up
             | 50% next year, you might still take the offer because of
             | the risk:reward ratio.
        
         | senthil_rajasek wrote:
         | Can you give some examples? I know one company that had the
         | poison pill provision and did well.
        
           | WalterBright wrote:
           | Two companies I'd invested in and lost my shirt on after the
           | pp. It left a lingering sour taste. I'd rather not name them,
           | I'm still sore about it.
        
             | senthil_rajasek wrote:
             | That's fair. I am not sure if "poison pill" is the cause of
             | companies going belly up though. Surely, we have
             | contradicting examples.
        
         | mcintyre1994 wrote:
         | I think the most famous counter-example would be Netflix in
         | 2012
         | 
         | https://www.bbc.co.uk/news/business-20214401
        
           | scythe wrote:
           | Icahn was claiming that Netflix was undervalued. To be fair,
           | he was also angling for an acquisition. But a bid like that
           | usually has a half-life; the market trends to a good price --
           | and indeed, Netflix _doubled_ in value by mid-2013.
           | 
           | Elon is arguing that Twitter is mismanaged. He already
           | probably pushed them on the edit button, even though they
           | claimed he didn't. If he's right -- and Goldman Sachs seems
           | to agree -- he could have an easier go of it next year.
        
             | wwweston wrote:
             | > Elon is arguing that Twitter is mismanaged.
             | 
             | Anyone who thinks this is manifestly true should read this
             | take from an ex-CEO of Reddit:
             | 
             | https://twitter.com/yishan/status/1514938507407421440
             | 
             | tl;dr: managing human interaction in any environment with
             | limited accountability is a lot harder than it looks
             | 
             | Also, there's the question of by what metrics one would
             | argue it's mismanaged. Revenue and engagement trends?
             | Profitability trends?
        
               | avs733 wrote:
               | By the "I personally don't like your policies" metric.
        
               | scythe wrote:
               | I mean, if you take it as a case for why moderation is
               | hard, that's fair. But while Elon describes himself
               | (identity politics) as a "free speech absolutist", his
               | concrete proposals seem to include things like an edit
               | button, long-form tweets and some monetization
               | strategies.
               | 
               | I think the fairer critique of modern Twitter is that it
               | prioritizes the needs of media personalities and PR firms
               | over ordinary users, not that it isn't "free" enough. I
               | am blandly optimistic about the prospects of things being
               | shaken up at Twitter, and for who Elon is, it could
               | easily be someone much worse.
        
               | wwweston wrote:
               | > his concrete proposals seem to include things like an
               | edit button, long-form tweets and some monetization
               | strategies.
               | 
               | This sounds like an opportunity to diversify the media
               | (and discourse) landscape with a different product.
        
               | whymauri wrote:
               | It's not just harder than it looks, I would argue it's
               | one of the hardest problems imaginable.
        
               | aahan5 wrote:
               | That's only from a content moderation point of view. I
               | would argue Twitter is incredibly mismanaged from a
               | product POV. Barely any new features, buff Android app
               | (at least for me), and Twitter Blue being pretty useless.
        
               | slibhb wrote:
               | I read it and am thoroughly unimpressed.
               | 
               | > It is because at Certain Times, given Certain
               | Circumstances, humans will Behave Badly when confronted
               | with Certain Ideas, and if you are The Main Platform
               | Where That Idea is Being Discussed, you cannot do
               | NOTHING, because otherwise humans will continue behaving
               | badly.
               | 
               | To paraphrase: "Ideas are dangerous, people cannot be
               | trusted to argue on the internet because it leads to
               | violence, therefore people have to be censored, even if
               | the things they're saying are true".
               | 
               | First, the idea that lab-leak theory was related to
               | violence against East Asians is highly, highly dubious.
               | Second, again and again, I see people arguing that we
               | have to dispense with our ideals because they are Too
               | Dangerous. At some point you have to realize that these
               | people are just cowards.
        
               | wwweston wrote:
               | > To paraphrase: "Ideas are dangerous"
               | 
               | More precisely: ideas are powerful, which means they
               | _can_ be dangerous.
               | 
               | Anyone who doesn't understand that is actually a deeper
               | enemy of discourse than a platform owner who says their
               | forum is not a venue for topic X or opinion Y.
               | 
               | Some stop here at a dichotomy: "you want to ban ideas, I
               | will be oppressed!" or "I must literally be allowed to
               | put my words in your speech vehicle and be given full
               | access to its audience without any abrogation of that
               | privilege or I am being oppressed!"
               | 
               | Others start to understand what the legal system has with
               | both weapons and speech: perhaps there are some
               | activities or forms it takes that need nuanced
               | consideration. Time, place, manner, associated behavior,
               | fire in a crowded theater, threats, etc. You will find
               | these considerations where people actually take speech
               | seriously.
               | 
               | > Ideas are dangerous, people cannot be trusted to argue
               | on the internet because it leads to violence
               | 
               | You seem to be merely summarizing with scorn here rather
               | than actually addressing the situations where this
               | happens.
               | 
               | It's not hard to find stories where distorted worldviews
               | oriented around agentive threats regarding the pandemic
               | have led to people threatening and even assaulting health
               | professionals. I know some of these people.
               | 
               | You probably know families or acquaintances that have
               | banned certain topics from dinner gatherings because they
               | lead to heated conversations or even violence. It's not
               | that they believe no one should ever talk about them.
               | It's that they understand what Wong is talking about
               | here: there's problem behavior and carving out a domain
               | where the related topic isn't carried is one way of
               | fixing it.
               | 
               | And when it's your house that people are yelling or
               | coming to blows at, I'll bet you try the same solution.
               | 
               | Arguing on "the internet" is a freedom that has never
               | been threatened by limitation that Twitter and Reddit
               | have put in place. What's at stake with Twitter and
               | Reddit is what Wong describes well here: they're stewards
               | of the platform where this is taking place, they get to
               | see the effects. They feel an obligation to do something
               | about it.
               | 
               | And you know what? Their right to do so as stewards of
               | the platform is _also_ a freedom of speech right. And it
               | 's every bit as important as an individual's right to
               | spout off about whatever it is they want.
               | 
               | The freedoms to watch more strictly are those where the
               | state or other entities impose violence or loss of
               | physical freedom as a consequence for touching a topic.
               | Twitter and Reddit battles are about people's sense of
               | privilege.
        
               | slibhb wrote:
               | In your long, meandering post that reminds me of the
               | long, meandering thread you linked, you claim that anyone
               | who supports free speech is "actually a deeper enemy of
               | discourse" than a censor. That's creepy Orwellian
               | nonsense and anyone "smart" enough to convince themselves
               | that up is down should not be making decisions.
               | 
               | This actually isn't hard. Ban racial slurs, "doxxing,"
               | calls to genocide, and low effort provocations. Don't ban
               | _ideas_ because you 're convinced they are wrong or
               | dangerous.
        
               | dm319 wrote:
               | > Ban racial slurs, "doxxing," calls to genocide, and low
               | effort provocations.
               | 
               | Hey everyone, look here! We have the answer to the thorny
               | issue of what governs free speech in clear black and
               | white. Twitter, facebook, reddit execs, take note!
        
               | slibhb wrote:
               | I could easily do this job. It's not hard, it merely
               | requires not being a coward.
               | 
               | But my rate is quite high.
        
               | WalterBright wrote:
               | I'd just stick with banning what's already illegal -
               | libel, inciting violence, fraud, threats, harassment,
               | criminal activity, etc.
        
               | unethical_ban wrote:
               | "Low effort provocations" is disinformation, is trolling,
               | is spreading knowable lies. Then we agree those should be
               | moderated.
        
               | WalterBright wrote:
               | > is spreading knowable lies
               | 
               | How about lies like the Earth revolves around the Sun?
        
               | slibhb wrote:
               | No, "low effort provocations" has nothing to do with
               | "disinformation" or "spreading knowable lies". I am
               | genuinly astonished that you think all those things are
               | synonyms.
               | 
               | news.ycombinator.com does this right -- moderators rarely
               | moderate based on the message or idea in a post and their
               | opinion about its truth-value. Rather, posts are
               | moderated for being provocative, overly rude, including
               | slurs, low effort, and so on.
        
               | unethical_ban wrote:
               | I'm making the point that deliberate misinformation _is_
               | provocation. Claims without evidence, baseless contrarian
               | assertions with no semblance of logic, _is_ provocation.
               | Posting snarky one-liner  "rebuttals" to a paragraphs-
               | long post _is_ provocation.
               | 
               | Not all of those things deserve the same level of
               | reaction, but they are a disservice to useful
               | conversation and should be moderated/downvoted
               | accordingly.
               | 
               | I agree that HN does it correctly, so I wonder where our
               | disconnect is.
        
               | wwweston wrote:
               | > you claim that anyone who supports free speech is
               | "actually a deeper enemy of discourse" than a censor
               | 
               | Not what I said. If you care about speech, try to be
               | careful about parsing, interpreting, and summarizing it.
               | If something still doesn't make sense, try asking
               | questions.
        
               | slibhb wrote:
               | It's exactly what you said. I took your dissembling and
               | accurately reproduced its message in one sentence.
               | 
               | > More precisely: ideas are powerful, which means they
               | can be dangerous.
               | 
               | > Anyone who doesn't understand that is actually a deeper
               | enemy of discourse than a platform owner who says their
               | forum is not a venue for topic X or opinion Y.
               | 
               | In order to have REAL FREE SPEECH (which you call
               | DISCOURSE) we have to CENSOR BAD OPINIONS.
               | 
               | No. Stop playing whack-a-mole with "bad ideas". "X idea
               | leads to Y bad thing" is almost always wrong, the world
               | is chaotic, no one knows the result of a tweet, and
               | people who claim to are just looking for excuse to shut
               | down debates they're afraid to have.
        
               | unethical_ban wrote:
               | >even if the things they're saying are true".
               | 
               | You added that part in yourself. You seem to be ignoring
               | the concepts of disinformation, trolling, and bad faith
               | actors.
        
               | slibhb wrote:
               | No I didn't. The twitter thread we're talking about used
               | "lab leak" as an example of something that had to be
               | censored but the author also _admitted he thinks the lab
               | leak hypothesis is true_. Something that was true had to
               | be censored! (I don 't think lab leak is true, I'd give
               | it a ~30% vs ~70% for zoonotic).
               | 
               | I don't care about trolling, it's just a neologism for
               | "making a joke" or "taking the piss". "Bad faith" and
               | "disinformation" are words used by people who want to
               | shut down certain debates.
        
               | Aeolun wrote:
               | > I see people arguing that we have to dispense with our
               | ideals because they are Too Dangerous. At some point you
               | have to realize that these people are just cowards.
               | 
               | We don't have to dispense with the ideal. But that's what
               | it is, an ideal. We have to remain pragmatic.
        
               | slibhb wrote:
               | It is both funny and sad that this country made it
               | through a revolution, a civil war, various recessions,
               | two world wars, the looming threat of nuclear holocaust,
               | decades of ill-advised military adventurism but
               | apparently it's "people arguing on the internet" that
               | causes us to stop believing in free speech. Like I said,
               | cowards.
        
               | adamrezich wrote:
               | it's not that we stopped believing in free speech, it's
               | just that, like many other words and terms, "free speech"
               | has been "Newspeaked", redefined before our very eyes, in
               | our very lifetimes, and all they had to do to accomplish
               | it was put the Internet in everyone's pocket and convince
               | them it will brainwash them into being evil mindless
               | automatons or something, unless The Right People oversee
               | and moderate what can and cannot be discussed online.
               | literally nobody thought this way 15 years ago.
        
               | Aeolun wrote:
               | It's because during those times the crazies could only go
               | shout at a street corner, so most people didn't have a
               | huge platform.
        
               | Aeolun wrote:
               | As insightful as this thread is, Elons reply is gold:
               | 
               | > My most immediate takeaway from this novella of a
               | thread is that Twitter is _way_ overdue for long form
               | tweets!
        
               | wwweston wrote:
               | It's _very_ clever. It redirects of a raft of points Wong
               | makes into a narrative Musk is pushing. It probably
               | represents one of the reasons why he 's so successful. :)
               | 
               | It also loses its luster on a bit of reflection -- this
               | particular novella was in fact published on Twitter, and
               | obviously got plenty of attention, including from Musk,
               | so it's not exactly clear that Twitter's an unacceptable
               | venue for novellas. Also, there's other long-form
               | platforms that don't seem to have competed well with
               | Twitter so far.
               | 
               | But maybe someone could pull off making such a thing
               | work. Which is why personally what I'd like to see Musk
               | do is take the assets he was going to use to purchase
               | Twitter and build _another_ platform, one with the
               | features and values he 's envisioning from the ground up.
               | He might have the juice to pull it off, and it would help
               | diversify the media landscape and discourse culture
               | rather than just being a tug-of-war.
        
           | fortran77 wrote:
           | And Disney, twice.
           | 
           | https://www.upi.com/amp/Archives/1984/06/11/Walt-Disney-
           | Prod...
        
         | cwkoss wrote:
         | Are you going to sell? If not, why not?
        
           | WalterBright wrote:
           | I'm considering selling.
        
           | lr4444lr wrote:
           | I'm not. Though I wouldn't have been too upset to pocket a
           | 20+% gain, I bought at the start of 2022, bolstered by Jack's
           | ouster. They need to figure out a paid tier for celebrity
           | accounts, cut the fat from the staff (it's really not that
           | complex a piece of software relatively speaking), and get
           | profitable. Scott Galloway saw the potential well before Musk
           | got involved.
        
         | anonymouse008 wrote:
         | Read some Matt Levine, he's way more articulate and makes
         | finance quite fun. But if I were to take a stab at it:
         | 
         | The market has been so weird recently that stock splits - which
         | according to previous theoretical belief do not create
         | shareholder value - have in fact increased the share price for
         | extended periods. So issuing stock for whatever reason (high
         | price, poison pill) could be seen as shareholder maximizing.
         | 
         | One could say diluting the stock so that a particular
         | personality cannot buy the whole company could be shareholder
         | maximizing as it would entrench ESG held values -- emboldening
         | new shareholders to purchase the stock (saving the stock
         | price).
         | 
         | And point of information, by diluting rather than selling
         | already owned shares, control is not ceded to the potential
         | acquirer -- unless the potential acquirer doesn't care about
         | the poison pill and will pay the premium for the new issue as
         | well.
         | 
         | This is quite fun to watch.
        
           | atmosx wrote:
           | Matt is awesome. Super-smart guy, I love his perspective
           | although I must admit I rarely read his newsletter nowadays.
        
           | sjg007 wrote:
           | I agree stock splits broaden your investor base because you
           | are now more affordable. It's psychological magic.
        
           | and-not-drew wrote:
           | > The market has been so weird recently that stock splits -
           | which according to previous theoretical belief do not create
           | shareholder value - have in fact increased the share price
           | for extended periods
           | 
           | You're right that theoretically, they shouldn't create value,
           | but I think even back to the 80s and 90s it's been shown that
           | companies that go through a split tend to out perform the
           | market for years after the split. The main reason isn't that
           | the split creates value, but rather that companies who go
           | though a stock split are usually successful and already on a
           | trajectory to beat the market, split or not.
        
             | hackernewds wrote:
             | So that selection bias seems to project that buying before
             | a share split is actually not an educated+good decision
        
               | and-not-drew wrote:
               | I think it still is. I'm going to try to find a source,
               | but I saw an analysis where they measured from a year
               | before the split, the day the split was announced, and
               | the day the split was executed all until one year after
               | the split was executed and the returns on all of them
               | beat the market as a whole.
               | 
               | That being said, holding before the announcement
               | performed the best.
        
               | Majromax wrote:
               | > I'm going to try to find a source, but I saw an
               | analysis where they measured from a year before the
               | split,
               | 
               | There's a bit of time travel / survivor bias with this
               | one. A company that has not beaten the market is much
               | less likely to split its stock. In other words, if I know
               | nothing other than that a company is splitting its stock,
               | I can reasonably guess that it's shown good returns in
               | recent history.
        
               | and-not-drew wrote:
               | Yeah, that was their whole point. Stock splits don't
               | cause better returns, but the stocks with the best
               | returns are more likely to split.
        
             | JumpCrisscross wrote:
             | > _even back to the 80s and 90s it 's been shown that
             | companies that go through a split tend to out perform the
             | market for years after the split_
             | 
             | Going back to the late 60s [1].
             | 
             | [1] https://www.researchgate.net/profile/Hemang-
             | Desai-2/publicat...
        
           | eqmvii wrote:
           | IMO, Matt Levine is mostly writing with his tongue firmly in
           | his cheek when he suggests stock splits and meme stock antics
           | are Rational Things Boards Should Do For Value.
           | 
           | Excellent source for financial news though, I agree!
        
           | 99_00 wrote:
           | There is no reason to think that issuing more shares would
           | have the same effect as stock splitting because they are very
           | different things.
        
           | atsmyles wrote:
           | Stock splitting isn't dilution. It is the equivalent of
           | breaking a $10 bill into 2 $5 dollar bills. Dilution is just
           | printing more $10 bills aka inflation.
        
             | anonymouse008 wrote:
             | Though that may be the technical definition, I consider any
             | increase in float or number of votes a diluting event
        
         | [deleted]
        
         | sangnoir wrote:
         | Isn't your sample biased? Distressed companies are more likely
         | to attract takeover attempts (hostile or not) compared to
         | healthy ones; and they are also more likely to tank. As far as
         | I can tell, Twitter is not in financial distress.
        
           | onelovetwo wrote:
           | from my understanding they've been going downhill for quite
           | some time.
        
             | guyzero wrote:
             | "I don't like it" != financial distress.
             | 
             | From Twitter's 2021 10K:
             | 
             | "FY 2021 Highlights Total revenue was $5.08 billion, an
             | increase of 37%, compared to 2020."
             | 
             | 2021 net losses were $221M, which is a big improvement on
             | $1.135B in 2020.
             | 
             | Honestly seems like things are really shaping up @ Twitter.
        
               | fullshark wrote:
               | I'm actually a bit amazed they aren't profitable yet.
               | Hasn't their user base been stagnant/shrinking for years?
               | What are they investing in?
        
               | guyzero wrote:
               | They were profitable in like 2017-2019. Their financials
               | are public, it's easy to see at a macro level where the
               | money is going.
        
               | quickthrowman wrote:
               | https://www.sec.gov/edgar/browse/?CIK=1418091&owner=exclu
               | de
        
               | Kye wrote:
               | I'm curious to see how this holds up without the events
               | of January 6th driving so many ad impressions.
        
               | onelovetwo wrote:
               | https://twitter.com/cameron/status/1514977953079209985
        
               | [deleted]
        
           | [deleted]
        
         | yalogin wrote:
         | Not really, as a counter argument, there is every reason to
         | believe that Musk will make a mockery of twitter and run it
         | into the ground. A social media platform with a lot of
         | responsibility is not for someone as egotistical as Musk. If
         | Zuckerberg is bad, Musk could be catastrophic.
        
           | WalterBright wrote:
           | I'll let you in on a secret: _every_ person who runs a
           | company is egotistical. It 's not possible to run a company
           | otherwise. You've got to have confidence in yourself and your
           | ideas.
           | 
           | Of course, some hide it more assiduously than others. I don't
           | mind Musk boasting. He earned it. It's more refreshing than
           | the fake modesty of others.
           | 
           | A CEO friend of mind once called me up all worried because
           | someone called him arrogant. I told him of course you're
           | arrogant. He was shocked. I laughed, and told him to look at
           | his accomplishments - who but an arrogant person would ever
           | have even attempted those things!
        
             | dm319 wrote:
             | Egotistical is quite different to confident. Narcissistic
             | and egotistical people often have a fragile self-image.
             | Prone to destructive rage[1] with the slightest insult.
             | 
             | [1] like calling someone a paedophile without any evidence.
        
           | rufusroflpunch wrote:
           | Elon has run several companies immensely more successful than
           | Twitter. He also planned to address some glaring issues on
           | the platform. There is almost no question he would have been
           | better than current management, which is destroying their
           | platform.
        
             | bawolff wrote:
             | The companies he run do very different things. I dont think
             | there is any garuntee his success will transfer domains.
             | 
             | But it would certainly be interesting to watch.
        
             | jgalt212 wrote:
             | > Elon has run several companies immensely more successful
             | than Twitter.
             | 
             | Like all things, it depends how you count. The problem I
             | see vis a vis Twitter is it's private company and a public
             | utility at the same time.
        
               | RickJWagner wrote:
               | I don't think it's run like a public utility. Twitter
               | takes stances that might seem 'centrist' in politically
               | blue areas, but seem biased in red areas.
               | 
               | Personally, I think Musk would run it more fairly.
        
               | dm319 wrote:
               | Yes it doesn't fall for the false centre ground.
        
               | LegitShady wrote:
               | Twitter is very clearly not a public utility by any means
        
           | tonguez wrote:
           | "Musk will make a mockery of twitter"
           | 
           | how do you make a mockery of something whose only purpose is
           | to manufacture consent for war profiteering?
        
             | 10u152 wrote:
             | Wow, what utter hyperbole. Can you cite any evidence?
        
           | whatshisface wrote:
           | The shareholders no longer care what happens to Twitter once
           | they are shareholders no longer. (Except insofar as they are
           | Twitter users.)
        
             | axlee wrote:
             | Tell that to all the employee with shares or options.
        
             | yalogin wrote:
             | That need not be what the board wants and long term
             | shareholders want. This pressure to accept an offer is for
             | institutional (hedge funds) and short term investors. This
             | thought process is similar to when the company decides to
             | invest in the business at the expense of stock buy backs
             | for example, the way Bezos ran Amazon for a long time.
        
           | hamiltonians wrote:
           | elon is very popular. how would he run it into the ground
        
           | legalcorrection wrote:
           | "Mockery" i.e. not censor people who say things you don't
           | like.
        
             | avs733 wrote:
             | It's a completely ridiculous narrative to think that musk
             | is interested in anyones free speech but his own. We should
             | all be more aware of when the narratives billionaires pitch
             | about themselves become perceived to be objective reality.
        
               | WalterBright wrote:
               | Why is it completely ridiculous?
        
               | argiopetech wrote:
               | While I don't dispute that Elon is first in Elon's mind,
               | I (perhaps in ignorance) have no reason to believe that
               | he wouldn't take a principled stance and apply the
               | standard he wants for himself to all. That's certainly
               | what he's claimed.
               | 
               | I don't find the assertion that billionaires inherently
               | lack integrity a compelling argument. In the spirit of
               | honest inquiry, do you know of any reason specific to
               | Elon that I should not take him at his word?
        
               | dm319 wrote:
               | Because it takes a particular kind of person to become
               | that rich and wealthy. When the whole Epstein scandle
               | unraveled, it was eye-opening to me that all these people
               | intent on being wealthy, powerful and influential, were
               | also morally dubious. Elon has clearly sought wealth and
               | power throughout his life. Twitter is the most
               | influential social network on the planet - maybe he
               | thinks that he could transition from the richest person
               | in the world, to the most powerful.
        
               | avs733 wrote:
               | It's important to note I didn't say anything about his
               | integrity.
               | 
               | There's a pretty significant area of scholarly research
               | in business and entrepreneurship that criticizes
               | "mythicization" of successful individuals.
               | 
               | What those scholars argue, basically, is that media as
               | well as business researchers take the words of successful
               | people as inherently true and important. The result in,
               | say research on entrepreneurs, is that what successful
               | entrepreneurs think is meaningful is reported as de facto
               | true and important. The critique is not of them saying it
               | - it's of others accepting it as valid based on the
               | heuristic that successful people must be right. It's a
               | critique of the resulting research for not being
               | objectively defensible, but instead just reinforcing
               | societal norms as reality.
               | 
               | In my comment, my criticism isn't of musk it's of others.
               | Believe me, musk, you, me, everyone tells stories about
               | our selves and our beliefs from our own perspectives.
               | It's how other evaluate and use those stories as
               | objective rather than subjective that can be problematic.
               | 
               | C.f,, the other comment replies I got
        
               | martyvis wrote:
               | If Elon was really only concerned by his own free speech
               | he could easily using the small change in his pocket to
               | create elonmusksays.com, have 10 people run it, and his
               | daily quips and insights would be there for all to see
               | and presumably quoted anywhere and everywhere.
               | 
               | Elon always has bigger plans and ability to execute on
               | them then people seem to acknowledge.
        
         | [deleted]
        
         | xyzzy21 wrote:
        
           | rileymat2 wrote:
           | Not sure this is true, if they believe the long term outlook
           | is higher than the hostile price, they are being good
           | fiduciaries.
        
           | sbelskie wrote:
           | Are you claiming that this common kind of poison pill
           | provision is illegal?
        
           | tuckerman wrote:
           | The idea that the board's fiduciary means they must maximize
           | profits at the expense of all else is a bit of a myth. Yes,
           | they need to look out for their shareholders but they also
           | need to do right by the company, and companies can be formed
           | for any legal purpose and everyone (the company and the
           | shareholders) values things differently. It's generally been
           | upheld that the board has a lot of autonomy and, outside of
           | gross negligence, is generally protected by the business
           | judgement rule.
        
             | tsimionescu wrote:
             | > Yes, they need to look out for their shareholders but
             | they also need to do right by the company, and companies
             | can be formed for any legal purpose and everyone (the
             | company and the shareholders) values things differently
             | 
             | The board has a lot of leeway into how they achieve profit
             | for the shareholders, but all decisions they make must be
             | nominally in the interest of that goal (assuming we're
             | discussing a for-profit company such as Twitter). They can
             | basically claim anything they do is done in the interest of
             | shareholder value and be safe, but if they said "we know
             | the company will lose money on this, but we really like X
             | so we'll spend company money on it", they would pretty
             | clearly be in breach of their fiduciary duty.
        
               | tuckerman wrote:
               | At least in Delaware law, a board's fiduciary duty
               | involves a duty of care, loyalty, and good faith. While
               | acting to maximize their personal interests or
               | egregiously working against profits could be considered a
               | breach, not trying to maximally make profits probably
               | wouldn't be.
               | 
               | All of this would need to be litigated on a case-by-case
               | basis, but many modern cases have found that companies
               | can freely act to maximize the wages of their employees
               | at the expense of dividends or act charitably even when
               | there aren't tax breaks.
               | 
               | That said, I'm not sure this really even applies in the
               | case of Twitter---I think its not unreasonable to argue
               | that the innate value of Twitter is so much higher than
               | what Musk is offering that its better for the
               | shareholders to wait even thinking purely in terms of
               | profits (I would probably personally disagree with that,
               | but I don't think its any more unreasonable than plenty
               | of other valuations I see)
        
               | tsimionescu wrote:
               | Yes, they don't have to _maximize_ profits, but they also
               | can 't ignore profit to the benefit of other values they
               | deem more important, per the very old but still in force
               | Dodge v Ford.
               | 
               | As long as they are not egregiously and obviously acting
               | against that goal, or taking decisions without
               | deliberation, the law would favor them in any trial that
               | only hinged on whether the price offered by Musk was
               | better than the market. Basically the burden of proof to
               | show that it _could not_ have been a good business
               | decision would lie with the plaintiff, and I very much
               | doubt that you could build a solid case of that.
        
               | madhadron wrote:
               | I mean, saying "We are concerned about a hostile takeover
               | attempt by a person who isn't allowed to be an officer of
               | a public company anymore because he has show himself
               | either unwilling or unable to be a fiduciary for
               | stockholders, and we are trying to protect our
               | stockholders from him" seems like a slam dunk in court.
        
               | tsimionescu wrote:
               | Musk is offering to buy out all stockholders, so if the
               | sale goes through, he will be the sole owner of Twitter,
               | and all current stock holders will receive cash.
               | 
               | On the other hand, the board can easily say "we don't
               | beleive this deal offered by a person who isn't allowed
               | to be a public officer of a company anymore will ever go
               | through, either because he will retract it or because he
               | will be unable to secure funding; and we beleive
               | attempting the deal will hurt stock prices and profits
               | for current shareholders" and then I agree, it would
               | probably be a slam dunk in court.
        
               | tuckerman wrote:
               | I don't think Dodge v. Ford isn't a great case to cite
               | here for two reasons: 1) I think the trend of accepting
               | that corporations can exist for reasons other than to
               | generate profit is a post-ww2 phenomenon and this case is
               | from 1919 2) Perhaps more importantly, Dodge v. Ford was
               | a case before the Michigan Supreme Court and, to my
               | knowledge, has never been used in a case in Delaware.
        
               | LocalPCGuy wrote:
               | Achieve profit is not the same thing as provide value or
               | best interest of. It could be. It does not have to be.
        
               | tsimionescu wrote:
               | A for-profit company is there for profit. There is no
               | other way to interpret shareholder value in a for-profit
               | company, for purposes of discussing fiduciary duty.
               | 
               | Now, providing profit/share-holder value need not mean
               | _maximizing_ said profit - it just means that profit must
               | always be considered in any business decision, it can
               | never be entirely ignored in favor of other things.
               | 
               | Note that not even shareholders get to decide what kind
               | of value they expect their board to offer them. That
               | definition of value is set in stone by the type of
               | corporation. The board of a for-profit company has a
               | fiduciary duty to the shareholders of the company as
               | pertains to profits.
               | 
               | If 100% of the shareholders of Twitter voted to ask the
               | board to sacrifice profit for free speech; and the board
               | decided to ignore this request entirely and publicly
               | announced they would limit free speech at every trun to
               | focus on profits, the shareholders would have no chance
               | of winning a breach of fiduciary duty trial against the
               | board. The board has no legal duty to uphold some
               | abstract values that shareholders hold dear, they only
               | have a legal duty to act in the interest of company
               | profit as they see fit.
        
               | PaulDavisThe1st wrote:
               | > it just means that profit must always be considered in
               | any business decision, it can never be entirely ignored
               | in favor of other things.
               | 
               | The word "entirely" is doing a lot of work there.
               | 
               | > The board of a for-profit company has a fiduciary duty
               | to the shareholders of the company as pertains to
               | profits.
               | 
               | This is a dramatic oversimplification that borders on
               | falsehood, as you noted yourself in your previous
               | paragraph. As a trivial example, the board would be
               | entirely entitled to claim that their goal is very long
               | term profit maximization, and that this will result in
               | decades of losses (effectively Amazon's strategy).
               | 
               | We also now have "Public Benefit Corporation" as a
               | codification of a for-profit corporation that does not
               | have profit as its primary motivation (at least in 35
               | states & DC), but obviously that does not apply in the
               | case of Twitter.
        
               | tsimionescu wrote:
               | > As a trivial example, the board would be entirely
               | entitled to claim that their goal is very long term
               | profit maximization, and that this will result in decades
               | of losses (effectively Amazon's strategy).
               | 
               | Yes, but that's still a profit based motivation. My point
               | was that the board of a for-profit company doesn't have a
               | fiduciary duty to represent non-financial interests of
               | the company or shareholders.
               | 
               | That is, you can't sue the board of a for-profit company
               | because they didn't uphold their fiduciary duty to
               | represent your interest of having a free-speech platform,
               | even if you had made it very clear that to you this is
               | much more important than profits, and even if you owned
               | 100% of shares [well, you can sue, but the case will be
               | quickly thrown out]
               | 
               | Conversely, the board can always claim that they made
               | free speech a priority because they believe that will
               | help drive long term profits, even if shareholders asked
               | them to focus on profits to the detriment of free speech,
               | and even if profits immediately tanked after this
               | decision; and they will likely win in a trial.
        
               | hajile wrote:
               | We are the largest perennially unprofitable company to
               | ever exist. The richest guy in the world offered to
               | invest a fifth of his net worth into the gamble of
               | turning our company profitable while making our
               | shareholders a massive profit.
               | 
               | Instead, we poisoned the system knowing that the stock is
               | all but guaranteed to tank massively reducing our market
               | cap and hurting our ability to take out still more loans
               | to continue our unprofitable venture.
               | 
               | But we're holding true to our other nebulous values.
               | 
               | They'll have a very compelling argument.
        
               | tsimionescu wrote:
               | To prove a breach of fiduciary duty, you generally have a
               | very high burden of evidence, unless you can show some
               | conflict of interest or obvious lack of deliberation.
               | 
               | Otherwise, the business judgement rule is applied, where
               | the presumption is that the directors acted in good
               | faith, and you would essentially have to prove that it is
               | impossible for Twitter stock to grow beyond the current
               | offer.
        
               | hajile wrote:
               | What answer could they give for their actions that isn't
               | immediately disprovable garbage?
               | 
               | Do you really think that discovery would show that this
               | was all in good faith?
               | 
               | I'd bet heavily that a lot of ideological discussions
               | would be disclosed. As that is completely contradictory
               | to what Twitter claims is their goal, bad faith would be
               | the only remaining option.
        
               | tsimionescu wrote:
               | I would bet that no such ideological grounds would be
               | found in discovery, even if it were true, unless the
               | board are complete morons to discuss such things over
               | email.
               | 
               | Instead, it is easy to expect they would discuss the
               | sincerity of Musk's offer (the chance that they may
               | accept it only for it to be retracted, as happened with
               | the board membership offer), the plausibility of him
               | having the required financing, the stock price today vs 6
               | months ago compared to the offer, and similar business
               | discussions.
               | 
               | I also don't personally believe this is an ideological
               | battle at all - it's much more likely to be a financial
               | manouever or simple ego-driven ambition by Musk.
        
               | PaulDavisThe1st wrote:
               | > The richest guy in the world offered to invest a fifth
               | of his net worth into the gamble of turning our company
               | profitable
               | 
               | That's his publically stated claim. Whether that's what
               | is really going on is another question.
        
               | philistine wrote:
               | You gave a very clear example of a breach. To add to your
               | point, _Elon 's offer is both conditional on financing
               | and too low, so we will implement a poison pill_ would
               | never be seen as a breach.
        
             | friesfreeze wrote:
             | Under DE law, my understanding is that you are slightly off
             | on this.
             | 
             | Boards do have a duty to maximize shareholder value. THAT
             | SAID, the business judgement rule provides that judges will
             | not second guess the board absent evidence of gross
             | negligence or total disregard of duty. This is because the
             | Delaware court has decided that judges are not better than
             | boards at evaluating business decisions.
             | 
             | BUT! Overcoming the BJR is very difficult unless management
             | stupidly says the quiet part out loud.
             | 
             | Dodge v. Ford is a celebrated case in this regard because
             | Ford basically said at trial "Yeah my main consideration in
             | taking [specific action] is not maximizing shareholder
             | value" and the judge was like "Haha no, that's not how any
             | of this works - you can't do [specific thing] now." But if
             | Ford was like "Yeah [specific thing] would be GREAT for
             | shareholders" under the BJR the judge would have been like
             | "Okay, great, keep doing what you are doing. How could I
             | possibly know better than you?"
             | 
             | Also there is no "need to do right by the company" -
             | squeezing value out of the company and all of its
             | stakeholders is completely consistent with the duties of
             | the board members. How else would the private equity
             | industry exist? (jk!)
        
               | luckydata wrote:
               | you're confused. It's not the law that said boards have
               | duty to maximize shareholder value, it was Jack Welch,
               | gone but not soon enough.
        
               | JumpCrisscross wrote:
               | > _have a duty to maximize shareholder value_
               | 
               | Not to maximize profits. Courts give companies a wide
               | berth in defining shareholder value.
        
               | friesfreeze wrote:
               | Right, though I don't think it is so vague as to be
               | meaningless. The stakeholder / shareholder value debates
               | in corporate governance play on the extremities of this
               | distinction a lot, with the current koan being that what
               | is good for stakeholders is good for shareholders.
        
               | JumpCrisscross wrote:
               | > _don 't think it is so vague as to be meaningless_
               | 
               | It's not, particularly in the context of takeover
               | defenses. There were cases in the 80s where Delaware
               | ruled that only shareholder interests--not all
               | stakeholders'--can be considered when a Board uses its
               | "business judgment" to deploy a poison pill. But
               | shareholders can have aims other than maximizing profit,
               | and companies are free to respond to them.
        
               | friesfreeze wrote:
               | Right, though it is an interesting question of whether
               | those values either have to be (1) directly fiducial (2)
               | couched in some theory of fiducial return or (3) can be
               | entirely non-fiducial. Doesn't really mean much in
               | practice because management can always just cover their
               | ass by saying that the other aims are also good for the
               | bottom line - even if it is nonsense.
        
               | tuckerman wrote:
               | I said this below but I don't think Dodge v. Ford is
               | particularly really plays much into modern case law
               | outside of the judgement rule. To my knowledge, it's
               | never been cited in Delaware (against the board at
               | least).
               | 
               | A case that stands out more to me (being both more modern
               | as well as at the federal level) is Burwell v. Hobby
               | Lobby: "While it is certainly true that a central
               | objective of for-profit corporations is to make money,
               | modern corporate law does not require for-profit
               | corporations to pursue profit at the expense of
               | everything else, and many do not do so." in reference to
               | furthering religious goals instead of profit. (https://su
               | preme.justia.com/cases/federal/us/573/682/#tab-opi...)
        
               | friesfreeze wrote:
               | I hear what you are saying. Hobby Lobby is an important
               | case but to me Hobby Lobby doesn't really implicate the
               | same policy concerns. Hobby Lobby was a closely held
               | (read family held) private corporation. I agree that the
               | language is dramatic, but I don't really think it the
               | case has much to say about the duty to maximize
               | shareholder value in widely held or public companies.
               | 
               | I read that quote from Hobby Lobby as saying "Sure, where
               | you own the whole thing you can do what you want,
               | whatever, it's not like you are hurting any other
               | shareholders" but I would hesitate in relying on getting
               | that type of language in other fact patterns.
               | 
               | Note that the plaintiff in Hobby Lobby was the secretary
               | health - not a disgruntled shareholder.
               | 
               | Edit: a word
        
         | ChicagoDave wrote:
         | 90% of Twitter stock is held by institutional investors. Feel
         | free to sell your shares. No one will notice.
        
           | WalterBright wrote:
           | Did I give the impression anyone would? I pointed out that I
           | have a financial stake in Twitter in order to show that I
           | have skin in the game that contributes to my pontifications
           | on the topic. I'm not merely a disinterested observer.
        
       | robbomacrae wrote:
       | Can't Elon just loan his money to some close acquaintances to buy
       | 15% each in their name who will vote his way?
        
         | rchaud wrote:
         | You can't press a button and buy that much stock. You'd likely
         | have to buy from portfolios of hundreds of investor funds and
         | family offices. Word gets around, and you'll have to jack up
         | the bid with each successive call.
         | 
         | You'd also have to buy in large volumes on the public markets
         | as well, so that'll bid up the price,providing a rationale for
         | the board to reject the offer as undervalued.
        
           | robbomacrae wrote:
           | But that doesn't seem any different to the process he would
           | have to go through personally if he was allowed to obtain
           | more than 15% himself without triggering the poison pill. I'm
           | sure this makes it more difficult I'm just wondering, given
           | the stakes involved, what is actually stopping this work
           | around?
        
         | chippiewill wrote:
         | Elon doesn't actually have the cash on hand to buy 51% of the
         | company at market rate (he could release the equity from Tesla
         | or something, but that would be expensive), he wants to do a
         | leveraged buy-out which means we wants to get some other
         | investors to go in with him on the deal at the figure he
         | outlined.
        
           | robbomacrae wrote:
           | Yeah that is in the same ballpark as (and probably more on
           | the money than) my suggestion. If he gets a few more big
           | shareholders on his side then he could simply put in
           | proposals and sway the retail investors into following.
        
       | sfmike wrote:
       | People arguing about one ai engineer point are missing the
       | philosophical premise that spam and bots to some extent help with
       | free speech and thwarting them are a form of censorship. Which
       | would be antithetical to the argument of taking over for reasons
       | of free speech.
        
       | xyzzy21 wrote:
       | And then the board and executive get sued for failing to maximize
       | shareholder value. It's literally a violation of federal law.
        
         | tomhoward wrote:
         | The fiduciary obligation is to act in the company's (not
         | shareholders') best interests, not to maximise (short term)
         | shareholder value. If the board has grounds to believe they can
         | increase the value of the company over the long term by more
         | than Musk's present offer is doing, they're right to do this
         | and are legally safe.
        
         | gdulli wrote:
         | Often repeated, but not true: https://caselaw.findlaw.com/us-
         | supreme-court/13-354.html
        
         | SalmoShalazar wrote:
         | You've posted this several times in this thread and it is not
         | correct.
        
         | perardi wrote:
         | Even if that was really a law, which it isn't...
         | 
         | ...what if they board believes they are maximizing shareholder
         | value in the medium or long term? What if they sincerely
         | believe Musk would be a fickle CEO, and would make changes to
         | the platform that would harm ad growth?
        
         | themitigating wrote:
         | I wish hackernews had more moderation and could ban people for
         | lying
        
       | dudeinjapan wrote:
       | Is anyone else reminded of Tom Lehrer? Poisoning (Twitter)
       | pigeons in the park...
       | https://www.youtube.com/watch?v=QNA9rQcMq00&t=20s
        
       | gadders wrote:
       | The Narrative must be protected at all costs.
        
       | giorgioz wrote:
       | Some research on shareholders % of Twitter, Tesla, SpaceX and
       | Square I made online in 15 minutes:
       | 
       | TWITTER biggest shareholders:                 1. Vanguard 10.3%
       | 2. Elon Musk 9.2%            3. Morgan Stanley 8.4%            4.
       | BlackRock 6.5%            5.  State Street Corp 4.5%
       | ?. Jack Dorsey 2.25%
       | 
       | TESLA biggest shareholders:                 1. Elon Musk 17%
       | 2. Susquehanna Securities 6.5%            3. Capital World
       | Investors 4.9%            ?. Kimbal Musk 0.07%
       | 
       | SPACEX is still private but it seems that:                 Musk
       | owns 48%-54% of outstanding stock       and 78% of voting rights
       | 
       | SQUARE (squareup.com) shareholders:                 1. Jack
       | Dorsey 12.7%            2. Morgan Stanley 6.8%            3.
       | Vanguard 6.3%
        
       | memish wrote:
       | Some points from the All in Pod.
       | 
       | 1. The Twitter board of directors has become a status thing. It's
       | like a country club. They don't have real skin in the game; they
       | don't own much stock. They're not aligned with the shareholders.
       | It's about status and cultural power.
       | 
       | 2. Why should we believe that the company will become more
       | valuable when the stock price is where it was way back in
       | December 2013? Compare to how the S&P or Tesla did during this
       | period. Twitter has languished for a long time.
       | 
       | 3. They should put it to shareholder vote.
       | 
       | 4. One AI engineer from Tesla could solve Twitter's bot and spam
       | problem.
       | 
       | 5. The elites have somehow inverted history so they now believe
       | that it is not censorship that is the favored tool of fascists
       | and authoritarians, even though every fascist and despot in
       | history used censorship to maintain power, but instead believe
       | free speech, free discourse, and free thought are the instruments
       | of repression.
        
         | 9935c101ab17a66 wrote:
         | I'd never heard of All in Pod, and so I listened to the section
         | from 43:00 on about this being a 'free speech' issue.
         | 
         | Quick takeaways:
         | 
         | - The frequent pejorative use of the term 'elites' as a
         | catchall for literally anyone they disagree with is hilarious.
         | Their explanation of Musk being the iconoclastic 'anti-elite
         | elite' sounds like Ayn Rand fan-fic written by a 14 year old
         | who just read the Wikipedia plot summary for Atlas Shrugged. -
         | What does 'inverting history' even mean? It seems to be another
         | example from Glenn Greenwald's vast and vitriolic argot. (I'm
         | sure Glenn Greenwald is another commendable 'anti-elite
         | elite'). - Paraphrasing: "journalists 20 years ago would have
         | been defending the first amendment!" -> this is _not_ about the
         | first amendment. The first amendment protects your ability to
         | speak freely from government imposed restriction or
         | suppression. Ironically, twenty years ago the press
         | /journalists and even government officials were experiencing
         | one George Bush's sweeping censorship efforts
         | (https://www.americanprogress.org/article/think-again-the-
         | bus...).
         | 
         | Anyway, the hosts wistfully allude to the past, with references
         | to society's 'public square' and people having the ability to
         | say whatever they wanted with no repercussions. This is
         | nonsense. Broadly, you can absolutely say whatever you want
         | online -- it's easier than ever.
         | 
         | That doesn't mean:
         | 
         | 1) Twitter is required to provide a platform for you to abuse
         | and harass people, or spout opinions they deem to be offensive,
         | damaging, or misleading. That's their choice. 2) Free speech
         | has never been consequence-free. To quote Michael Hobbes:
         | "Voicing your opinion in public has always carried the risk of
         | being shamed or shunned."
         | 
         | Finally, I will concede that twitter has suffered from poor
         | growth, and a change in leadership could be a good thing for
         | the company. But the board also has a responsibility to protect
         | minority shareholders from people exactly like Elon. Their
         | resistance to his efforts may have nothing to do with the
         | vague, insulting and unsubstantiated allegations you and the
         | podcast hosts make (It's a 'country club', board members are
         | only acting against musk to protect their 'status', etc).
         | Rather, they may quite reasonably believe that a vainglorious
         | egomaniac who has been repeatedly sanctioned by the SEC may, in
         | fact, not be the ideal owner of a social media company.
         | 
         | Ps.
         | 
         | > 4. One AI engineer from Tesla could solve Twitter's bot and
         | spam problem.
         | 
         | Do you really, seriously think this is true? It comes across as
         | deliberately inflammatory, and you and I both know it's not
         | true.
        
           | dmix wrote:
           | > Voicing your opinion in public has always carried the risk
           | of being shamed or shunned
           | 
           | This is an argument in favour of a more liberal model is it
           | not? Just not a centralized system that takes a dictatorial
           | role in socially isolating people for having bad ideas. The
           | analogy would make more sense if there was a benevolent
           | gatekeeper blocking you from coming back into the public
           | square (or even all big public squares) because you said
           | something controversial.
           | 
           | Otherwise cultural free speech people want ideas to be openly
           | challenged, not efficiently silenced by the system.
           | 
           | Harassing people is something I think most people agree
           | crosses a line, in the same ways it's a criminal act. But
           | even here Twitter does a poor job at that by taking a very
           | broad interpretation, for example it punishes people for
           | publicly disagreeing with someone while also being popular,
           | because their fans decided to brigade a person, then banning
           | the parent for 'causing it' (without ever directly
           | encouraging or supporting such a thing).
           | 
           | There's a hundred ways to do this better than
           | Twitter/Facebook/Reddit without throwing the baby out with
           | the bath water.
           | 
           | Trying to accuse every person who wants a very limited scope
           | for wanting Ayn Rand style anarchy is disingenuous.
           | 
           | Otherwise I'm not a fan of "All in" pod's analysis.
        
           | diebeforei485 wrote:
           | > the board also has a responsibility to protect minority
           | shareholders from people exactly like Elon [...] they may
           | quite reasonably believe that a vainglorious egomaniac who
           | has been repeatedly sanctioned by the SEC may, in fact, not
           | be the ideal owner of a social media company.
           | 
           | This was covered towards the beginning of the podcast.
           | Legally, the role[1] of the board in this situation is to get
           | the best stock price, and not about the future fate of the
           | business.
           | 
           | 1. https://en.m.wikipedia.org/wiki/Revlon,_Inc._v._MacAndrews
           | _%....
           | 
           | (HN is truncating the final . in the link)
        
         | beebmam wrote:
         | Why should a company be forced to carry, host, and service the
         | speech of others?
         | 
         | If Twitter is a monopoly, apply anti-trust laws to it and break
         | it up. If Twitter isn't a monopoly, then they should every
         | right to decide what their service does, as long as it's within
         | the law. If you don't like the current laws, change them.
         | 
         | I am totally, 100% opposed to privately owned companies being
         | forced to carry speech that they don't want to carry. That
         | itself is a violation of the free speech of people that operate
         | businesses.
        
           | [deleted]
        
         | TomSwirly wrote:
         | > One AI engineer from Tesla could solve Twitter's bot and spam
         | problem.
         | 
         | Translation: "AI is a magic spell! I can take someone who's
         | been working on vision recognition, and they alone could wish
         | all our bots and spams away, with the magic of AI."
         | 
         | > The elites
         | 
         | Oh, god, here comes the libertarian spiel...
         | 
         | > but instead believe free speech, free discourse, and free
         | thought are the instruments of repression.
         | 
         | Translation: "I want the right to tell any lie I please without
         | consequences. I want the right to be able to scream at people
         | on the Internet and keep my account. If I can't call someone
         | racist names on the Internet, it's because you're all Fascists
         | and authoritarians!"
        
           | [deleted]
        
           | [deleted]
        
           | memish wrote:
           | That translation is projection, nothing more.
        
           | honeybadger1 wrote:
           | I am sure you are the life of the party.
        
         | darth_avocado wrote:
         | > One AI engineer from Tesla could solve Twitter's bot and spam
         | problem
         | 
         | I think you underestimate how hard the problem is or you don't
         | fully understand how it works. The scale at which Twitter
         | operates makes it near impossible to take down spam in real
         | time. You don't think Twitter is working on it, but they are.
         | What you see is a much smaller percentage of the actual spam
         | generated, and the reason you see it is because users are
         | creative on circumventing all the preventive actions they take.
        
           | misiti3780 wrote:
           | If they stopped reporting and focusing on MAU, the problem
           | isnt that hard to solve. If you want to operate a bot on
           | twitter, it costs X/month or just make bots illegal.
           | 
           | The problem would be more surmountable at that point
        
           | eldenwrong wrote:
           | Add a bitcoin deposit to verify account as orange. Problem
           | solved
        
           | viraptor wrote:
           | An alternative take: there's spam that's trivial to spot and
           | spam that's hard to spot. Twitter is ignoring both. I can
           | give you both searches and keywords to post which will return
           | lots of spam ready to block. Not everything of course, but
           | let's not post the "spam is a hard problem" excuse until they
           | nuke every account responding with "metamask" and a link to
           | Google forms.
        
             | soperj wrote:
             | You don't nuke the accounts, you make it so no one can see
             | their posts and they don't realize. Make them waste their
             | time instead of creating a new account.
        
               | coffeeblack wrote:
               | You do neither.
               | 
               | You offer users a list of filters they can choose to
               | activate, so they only see content according to the
               | filters they enabled.
               | 
               | There would be filters against spam, filters against
               | opinions other than your own, etc.
        
               | onefuncman wrote:
               | Whoops! As a result of your action, your userbase has now
               | hyperfixated on follower counts as a proxy for status.
        
               | viraptor wrote:
               | Implementation detail -\\_(tsu)_/- you can handle this in
               | many ways. The point was that Twitter doesn't currently
               | care to use even minimal effort.
        
               | ben_w wrote:
               | We don't know how much effort they're putting in.
               | 
               | What's the false positive rate, and is that why people
               | complain they're being banned or shadow banned?
               | 
               | (Definitions of shadow ban vary: https://blog.twitter.com
               | /en_us/topics/company/2018/Setting-t...)
        
               | viraptor wrote:
               | My thesis is: if they put in minimal effort into
               | automation, then metamask spam would be trivial to block.
               | Since we know of the metamask spam for months (years?),
               | it means there was no effort. I could be wrong, but I'll
               | stick to the most obvious explanation.
        
               | ben_w wrote:
               | Given I had to Google "metamask" to understand your
               | comment, I'm not sure it's as widespread as I think you
               | think it is.
        
               | viraptor wrote:
               | It's been going on for months - if you're not aware of
               | this it doesn't mean it's not widespread. If you tweet
               | "metamask problem", you'll get a number of bots
               | immediately responding with Google forms links for
               | "metamask support". Yes, it's very widespread and
               | extremely obvious. Both fake support accounts
               | https://twitter.com/metamesksuport/with_replies (I can
               | find at least 10 more "support" accounts from a basic
               | search) and helpful randos
               | https://twitter.com/ij851227/status/1515302472079847425
               | 
               | It's been tweeted by multiple security people at various
               | Twitter engineers already and raised in lots of ways.
               | They know and don't care. Meantime, real people lose
               | their money - otherwise nobody would waste their time to
               | post the scam.
        
           | ehsankia wrote:
           | To think that a company that has failed to create self-
           | driving for nearly a decade could solve "content moderation",
           | one of the hardest problem on the internet that every single
           | of the big companies (who btw hire the best talent) have been
           | struggling with, is truly a shocking statement to me.
           | 
           | If all Google and Facebook couldn't solve it, why could a
           | Tesla engineer of all people...
        
             | syshum wrote:
             | A large part of the problem for twitter Google and Facebook
             | is their ever shifting goals for content moderation to
             | appease their politically activist employees and media
             | critics.
             | 
             | Something tells me Elon would have different goals that
             | should be less of a moving target and easier to accomplish.
             | Less subjective target like "hate speech" and more
             | objective target like true threats of violence, illegal
             | activity, actual bot detection not "people who disagree are
             | bots", etc
        
               | athrowaway3z wrote:
               | No. Not relevant to the discussion. Gmail has no content
               | moderation, but spam still gets through occasionally.
        
               | toshk wrote:
               | Well the government bills always get filtered out for me,
               | I agree with gmail that it's spam however the goverment
               | doesn't agree when I didn't pay a few times. So opposite
               | is even worse.
        
               | irrational wrote:
               | Occasionally? Recently (maybe the last 6 months) I have
               | been seeing a huge amount of spam getting through
               | (comparatively - maybe 10 a day make it to my inbox).
               | Previously I rarely saw any.
        
               | mike_hearn wrote:
               | It is relevant actually. I worked on spam fighting on
               | Gmail for a while and when I quit Google, I was invited
               | to Twitter for lunch and (though somehow I wasn't
               | actually told about this) to give an impromptu talk to
               | their spam teams.
               | 
               | Because the guy who invited me sort of sprung the talk on
               | me I had no slides or anything, so it became a collection
               | of vague thoughts + discussions with their team (vague
               | because I didn't want to discuss any trade secrets). One
               | thing that became very clear was that they weren't
               | thinking about bots a whole lot compared to the Google
               | abuse teams, because they'd been re-tasked at some point
               | to consider abuse as primarily meaning "humans being mean
               | to each other". A significant amount of their effort was
               | going on this instead, although there is really little
               | overlap in technologies or skills needed between
               | problems.
               | 
               | This was pre-2016 so the whole Russian-social-bots-gave-
               | us-trump hysteria hadn't started yet, instead Twitter was
               | being declared toxic just due to the behaviour of its
               | users. Thus the term bot still meant actual spam bots.
               | Since then various groups, primarily in academia but
               | activist employees too, realized that because deleting
               | bot accounts was uncontroversial they could try and
               | delete their political enemies by re-classifying them as
               | "bots". For example this Twitter developer in 2019:
               | 
               | https://reclaimthenet.org/project-veritas-twitter-hidden-
               | cam...
               | 
               |  _"Just go to a random Trump tweet, and just look at the
               | followers. They'll all be like guns, God, Murica, and
               | with the American flag and, like, the cross. Like, who
               | says that? Who talks like that? It's for sure a bot."_
               | 
               | Clearly any abuse team that uses a definition of bot like
               | that won't be able to focus on the work of actually
               | detecting and fighting spam bots. If Musk bought Twitter
               | and re-focused their abuse teams on classical spam
               | fighting work it'd almost certainly help, given that
               | Twitter didn't seem to be keeping the ever-shifting
               | overloads of the "abuse" clear in their org structure.
               | 
               | Incidentally, trying to find the above quote on Google is
               | a waste of time. Search "project veritas twitter for sure
               | they are bots" on Google and the links are almost all
               | irrelevant. DuckDuckGo/Bing gets it right on the first
               | result, no surprise. I don't believe for one second
               | that's a result of incompetence on the part of the Google
               | web search teams.
        
               | diebeforei485 wrote:
               | > "Just go to a random Trump tweet, and just look at the
               | followers. They'll all be like guns, God, Murica, and
               | with the American flag and, like, the cross. Like, who
               | says that? Who talks like that? It's for sure a bot."
               | 
               | Hahah wow this is so out of touch. Communities each have
               | their own way of speaking (famously /r/wallstreetbets has
               | its own grammar, emoji, and lingo, but this applies to
               | every community).
               | 
               | Sidenote this is why minorities speaking with each other
               | sometimes get misclassified (even by humans!) as spam.
        
               | caymanjim wrote:
               | How is spam blocking not content moderation?
        
               | mywacaday wrote:
               | In the last two weeks my gdrive has been spammed with
               | shared porn pdfs. It's not even being shared with the
               | email address I use, it's being shared with my email
               | without a full stop in the middle that Gmail ignores.
               | Haven't looked into it much but apparently people have
               | been asking for years for an option to only allow a doc
               | to be shared from a know contact, Google has ignored this
               | for a long time.
        
               | _benedict wrote:
               | Spam volumes are also down dramatically due to
               | conventional means like making it illegal, and taking
               | down bot farms that were sending it. Also the
               | introduction of DKIM and DMARC making it harder across
               | the board to be seen as a legitimate sender, and the fact
               | that many-to-many emails are a huge red flag for spam
               | filters, and not a concept for social media.
               | 
               | Spam is a dramatically easier problem, and has many more
               | mechanism to suppress it both legally and
               | technologically.
        
             | bfz wrote:
             | Spamming "$$$ TSLA to the moon! Get latest tips on my free
             | Discord http://biy.ly/ocozxc #TWTR #GOOG #AMC #GME $$$"
             | thousands of times for days being suspended is hardly the
             | hardest problem on the Internet
        
             | outsb wrote:
             | Spamming "$$$ $TSLA to the moon! Get latest tips on my free
             | Discord bit.ly/ocozxc #TWTR #GOOG #AMC #GME $$$" thousands
             | of times for days before suspension is hardly the hardest
             | problem on the Internet
             | 
             | Heck, you could even just limit the number of hashtags in a
             | single tweet (say, 2) and fix 95% of Twitter's spam problem
             | without harming legitimate users in any way
        
               | aesthesia wrote:
               | Uh, wouldn't spammers just...stop using lots of hashtags?
               | Part of what makes the problem difficult is that spammers
               | are agents who respond to the techniques you use to stop
               | them.
        
               | ljm wrote:
               | Supposing it really was that simple, 5% would still
               | comprise a large number of tweets.
        
             | chippiewill wrote:
             | The idea that an AI engineer for self driving could be
             | trivially retasked to content moderation is fairly
             | laughable as well.
             | 
             | That's not to say there aren't overlapping skill sets, but
             | the AI tech involved is quite distinct (although there is
             | overlap, I believe some of the latest perception research
             | is trying to adapt transformers from NLP to replace CNNs).
             | Many of my colleagues are AI/ML engineers working on the
             | self driving problems (perception, prediction, planning)
             | and they're all super smart, but they'd still take a while
             | to get up to speed in another area.
             | 
             | I have no idea why a serious business would hire a non-NLP
             | specialised engineer to solve content moderation (they'd
             | maybe hire someone who was interested in changing sub-
             | field, but not to build out the backbone of their teams).
        
               | zo1 wrote:
               | I also find it "laughable" how literally everyone is
               | taking the comment. They weren't saying they'd just take
               | some computer-vision expert and retool him to fix all of
               | Twitter's spam problems.
        
               | rgallagher27 wrote:
               | Also to think that an engineer who's intentionally joined
               | a company to work on AI self driving tech wouldn't
               | immediately quit when they where forced to move and work
               | on Twitter content moderation is laughable. They'd find
               | another job faster than Musk changes moods.
        
             | mavhc wrote:
             | 60,000 people have FSD beta, they've got further than
             | everyone else.
        
               | ehsankia wrote:
               | Tesla FSD is level 3. You still need to be fully aware
               | and hands on the wheel. Level 4 is when no one needs to
               | be at the driver seat, which is what Cruise and Waymo are
               | doing.
               | 
               | Quantity != Quality. Just because McDonalds serves
               | billions of people doesn't magically make it good food.
        
             | paisawalla wrote:
             | We're not talking about the hardest content problems on the
             | internet. Look at any of Elon Musk's (or anyone in
             | crypto's) popular tweets and you'll see a flood of
             | incredibly obvious bots that poorly mimic his account,
             | spamming some shit coin or advertising a BTC address.
             | 
             | Also, you're really understating how good Tesla self-drive
             | is. It's not full self-drive but it's a real achievement.
        
               | ehsankia wrote:
               | Yes, and Youtube and Facebook both have similar problems.
               | There is survivalship bias at play here, you do see the
               | bots that manage to get past the spam protection, but
               | never see the ones that don't. For all you know, Twitter
               | could be blocking 99% of the spam. Of course, as long as
               | there's money in it (and there is), spammers will
               | constantly be coming up with new and unexpected ways to
               | bypass your systems. It's a neverending battle, and if
               | you think it's trivial, you are the one understating how
               | hard the problem is.
               | 
               | I never claimed Tesla self-driving wasn't an achievement,
               | but clearly they underestimated how hard that would be
               | themselves, so I wouldn't be surprised if they'd do the
               | same for content moderation.
        
               | paisawalla wrote:
               | There's a substantial qualitative difference between what
               | gets through Youtube's and Facebook's filter, versus what
               | gets past Twitter. They're not even practicing the
               | current state of the art, as practiced by their peers.
        
               | LewisVerstappen wrote:
               | > Youtube and Facebook both have similar problems. There
               | is survivalship bias at play here, you do see the bots
               | that manage to get past the spam protection, but never
               | see the ones that don't. For all you know, Twitter could
               | be blocking 99% of the spam.
               | 
               | If you spend 5 seconds on YouTube and Facebook and
               | compare that to Twitter, you'll see a massive difference.
               | 
               | The spam bots on Twitter are _incredibly_
               | unsophisticated. It 's literally bots with the same
               | profile picture and name as the person they're trying to
               | spam.
               | 
               | On the other hand, YouTube spam bots are actually
               | incredibly sophisticated. They're using GPT-3 or some
               | language model to generate text and reply to each other.
               | Like, sometimes I'll read a comment and not be sure if it
               | was a spam bot or not.
               | 
               | Twitter is leagues behind w/ their spam filters.
        
               | ehsankia wrote:
               | Obviously YMMV but in 2021, every tech video I commented
               | on would get these replies, which all had 18+ profile
               | pictures. Clicking their profile every account had the
               | exact same "playlist" with a porn site ad inside, and the
               | channel header had the exact same website link. I kept
               | getting these for months.
        
               | itsoktocry wrote:
               | > _Also, you 're really understating how good Tesla self-
               | drive is_
               | 
               | How good is it?
        
               | jeofken wrote:
               | It's pretty good! Does the vast majority of my driving
               | for me, except for roundabouts, gravel roads, and
               | exceptionally snowy days (Scandinavia).
               | 
               | I do long road trips and feel less exhausted than I would
               | otherwise.
        
               | newaccount74 wrote:
               | Good enough often enough that people stop paying
               | attention (and die when the car hits an obstacle the AI
               | doesn't recognise)
        
               | yellow_lead wrote:
               | Keep in mind Tesla self-driving users have a literal
               | survivorship bias.
        
               | oneoff786 wrote:
               | Not really. Deaths are too low to matter on a statistical
               | level for "literal" survivor bias
        
               | andrepd wrote:
               | It's so good that Tesla sued people for posting videos
               | where it fails miserably. Really screams "confidence",
               | doesn't it?
        
               | diebeforei485 wrote:
               | Did this actually happen?
               | 
               | I know there was one instance when an engineer using an
               | internal build got fired for vlogging it (which is not at
               | all unusual, Apple would also fire you for showing off an
               | internal build).
        
           | zackees wrote:
           | I reported child pornography on twitter. It took a while for
           | it to be taken down.
           | 
           | Yet people talking about hunter biden's laptop in October
           | 2020 had their accounts deleted immediately.
           | 
           | Twitter is very good at content moderation when it threatens
           | the manufactured narrative of the global elite which they
           | serve. And then completely incompetent otherwise.
           | 
           | I don't buy the line that the problem is too complex because
           | I see selective competence.
        
           | Hypocritelefty wrote:
        
           | hwers wrote:
           | The spam scale problem should be solvable with a one-shot
           | locally evaluated NN trained to classify behavior/tweets from
           | their massive massive ground truth dataset. If it's evaluated
           | locally then I don't see how scale is an issue.
        
           | xwdv wrote:
           | AI Engineers at Tesla also deal with spam, just not in the
           | way you think. Self driving AI has to deal with input spam
           | from all sorts of details in the real world, most of which
           | are irrelevant to making driving decisions. So yes, I'd be
           | reasonably certain AI Engineers at Tesla could easily solve
           | spam on a simple web platform.
        
           | prvc wrote:
           | Some scammers who appear in Musk's replies impersonating him
           | use similar or identical avatars and screen names in order to
           | perpetrate their fraud. Removing and preventing the creation
           | of this type of account would not even require "AI". It
           | hasn't happened yet because Twitter lacks the will to do it,
           | for whatever reason.
        
             | chippiewill wrote:
             | > Removing and preventing the creation of this type of
             | account would not even require "AI".
             | 
             | It wouldn't require _Machine Learning_, the kind of
             | filtering approach you've just described would absolutely
             | constitute AI.
        
               | once_inc wrote:
               | Calculating the levenshtein distance from users, the
               | average difference between the avatars, and looking at
               | basic interactions in reply-to-reply-to-users isn't AI.
               | That's heuristic. And it should have been implemented
               | ages ago.
        
               | prvc wrote:
               | Call it what you will, but the point is it would be easy
               | for them to do.
        
           | murbard2 wrote:
           | Spam on most platform is a complicated engineering challenge.
           | However, for some inexplicable reason, Twitter features a
           | kind of spam that you don't see on any other platforms
           | because it could be caught with a regex.
           | 
           | It's almost never the case that spam issues on popular social
           | networks can be alleviated with some easy fixes, because
           | obviously if they could they would already have done that.
           | Twitter is a very weird exception.
        
         | captainmuon wrote:
         | > 5. The elites have somehow inverted history so they now
         | believe that it is not censorship that is the favored tool of
         | fascists and authoritarians, even though every fascist and
         | despot in history used censorship to maintain power, but
         | instead believe free speech, free discourse, and free thought
         | are the instruments of repression.
         | 
         | Not every speech is equal. If you are living in a Weimar-
         | Republic scenario, yes, free speech can be repressive and I can
         | see why people will call for censorship. Personally, I think
         | censorship and speech taboos just keep a lid on certain
         | problems instead of solving them.
        
           | Closi wrote:
           | > Not every speech is equal. If you are living in a Weimar-
           | Republic scenario, yes, free speech can be repressive and I
           | can see why people will call for censorship. Personally, I
           | think censorship and speech taboos just keep a lid on certain
           | problems instead of solving them
           | 
           | The problem with this is that it always ends up as
           | "censorship is ok, as long as it's for opinions I disagree
           | with".
           | 
           | And with your Weimar-republic scenario, if the implied claim
           | is that more censorship would have stopped either the
           | radicalisation or rise of Adolf Hitler, I think that's very
           | simplistic and highly suspect.
        
         | bratwurst3000 wrote:
         | The same ai engineer that devlops their self driving cars ????
         | :):):):)
        
         | supernes wrote:
         | I don't mean to sound rude, but Tesla engineers can't even
         | distinguish the moon from a stoplight. Human interaction and
         | defending against a naturally intelligent adversary are not so
         | simple.
        
           | chippiewill wrote:
           | It doesn't even matter if their perception models _were_ that
           | good, NLP is a seriously different problem.
        
         | SheinhardtWigCo wrote:
         | > bot and spam problem
         | 
         | Problem? KPIs are through the roof!
        
         | [deleted]
        
         | freebuju wrote:
         | 6. My favorite prediction. Twitter continues to ignore any of
         | Musk's offers. Musk sells his 9% stake. Price goes down.
         | Continues to go down since Twitter('s mgt) is full of shit.
         | Elon gets in an offer when price is languishing at low $30's.
         | Twitter has no choice but to take Elon's offer.
        
         | ransom1538 wrote:
         | "5. The elites have somehow inverted history so they now
         | believe that it is not censorship that is the favored tool of
         | fascists and authoritarians, even though every fascist and
         | despot in history used censorship to maintain power, but
         | instead believe free speech, free discourse, and free thought
         | are the instruments of repression."
         | 
         | Yes. Gaslighting crystalized. We are now to believe free speech
         | is bad. Authoritarians know auguring against logic is hard.
        
         | chx wrote:
         | > One AI engineer from Tesla could solve Twitter's bot and spam
         | problem.
         | 
         | Put down the Elon kool-aid , it has poisoned your mind.
        
         | tptacek wrote:
         | "One AI engineer from Tesla could solve Twitter's bot and spam
         | problem."
         | 
         | It's hard to take any of the rest of this seriously after that
         | "detail".
        
           | memish wrote:
           | Why? You don't have to agree with everything. That's fine.
           | It's a separate point from the others.
        
             | chippiewill wrote:
             | It's not just that they're wrong, it's that they're talking
             | nonsense. An ML engineer working on perception models can't
             | be trivially retasked to an NLP spam filtering problem.
             | 
             | If they're obviously talking out of their arse on one point
             | then it definitely suggests they're talking out of their
             | arse on the rest of it.
        
           | sillysaurusx wrote:
           | I think this is the first time I disagree with you. Bot
           | problem, perhaps not. Spam problem, definitely.
           | 
           | https://twitter.com/paulg/status/1487022342630957062?s=21&t=.
           | ..
           | 
           | https://twitter.com/paulg/status/1496549841912094733?s=21&t=.
           | ..
           | 
           | https://twitter.com/paulg/status/1485588476057825290?s=21&t=.
           | ..
           | 
           | and
           | 
           | https://twitter.com/id_aa_carmack/status/1473752736537657349.
           | ..
           | 
           | https://twitter.com/id_aa_carmack/status/1399028630190239746.
           | ..
           | 
           | I know how hard it is to deploy features at scale, especially
           | at a world-class company like Twitter. But if Twitter were to
           | retain me as a consultant, I'd happily bet you any sum of
           | your choosing that I'd make a pretty big dent in the crypto
           | spam within a few months of full-time effort.
        
             | memish wrote:
             | For those blindly downvoting that, here's what Paul Graham
             | said:
             | 
             | "Either (a) Twitter is terribly bad at detecting spam or
             | (b) there's something about Twitter that makes detecting
             | spam difficult or (c) they don't care.
             | 
             | Based on my experience detecting spam, I'd guess (c)."
             | 
             | "Twitter engineering: If you're going to do such a bad job
             | of catching spam, how about at least giving us a one-click
             | way to report a tweet as spam and block the account, like
             | email providers do? It may even help you get better at
             | filtering, since more reports = more signal."
        
               | sillysaurusx wrote:
               | They're likely downvoting my somewhat dubious claim of
               | being able to singlehandedly make a big dent in crypto
               | spam tweets.
               | 
               | I appreciate your gesture, but I don't mind the
               | downvotes. Bold claims warrant skepticism. And talking
               | about votes makes the conversation less interesting for
               | the audience.
               | 
               | But you're right to point out that the problem isn't
               | nearly as intractable as it seems. There are many ways to
               | deter crypto spammers.
               | 
               | Think of it this way: suppose Twitter's stock price was
               | inversely proportional to the amount of crypto spam
               | (without accidentally removing genuine tweets). Does
               | anyone believe the stock price would go down?
               | 
               | It's why I suspect Twitter simply hasn't made it a
               | priority.
        
               | recuter wrote:
               | Gotta get those engagement KPIs up somehow. This is the
               | simplest and most obvious explanation.
               | 
               | Also see reddit, with most small Reddits being spam/porn.
               | These are in many ways Potemkin websites. The emperor is
               | naked.
        
               | jjfoooo4 wrote:
               | An evidence free statement by Paul Graham - why should we
               | consider him an expert, other than his wealth?
        
               | andai wrote:
               | I remember reading several times that the enormous number
               | of bots on Twitter inflates their "active users" stats
               | and therefore their stock price, which is why they aren't
               | fighting it.
        
             | onion2k wrote:
             | _I'd happily bet you any sum of your choosing that I'd make
             | a pretty big dent in the crypto spam within a few months of
             | full-time effort._
             | 
             | Could you do that while _also_ making sure no false
             | positives happen? Elon is making claims that he wants to
             | make Twitter a platform where people are truly free to say
             | what they want, so any spam that gets removed _that isn 't
             | spam_ would be seen in a very poor light.
             | 
             | Eliminating spam when you're happy to have a few other
             | things end up in the spam folder by mistake is relatively
             | simple. Likewise, eliminating most of the spam but letting
             | some through because it looks real is also quite easy.
             | Eliminating _only_ spam and nothing else is significantly
             | harder.
        
             | caslon wrote:
             | The problem is false positives. Graham's experience of
             | combating spam involved writing a Bayesian filter for his
             | mailbox. That's fine. Somebody misses a message and one of
             | the two parties feels bad, but they eventually either catch
             | up or get over it. You can't "leave" that platform.
             | 
             | Twitter, on the other hand, is pretty sensitive to false
             | positives, and the vernacular is so unique that naive
             | Bayesian filtering would destroy a lot of communities with
             | their own vocabularies and languages. If messages start
             | arbitrarily dropping on it, its users won't stick around.
             | 
             | Sure, you could absolutely knock out spam. It wouldn't be
             | that hard. Because fighting spam isn't the hard part. It's
             | dodging the problem of firing on innocent people that the
             | spam is using as body shields that's the hard part.
             | 
             | They already get incredible volumes of criticism for what
             | little false positives they already have. Imagine if it was
             | normal to be put in a time-out box by a Bayesian filter
             | that wasn't tailored for your community!
             | 
             | Combating spam is something that has very few possible
             | upsides for twitter, and a catastrophic failure case. Right
             | now, spam mostly tends to effect larger accounts, who are
             | going to stay on the platform anyway, because it's where
             | the people are. What little spam small accounts see is
             | manageable, and they won't leave because of it because it's
             | so insignificant. If suddenly they couldn't send messages
             | to others at random and without warning? Why would they
             | stick around, then?
        
               | newswasboring wrote:
               | I do believe Twitter isn't doing well at fighting spam,
               | also that it's a pretty hard problem. But where do you
               | think people will go after leaving Twitter? Is there an
               | option?
        
               | caslon wrote:
               | Does it matter where they'll go? People will always find
               | some spot on the internet to have conversations after a
               | given platform hits the friction threshold, and some
               | might not even _go_ anywhere: They might just leave.
               | 
               | Where people will go doesn't really matter, because there
               | are a billion places they can, and there's not always a
               | clear migration path. Sometimes, a social platform just
               | dies, and its communities form a diaspora on different
               | platforms, without any "clear" successor (like what
               | happened to Orkut), or just stop doing the whole social
               | media thing (many Google+ contributors no longer post
               | online anywhere).
        
           | LMYahooTFY wrote:
           | How? That point is distinctively an engineering/technical
           | assessment whereas the others are very much not.
           | 
           | I doubt any of them can speak with much weight on AI. That
           | hardly means they can't make serious points about censorship,
           | or corporate finance.
        
             | chippiewill wrote:
             | The reason it's a ludicrous claim is that while there's
             | overlapping skill sets, the idea that you can take an AI/ML
             | engineer working on perception or prediction or planning
             | problems and trivially apply them to textual content
             | filtering is laughable. They could certainly pivot across,
             | but it would take them a good chunk of time to get up to
             | speed, you'd be better off hiring an engineer more familiar
             | with that particular space.
             | 
             | The fact that they specified it being an AI Tesla engineer
             | is super cringe Tesla-bro stuff and the fact that the
             | commenter would say something like that hurts their
             | credibility in making the other fairly extreme claims.
        
             | itsoktocry wrote:
             | > _I doubt any of them can speak with much weight on AI.
             | That hardly means they can 't make serious points about
             | censorship, or corporate finance._
             | 
             | Isn't this Gell-Mann Amnesia in full effect?
             | 
             | "Sure, they are speaking nonsense about AI, but I bet they
             | have great ideas about corporate finance!"
        
         | thereare5lights wrote:
         | > 4. One AI engineer from Tesla could solve Twitter's bot and
         | spam problem.
         | 
         | I don't know why people think is the problem.
         | 
         | They regularly ban bot and spam accounts. This is not an issue.
         | 
         | The issue is malicious/ignorant human actors and malicious
         | state level actors.
         | 
         | Tesla AI engineers can't even get past L3. There's no chance
         | they would be able to create an AI solution that can fight
         | state level resources or massive amounts of humans gossiping
         | and spread misinformation.
        
         | faeriechangling wrote:
         | >5. The elites have somehow inverted history so they now
         | believe that it is not censorship that is the favored tool of
         | fascists and authoritarians, even though every fascist and
         | despot in history used censorship to maintain power, but
         | instead believe free speech, free discourse, and free thought
         | are the instruments of repression.
         | 
         | Fascists and authoritarians took advantage of freedom of speech
         | to gain power, the censorship came after they seized power.
         | Hitler promoted himself through his right to speak at his
         | trials, and through his book Mein Kampf, things the Weimer
         | Republic could have absolutely chosen to censor. Karl Popper
         | made a rather infamous observation of the "Paradox of
         | tolerance" where tolerating the intolerant could result in more
         | intolerance, if the intolerant happened to be Hitler in Nazi
         | Germany.
         | 
         | I find the biggest objection to this entire line of thought is
         | that censors always consider themselves to be the ones
         | resisting the next Nazi Germany rather than being Nazi Germany
         | themselves. Anybody who openly censors others is more likely
         | than the general person in the population to be some sort of
         | totalitarian authoritarian, so trusting them with power so they
         | can stop some sort of Nazi uprising is foolish. It's the same
         | kind of issue as "Bombing for peace", pretty much 100% of the
         | people who have ever bombed people have said they were doing it
         | for the sake of peace.
         | 
         | This all being said, I don't think giving Musk 100% of twitter
         | and the effective absolute power to censor others on the
         | platform is a good idea.
        
         | opensrcken wrote:
         | > 4. One AI engineer from Tesla could solve Twitter's bot and
         | spam problem.
         | 
         | This a comment written by someone who is clearly not an
         | engineer dealing with high-scale backends, and is definitely
         | not an AI engineer.
        
           | hiyer wrote:
           | Or someone who's a Tesla/Musk fanboy/girl.
        
         | emodendroket wrote:
         | > The elites have somehow inverted history so they now believe
         | that it is not censorship that is the favored tool of fascists
         | and authoritarians, even though every fascist and despot in
         | history used censorship to maintain power, but instead believe
         | free speech, free discourse, and free thought are the
         | instruments of repression.
         | 
         | It feels a little silly to act like the guy trying to spend
         | billions of dollars to get his way represents anything more
         | than an intra-elite conflict.
        
           | LMYahooTFY wrote:
           | "his way" vs what? The way of a dozen other guys?
           | 
           | Pushing for less censorship isn't "his way" -
           | 
           | - I see you've edited to "intra-elite" conflict. So is
           | basically every problem in society then given that governance
           | is handled by few. Not sure what the point is here, just
           | feels like a hollow dismissal.
        
             | emodendroket wrote:
             | I didn't edit it. It always said that. And it is "his way"
             | because "less censorship" almost certainly doesn't actually
             | mean they just let people post whatever (and even if it
             | did, do "we" all agree that would be a good idea? Probably
             | not).
        
               | LMYahooTFY wrote:
               | My mistake, it's late for me.
               | 
               | I'm still confused about what "less censorship" could
               | mean, he seems pretty clear on it.
               | 
               | And what governance happens public or private that "we"
               | all agree on?
               | 
               | Right now "we" don't agree on how Twitter operates
               | currently. A couple dozen people do. I'm not
               | understanding your point here.
        
               | emodendroket wrote:
               | We've been hearing bad-faith censorship debates long
               | enough to know how this song and dance goes, haven't we?
               | "If I say something, no matter how vacuous and offensive,
               | that's free speech. But if you criticize it or otherwise
               | say something I disagree with, that's censorship."
               | 
               | Beyond that, the idea of a totally unfettered Twitter is
               | not really desirable. Such forums fill up with porn,
               | gore, racism, and various other forms of shock content
               | nobody actually wants on their feeds.
        
               | ibeckermayer wrote:
               | > "If I say something, no matter how vacuous and
               | offensive, that's free speech. But if you criticize it or
               | otherwise say something I disagree with, that's
               | censorship."
               | 
               | What an embarrassingly dishonest characterization of the
               | problem. Nobody sane is arguing that "criticism is
               | censorship".
               | 
               | The problem with Twitter is that they are censoring
               | popular narratives critical of the ruling elite. If you
               | can't distinguish between the concept of banning accounts
               | and posts vs not doing so, and allowing criticism, you
               | are simply too misinformed or low IQ to have any
               | worthwhile input.
               | 
               | (Though I defend to the death your right to babble
               | incoherently)
        
               | emodendroket wrote:
               | > What an embarrassingly dishonest characterization of
               | the problem. Nobody sane is arguing that "criticism is
               | censorship".
               | 
               | Is that so? Why do the same people who claim they're all
               | about free speech get all wound up about "cancel culture"
               | then? There are clearly rules in their head about who
               | should actually have the right to say whatever they want.
               | I quite confident that I am not "low-IQ."
        
               | psyc wrote:
               | I truly don't understand this business of thinking
               | everything shitty needs to be banned and denied as a
               | right. Like, I take a pretty dim view of hookup culture,
               | but I'm still going to denounce any attempt to make it
               | illegal or deprive people of the right to fuck N
               | different people per week. Because I'm more interested in
               | freedom than agitating to hammer the world's people into
               | a min/maxed social utilitarian dystopia. I'm trying to
               | understand when and how America started pining for its
               | own Soviet Union so hard. Or is this just a Liberal
               | Technologist thing? Just want the government to do the AI
               | Genie's job until the AI Genie wakes up? Like children
               | trying to birth their own parents.
               | 
               | Cancel culture is NEET busybodies making it their day job
               | to hunt for le problematique like bounty hunters (paid in
               | retweets) organizing mobs to campaign to ruin people's
               | lives (for great justice!) Yes, it's free speech! Yes,
               | it's free association! Yes, it has precedents, you savvy
               | insightful geniuses! Most things do, we call that
               | history, and it's full of terrible things we should
               | probably stop doing.
               | 
               | But this modern manifestation of a thing that has
               | precedents and conservatives do too sometimes also has
               | interesting features that are probably worth talking
               | about on their own terms. I repeat: Cancel culture is
               | NEET busybodies making it their day job to hunt for le
               | problematique like bounty hunters, organizing mobs to
               | campaign to ruin people's lives. It's legal, they have
               | every right, and it's shitty, shitty behavior. Please
               | stop denying it's a thing, or alternately trying to
               | whatabout it to death.
        
               | emodendroket wrote:
               | What's at work is the recognition that "free speech" is a
               | nice bumper sticker but doesn't go that far beyond that
               | -- there are many policies one could pursue and plausibly
               | call free speech. For instance, one could easily argue
               | that we don't have free speech because money buys access.
               | Somehow the right has been successful in claiming the
               | mantle of "free speech" to mean something specific
               | (basically that anyone can broadcast right-wing views
               | without consequence) but that's not the only way the term
               | could be conceived. There is also growing recognition
               | that some things are outright harmful. Social media has
               | already been implicated in pogroms; platitudes about the
               | power of free speech seem to ring a bit hollow in that
               | light.
               | 
               | On the cancel culture front, I don't agree. It actually
               | refers to an incredibly broad segment of actions which
               | almost nobody actually has much of a consistent line on.
               | Often simply criticizing or refusing to patronize
               | someone's business is called "canceling." Even if we
               | narrowly refer to people losing their jobs, nobody
               | actually believes there are NO circumstances whatsoever
               | where losing your job might be an appropriate response to
               | something you said. If you're a special ed teacher and
               | post on Facebook that people with intellectual
               | disabilities are less than human, one could reasonably
               | doubt that you have any business having charge of special
               | ed kids. If you want a more conservative flavored
               | example, you could probably find conservatives endorsing
               | cops losing their job if they bragged about not enforcing
               | immigration laws. Or if you want an extremely
               | uncontroversial example, you must at least believe it's
               | appropriate not to VOTE for someone because you didn't
               | like what they said. I don't think it's an accident. I
               | think this term is so slippery and amorphous precisely
               | because it obscures the hypocrisy at work.
        
               | ibeckermayer wrote:
               | "Cancel culture" is about people losing their jobs and
               | being censored from platforms like Twitter for making
               | arguments or jokes that rub the politically powerful the
               | wrong way. Again, it's the active removal of the
               | practical ability of expression that rational adults are
               | concerned with, not the fact that others have contrary
               | opinions to them. Again, you are exposing your ignorance.
        
               | emodendroket wrote:
               | This is something you could only claim to believe if you
               | paid no attention to the way people actually use the
               | term.
        
               | gameman144 wrote:
               | I've seen no advocates of saying that individuals
               | shouldn't be able to curate _their own_ feeds, only that
               | social media platforms shouldn 't be restricting those
               | feeds _for_ them.
               | 
               | For instance, if you decide that you want a Twitter feed
               | that excludes porn, gore, racism, and other objectionable
               | content, then you _absolutely_ should be able to exclude
               | those (I 'd reckon that that'd be a very sensible
               | default). If _I_ want to go observe the crazy bigoted
               | things that fringe groups are spewing, or if I want to
               | use Twitter just as an endless feed of porn, then that
               | doesn 't affect your ability to _not_ see those things.
               | 
               | Likewise, I've not heard Musk propose banning _any_ of
               | his critics or opposing viewpoints (though I don 't
               | really follow his actions, so it's possible I've just
               | missed them).
        
               | andrepd wrote:
               | He has pursued aggressive union-busting, sued
               | whistleblowers, sued people for posting videos that made
               | telsa's """autopilot""" look bad. It's clear he doesn't
               | give two shits about free speech, except when it costs
               | him nothing to do so and therefore amounts to free
               | virtue-signalling.
        
           | ajsnigrutin wrote:
           | So what? .... if we, normal people get more free speech, and
           | a few billionares swap some money around, it's still better
           | then them just swapping money and we not getting any free
           | speech.
        
             | emodendroket wrote:
             | Well that's the thing. I don't think we normal people are
             | going to get more of a voice.
        
               | ajsnigrutin wrote:
               | So, then it doesn't matter... Rich people do what rich
               | people do, with musk+twitter combo, there's atleast a
               | chance you'll get more of a voice, with some other combo
               | (eg. disney buying twitter), you already know there's
               | zero chance for that.
        
               | emodendroket wrote:
               | I would not be surprised if the Musk regime is worse.
               | Actually that's what I anticipate.
        
             | andrepd wrote:
             | What makes you think you will get any more free speech by
             | the grace of Musk's intervention? He has repeatedly shown
             | he is pro-free speech that he likes and anti-free speech he
             | doesn't like.
        
               | ajsnigrutin wrote:
               | If disney bought twitter, I knew I wouldn't get any...
               | with Musk, I can atleast hope.
               | 
               | Either way, with billions involved, i have no say in
               | whatever happens (because I don't have billions), but
               | musk gives me higher hope than disney.
               | 
               | Basically, I have nothing to lose, only to gain.
        
           | memish wrote:
           | That's like saying SpaceX isn't about going to Mars and Tesla
           | isn't about reducing carbon emissions.
           | 
           | At this point we can say these are mission focused moves.
           | This is about free speech in the public square.
        
             | emodendroket wrote:
             | Well if you want to identify with this particular elite
             | faction rather than the other one that's your business.
        
             | 4ggr0 wrote:
             | You think Tesla is about reducing carbon emissions?
        
         | atoav wrote:
         | > The elites have somehow inverted history so they now believe
         | that it is not censorship that is the favored tool of fascists
         | and authoritarians, even though every fascist and despot in
         | history used censorship to maintain power, but instead believe
         | free speech, free discourse, and free thought are the
         | instruments of repression.
         | 
         | At which point in history could any person blurt out a
         | brainfart and have thousands of people around the globe hear it
         | and react instantly again?
         | 
         | When the printing press was invented ther _was_ a backlash
         | against it, because free speech was endangering existing power
         | structures.
         | 
         | Nowadays we have it the other way around, powerful players use
         | the accelerated chaos of social media to avoid any real
         | discourse from forming -- it is just very easy to manipulate
         | just enough into your direction to hide behind "differing
         | opinions" if you have a ton of resources -- just like boulevard
         | media has been for the past decades. Censorship and media
         | control is one strategy to reduce the chaos by decelerating the
         | spread of the most outrageous unfounded claims. Of course there
         | can be such a thing as too much censorship (e.g. look to China
         | and Russia), but this would be state censorship.
         | 
         | A _billionaire_ does not want to buy a social media plattform
         | because he cares about free speech -- if that was the case he
         | would have nothing about his workers discussing unions, post
         | youtube videos he does not like or journalist writing negative
         | things about him and still being able to buy a Tesla car.
         | 
         | I am not sure there is much wisdom in assuming we can have a
         | world wide instant public microblogging platform without _any_
         | moderation at all. Anyone who ever operated any public web
         | platform knows the quality of the discourse falls drasticly if
         | there is not at least _some_ level of content moderation.
         | 
         | > One AI engineer from Tesla could solve Twitter's bot and spam
         | problem.
         | 
         | You are heavily overexpecting what the technology can do.
         | Differenciating satire from a threat with sufficient accuracy
         | is not something machine learning ("AI") could do right now.
        
           | upsidesinclude wrote:
        
             | atoav wrote:
             | > That's a false dichotomy and the exact argument one would
             | expect from a proponent of censorship. That puts you in the
             | wrong camp, the fascist authoritarian camp, sadly.
             | 
             | Sadly you don't really elaborate on how my comment reveals
             | the authotarian position you do falsly assume I hold.
             | 
             | There is a position _between_ no censorship and full
             | authotarian style censorship and it is a common rethoric
             | vehicle to first talk about the extremes to show that the
             | reasonable area is somewhere inbetween (and then we can
             | talk about trade offs and priorities).
             | 
             | My main point as someone who studied media science is that
             | we cannot treat modern social media with the exact same
             | rules we treated other speech with, because ultimatly it is
             | a different _place_ to speak in. The social distance is
             | lower than anything we ever had in history, the audience
             | bigger than ever in history, it feels private but you are
             | in the spotlight at the same time (and people tend to act
             | like this). It is a place where a rural person
             | communicating a rural opinion will be directly next to a
             | city person communicating a city opinion. Before social
             | media you had natural borders of which people could
             | actually hear (and /or react to) each other. So it is
             | fundamentally different place than anything we _ever_ had
             | before it.
             | 
             | And different places have different rules. Someone who
             | speaks loudly in a library will be thrown out (because the
             | place has a certain function and them speaking loudly
             | interferes with that function). Someone who repeatedly and
             | loudly farts in a restaurant might be thrown out. Someone
             | who listens to music in church might be thrown out. A bare-
             | breasted women in a mall might get thrown out etc.
             | Different places, different rules.
             | 
             | The question now is: what kind of _place_ is something like
             | twitter? What behaviour shall be accepted or restrict there
             | and with what goals?
             | 
             | If our goal is the equivalent of a verbal bar brawl where
             | people can let out their innermost emotions we might end up
             | with different rules than if our goal is rational and fact-
             | oriented discourse with the goal of moving discourse
             | forward (these places have typically stricter rules of
             | which speech is acceptable, as can be seen for example here
             | on HN).
             | 
             | With twitter a lot of the emerging behavior that can be
             | observed is a direct result of or a direct reacrion to the
             | systemic structure of the place. If this shall be seriously
             | changed you have to either establish a new culture how one
             | has to behave in such a place (hard) or you change the
             | systemic variables itself (easier).
             | 
             | But one point I want to stress is: by allowing most speech
             | one might involuntarily prevent other, more nuanced speech
             | from ever emerging.
        
             | 9935c101ab17a66 wrote:
             | Many, many people are absolutely arguing that zero
             | moderation is appropriate.
             | 
             | Anyway, you also acknowledge that _some_ moderation is both
             | appropriate and necessary. So, now we know your opinion of
             | _a private company's_ moderation is different from the
             | parent commenters, but you both believe moderation is
             | necessary -- and then you call them an authoritarian
             | fascist.
             | 
             | Your comment is incredibly inappropriate.
        
           | fblQ wrote:
           | > At which point in history could any person blurt out a
           | brainfart and have thousands of people around the globe hear
           | it and react instantly again?
           | 
           | Usenet, for several decades already. Good NNTP servers had
           | nearly perfect spam filtering and the trolls were handled
           | individually by each user in killfiles.
           | 
           | If Google had kept the simple original web interface from
           | around 2004 we might not have had all these issues. GPT-3
           | spam is hard to detect, but can be handled by killfiles.
           | 
           | Of course the real goal of Twitter is to do user profiles and
           | possibly log private messages, for which Usenet isn't
           | suitable. I wonder who on earth would send a sensitive
           | "private" message on Twitter.
        
             | atoav wrote:
             | Usenet was much, _much_ smaller and quite certainly not a
             | statistical representation of society (people who could
             | afford, access and understand the thing).
             | 
             | Most modern problems with social media started emerging
             | when _the general public_ started using it.
             | 
             | Specialist communities like IRC channels, Hacker News,
             | certain subreddits or webforums still work quite well,
             | because let's face it: It is not the general public there.
        
               | Vespasian wrote:
               | Very true.
               | 
               | And even in specialist communities there is a certain
               | degree of moderation needed in order to keep it in order.
               | 
               | In the offline worlds individuals for which (reasonable)
               | moderation is needed are kept in check by society (either
               | through social pressure or physical force).
               | 
               | Very seldom they are the beginning of societal changes
               | but usually they are just unpleasant (e.g. "I hope you
               | and your loved ones get murdered because...") people
               | which most others avoid if they can.
               | 
               | I'm very sure I would leave any platform where their kind
               | is allowed to run wild and so would many of my family and
               | friends.
               | 
               | Facebook is a very good example: Most people are boring
               | and nice enough. Those who are not (ranging from annoying
               | to vile) spoil the fun for everybody else.
               | 
               | People leave (in part) because they don't want constant
               | conflict and not every opinion is worth to be heard.
        
         | client4 wrote:
         | I think the salient point is the impotence of the SEC.
        
         | dm319 wrote:
         | People keep bringing up your point 5 here. Almost every other
         | comment seems to parrot this idea that there is some paragon of
         | free speech that Twitter doesn't achieve.
         | 
         | Setting all the discussion of what free speech should be,
         | aside, I don't see people making the point that Twitter's huge
         | success as a social media platform may actually relate to their
         | moderation policies. Twitter was found to be more resistant to
         | fake news than other social media sites. I don't know whether
         | this relates to the public nature of tweets or their
         | moderation.
         | 
         | Twitter's moderation policy may exactly be the reason the
         | platform has done so well, and rather than clamouring for
         | Twitter to change, I'd suggest that we allow the free market to
         | allow another platform with different a moderation approach to
         | compete.
        
         | browserman wrote:
         | Tesla's AI engineers can't even solve their own problems, why
         | do you think they could solve Twitter's?
        
           | memish wrote:
           | They have solved much harder problems than spam bots.
        
             | nevir wrote:
             | Solved is a strong word here. They've certainly made a lot
             | of progress
        
             | derefr wrote:
             | "Spam bots" on their own aren't a hard problem. The hard
             | problem is a very restrictive set of constraints on the
             | solution space, e.g. "can't inconvenience or increase
             | barriers to posting for legitimate users in any way."
        
             | glogla wrote:
             | Did they stop killing people by crashing into stationary
             | barriers yet?
        
             | ehsankia wrote:
             | You mean self driving, which they promised would be ready
             | over 5 years ago and still barely at L3 level? Meanwhile
             | Google engineers have actual L4 level self-driving in both
             | Phoenix and San Francisco (by your logic, they are better
             | than Tesla engineers), yet have not managed to solve
             | Youtube's spam problem.
        
               | [deleted]
        
               | pennaMan wrote:
               | >Meanwhile Google engineers have actual L4 level self-
               | driving
               | 
               | They don't have L4 self-driving they just made a
               | contrived railway system for their cars. The second the
               | car is out of the hardcoded route it's not a self driving
               | car anymore.
        
               | ehsankia wrote:
               | First off, it's a hard coded area, not "route". They're
               | not buses. A limited area is part of the definition of
               | Level 4. What you're thinking of is Level 5, which is
               | being able to handle any area and situation.
               | 
               | There are also reasons beyond capability for the cars
               | being limited to an area. One is legislative, they
               | literally are not allowed to offer service outside a
               | given area. Another is maintenance, the cars need to be
               | within range for their team in case of emergencies or
               | accident. The cars have been tested in many cities
               | outside those two cities, but offering a user-facing
               | service has a lot more barriers.
        
               | itsoktocry wrote:
               | > _The second the car is out of the hardcoded route it 's
               | not a self driving car anymore._
               | 
               | So what you're saying is that at least the car is self-
               | driving sometimes, whereas the Teslas never are. That's
               | your pro-Tesla argument?
               | 
               | You can get in and drive around in a Waymo taxi with no
               | driver and yet Tesla fans are still claiming it's not
               | self-driving, while Tesla is. Hilarious.
        
             | idiotsecant wrote:
             | This is the last place I would expect to see naive hero
             | worship of Tesla's autopilot software, of all things.
        
               | rezonant wrote:
               | I think they all came out of the woodwork after the last
               | article.
        
               | [deleted]
        
         | j4yav wrote:
         | All in Podcast can be fun but it's way more on the side of
         | entertainment than information/insight. There is a lot of self-
         | serving narratives on that show, and I think they'd be the
         | first to admit it. One of them was saying a few weeks ago that
         | the root cause of the Russian invasion of Ukraine was Twitter,
         | so you know.. grain of salt and all that.
        
           | FFRefresh wrote:
           | Any direct quotes/sources to substantiate that a "Twitter as
           | root cause of Russia's invasion of Ukraine" claim was
           | honestly made?
        
         | aaronbrethorst wrote:
         | Oh, is that a white nationalist? No, it's a stoplight! Very
         | well, carry on.
        
       | poop666 wrote:
        
       | nullc wrote:
       | A poison pill adopted up front before there were any third
       | parties that could claim to be prejudiced by it or adopted with a
       | shareholder vote is one thing ... this seems to be begging for a
       | successful lawsuit, and I can think of one 10% level investor who
       | would be likely to file one.
        
       | poop666 wrote:
        
       | vimy wrote:
       | > Elon Musk is speaking to investors who could partner with him
       | on a bid for Twitter, sources close to the matter told The Post.
       | A new plan that includes partners could be announced within days,
       | those sources said. ... But that pill may not stop other entities
       | or people from acquiring their own shares of up to 15% of the
       | company. Those owners could partner with Musk to force a sale,
       | make changes in the executive ranks or push for other overhauls
       | of the company.
       | 
       | https://nypost.com/2022/04/15/elon-musk-considers-bringing-i...
        
       | randyrand wrote:
       | How are poison pills legal? If the board can make arbitrary rules
       | can't they just zero out Musks or anyone else's shares right now?
       | 
       | Or say "Anyone with the last name of Musk now owns type D share
       | with 1/100th ownership value".
       | 
       | Poison pills seems pretty close to doing just that.
        
         | randyrand wrote:
         | From ArsTechnica:
         | 
         | "Even before Friday, Twitter had bylaws that "could have the
         | effect of rendering more difficult, delaying, or preventing an
         | acquisition deemed undesirable by our board of directors," the
         | company said in a February 2022 SEC filing. That includes "a
         | classified board of directors whose members serve staggered
         | three-year terms," and the ability to "authoriz[e] 'blank
         | check' preferred stock, which could be issued by our board of
         | directors without stockholder approval and may contain voting,
         | liquidation, dividend and other rights superior to our common
         | stock."
         | 
         | Sounds like the board can do pretty much anything they want
         | with Twitter's stock. I find it incredible that a regulated
         | public company can issue abitrary shares with any terms they
         | want.
         | 
         | They made these rules before Friday. but it also sounds like
         | they could have made them today if they wanted to.
        
           | __turbobrew__ wrote:
           | That is insane. Was never a holder of $TWTR and never will be
           | given these insane bylaws which allow the board to issue
           | preferred stock without any accountability.
        
           | Ekaros wrote:
           | As potential regular shareholder any of that type provisions
           | just sounds extremely scary and overreaching...
        
           | cryptonector wrote:
           | Then there's the question of whether such bylaws should be
           | legal.
        
       | mym1990 wrote:
       | Not well versed in any of this, but could this be Musk just
       | toying around with Twitter and/or him bluffing to get a reaction?
       | Does he have any legal obligation to go through with the purchase
       | if Twitter was open to it?
        
         | friesfreeze wrote:
         | (1) yes, though would be an expensive troll and (2) no - offer
         | was non-binding and very conditional (due diligence, financing,
         | etc.)
        
           | mym1990 wrote:
           | Thank you! Why would it be an expensive troll if no money is
           | changing hands?
        
             | friesfreeze wrote:
             | Well (1) you can be sure Musk is paying lawyers $$$ to make
             | sure he doesn't deeply fuck up on any securities rules
             | given his contentious relationship with the SEC [though
             | fairly that might be de minimus to him] (2) there is an
             | opportunity cost to putting money so much money in twitter
             | just for laughs [he could be doing other things] and (3)
             | there is risk that the twitter stock could fall out from
             | under him. (3) is really only a cost relative to having the
             | money in a diversified portfolio - but it is a real cost
             | nonetheless.
        
             | loeg wrote:
             | He has put like $4 billion into Twitter stock, which is
             | volatile.
        
       | toephu2 wrote:
       | Wow, my prediction is Musk will walk away, Twitter stock price
       | will tank, and Twitter will be flooded with thousands of
       | shareholder lawsuits (for breaching their fiduciary duty).
        
         | [deleted]
        
         | Waterluvian wrote:
         | Why will the price tank? None of this changes the value of
         | Twitter if he walks away.
        
           | collinvandyck76 wrote:
           | Musk has basically hinted that he might sell his 9% stake if
           | the deal doesn't go through. a selloff of that volume would
           | definitely change the value of Twitter.
        
             | aczerepinski wrote:
             | No, only the price.
        
           | esperent wrote:
           | Stock prices are largely based on the emotional responses of
           | humans, at least in the short term.
        
           | daenz wrote:
           | $TWTR has been trending down over the last year. When he
           | bought, the price went up 27%, signaling that people thought
           | his involvement would be positive for the company. If he says
           | "twitter is hopeless" and pulls out, the sentiment will be
           | that nothing can save twitter.
        
             | sudosysgen wrote:
             | No, it's not. It's people that want to buy, so they can
             | sell it at a premium to Musk later. It's pure speculation.
        
             | GCU-Empiricist wrote:
             | I keep seeing this sentiment, and it seems like wishful
             | thinking.. The paper is out there on how to defeat the
             | poison pill: trigger the pill, let the stock tank, offer at
             | a lower price per share but at the same market value plus
             | what was put into the company to acquire the new stock by
             | the diluters. Full market price is full market price. Look
             | at Musk's investment in automation at Tesla he knows how to
             | play the long game. ttps://scholarship.law.nd.edu/cgi/viewc
             | ontent.cgi?article=1102&context=law_faculty_scholarship
        
             | Waterluvian wrote:
             | Yup that tracks. Thanks!
        
               | Tostino wrote:
               | Which is just fucking rank market manipulation
        
               | trixie_ wrote:
               | If he honestly wants to buy it which given the hoops he's
               | jumping through seems to be the case then it's not
               | 'manipulation' at all. Every move Elon makes is going to
               | change the price. I think we all know he's not 'in it for
               | the money' so it'd be pretty hard to make the case for
               | manipulation. He really wants it. And if everyone else
               | thinks Twitter would be better off with Elon as owner the
               | stock goes up. And if he gives up trying, the stock goes
               | down. That's not manipulation, that's sentiment.
        
             | stupandaus wrote:
             | this is incorrect. the price going up is a reflection of
             | the market's believe about the % likelihood of a deal.
             | 
             | for example at market close of $45.08, the market is
             | betting there is a $45.08/$54.20 = 83% chance that this
             | transaction goes through.
             | 
             | there are certainly individual stockholders who are buying
             | because they like his involvement, but that is tiny
             | compared to people buying and selling a very near-term bet
        
               | BurningFrog wrote:
               | > _at market close of $45.08, the market is betting there
               | is a $45.08 /$54.20 = 83% chance that this transaction
               | goes through._
               | 
               | This assumes the price without the transactions goes to
               | $0.00!
        
               | stupandaus wrote:
               | yes, there are many factors that can influence a
               | valuation. and in different price ranges, different
               | factors will have different weights. since the price is
               | not $0 today and is relatively close to the potential
               | transaction price, the % likelihood of a transaction has
               | much more influence.
        
               | ironSkillet wrote:
               | I think the comment is more about the fact that your
               | calculation of 83% doesn't make sense. However, I agree
               | with you that likelihood of the deal going through is
               | definitely impacting the short term valuation.
        
               | bscphil wrote:
               | Correct, and furthermore, Musk's offer was made after he
               | announced his stake in the company, which is what caused
               | the price of the stock to rise. Him offering to buy it
               | outright barely affected the share price:
               | 
               | > The social media company's shares were little changed
               | at $45.81 in New York on Thursday, a sign there's
               | skepticism that one of the platform's most outspoken
               | users will succeed in his takeover attempt. -- Bloomberg
               | 
               | So while the news of a major stakeholder with the power
               | to join the board and affect how things are run did cause
               | a significant blip in Twitter's stock price, the attempt
               | to buy it outright doesn't seem to have affected things
               | much. Even if we (incorrectly) assumed that all of the
               | rise from ~$40 to ~$45 is associated with the possibility
               | of Musk paying $54 a share, that suggests the market
               | assigns only a ~36% chance of the deal going through.
        
           | chernevik wrote:
           | 1. The possibility that Musk would bid for the company,
           | nonzero before all of this, goes to zero.
           | 
           | 2. The market observes a very capable businessman, after
           | discussion with management, deems it incompetent and value-
           | destructive.
           | 
           | 3. Said businessman, with a track record of remarkable
           | success in a variety of ventures and demonstrated skill with
           | social media, may launch a competitor service.
           | 
           | All three of these are bad signals for Twitter's future cash
           | flows.
        
           | maxlybbert wrote:
           | I also believe that Musk will walk away and the stock will
           | tank.
           | 
           | Musk's recent stock purchase and discussion about joining the
           | board made the price jump significantly. You're right that
           | there's no obvious reason that his involvement should change
           | Twitter's value, but the market appears to think otherwise.
           | If he walks away, at a minimum, I would expect that the stock
           | price will drop to what it was before he started playing
           | around.
           | 
           | But if he walks away, I believe he'll also do something to
           | make the stock drop more. For instance, he'll stop Tweeting,
           | which should have a measurable impact on the number of people
           | actually using Twitter regularly.
        
             | lazyjones wrote:
             | They might sell 100% to someone else before that happens,
             | like Microsoft or the Saudis.
        
             | Waterluvian wrote:
             | Thanks. That makes sense and I see it now.
        
             | stephen_g wrote:
             | I've muted him, and I'm sure many other people have.
             | Honestly if he leaves and that makes some of his fans leave
             | too, I don't see how that would do that much except for
             | slightly raise the quality of conversations across the
             | board!
        
             | gnicholas wrote:
             | > _For instance, he'll stop Tweeting, which should have a
             | measurable impact on the number of people actually using
             | Twitter regularly._
             | 
             | There are that many people whose engagement depends
             | entirely upon whether Elon Musk is actively tweeting? I
             | don't use Twitter much, but that seems pretty amazing if
             | true.
        
               | burnished wrote:
               | You might be imagining the wrong model, its not the
               | people that'll leave if Elon Musk does, but the entire
               | cesspool around repackaging hot takes and reactions to
               | his actions and tweets goes away too. I have a feeling
               | its a lot of content that would dry up.
        
           | oceanplexian wrote:
           | It will lower the value to institutional investors that they
           | pulled the "poison pill" move, because it means that
           | management is entrenched and they can't remove the board if
           | they needed to. Elon isn't the only one who is barred from
           | buying a controlling stake in the company.
        
           | alfor wrote:
           | He will sell his 9%
           | 
           | He will start something to compete against Twitter.
           | 
           | Twitter will be stuck with their current management and
           | cultural problems.
        
             | tehwebguy wrote:
             | Nobody will switch from Twitter to some knock off he or
             | anyone else makes.
             | 
             | (By "nobody" I mean both nearly 0% of users and only people
             | who will not be missed on Twitter)
        
               | OrvalWintermute wrote:
               | There is definitely a network effect around scale and
               | populations of users.
               | 
               | Gettr seems to be making positive inroads on the
               | conservative/libertarian population, particularly those
               | for whom twitter is not an option due to previous
               | banning/shadow-banning, and de-boosting.
               | 
               | As I expect there to be consolidation between truth
               | social, gettr, parler, and others, think this will only
               | get stronger.
               | 
               | Part of this is also that younger populations are
               | preferring tiktok to Twitter imo.
        
               | wyclif wrote:
               | Loads of people said that about Twitter in 2006 when it
               | was a "knock off." It's been proven wrong again and
               | again. And Musk is the kind of guy who can create
               | significantly large network effects and economies of
               | scale.
        
               | tehwebguy wrote:
               | Twitter has never been a knockoff experience, it was as
               | different from the social media that succeeded before it
               | as TikTok is from YouTube.
               | 
               | Meanwhile any number of near-exact replicas of it exist
               | with a different flavor: freer speech, paid service,
               | decentralized, specifically for particular political
               | affiliations to name a few. None of them have made a
               | dent.
        
               | wyclif wrote:
               | But that just proves my point: they didn't make a dent
               | because none of them had the network effects and
               | economies of scale that a proposed alternative created by
               | Musk would have.
        
               | tehwebguy wrote:
               | Many founders & VCs have believed this, notable
               | spectacular failures include Vessel & Quibi.
               | 
               | I don't claim to know exactly what it takes to
               | successfully achieve this but one or even several content
               | / creator verticals won't cut it IMO.
        
               | tag2103 wrote:
               | I hate to disagree with you but when was the last time
               | you checked your MySpace page?
        
               | rcpt wrote:
               | Voat or diaspora are better comparisons
        
               | Uehreka wrote:
               | Facebook (the thing I think people will agree destroyed
               | MySpace) was not started by someone fed up with MySpace
               | saying "I'm going to make the same thing, but I'll
               | moderate it differently!" It was started before MySpace
               | had reached peak popularity, by an entrepreneur with a
               | totally different product vision and way of looking at
               | the world. Elon's hypothetical Twitter-clone would
               | probably be more like Gab, Parler or the Trump thing:
               | Twitter, but with less moderation and some sort of weird
               | gimmick, like "starting midnight Tuesday, I'm giving a
               | free Model 3 to the first 1000 people who sign up!" or
               | "I'm hosting a quarter of the load on servers on StarLink
               | satellites!"
               | 
               | Twitter won't be destroyed by someone making a slightly
               | different Twitter clone, it'll be destroyed by something
               | that re-imagines entirely in a way that also supplants
               | it, and it'll probably come from someone we don't know
               | yet.
        
               | saalweachter wrote:
               | Just to pile on here, Facebook was founded _six months_
               | after MySpace.
               | 
               | Pop culture places MySpace somewhere contemporary with
               | the rotary phone, but there were undoubtedly people who
               | heard of and used The Facebook first.
        
             | trixie_ wrote:
             | Or just team up with the other big owners who think the
             | value would go up with him at the helm and...
        
           | TobyTheDog123 wrote:
           | A lot of people in this thread share your opinion, but I'm a
           | bit confused by it.
           | 
           | If the board acted against the usual shareholder interest (to
           | make money) by turning down an offer 54% above premium, would
           | it not be easy to claim that the board is not in it to make
           | the average investor money on $TWTR?
           | 
           | Therefore, wouldn't the value of $TWTR as an investment be
           | far far less than companies who do make it their primary
           | goal?
           | 
           | That's not to even mention the 9% of Elon's stock that he
           | claimed he would now sell.
        
             | stephen_g wrote:
             | Twitter's board doesn't have any obligation to maximise
             | short-term profits for investors (or maximise profits
             | generally) - there has always been a misconception that
             | companies/directors had to by law but the actual laws are
             | much more general.
             | 
             | But at the end of the day, if the board thinks that Twitter
             | may be worth more long term than what Musk is proposing to
             | buy it for, then it's perfectly reasonable to argue that
             | it's in the shareholder's interests not to sell it.
        
             | Uehreka wrote:
             | Yeah but that analysis downplays the shareholders' thoughts
             | about the future. If they largely feel like Twitter's real
             | value is $100B, that it just hasn't been realized yet, and
             | that they think it can be realized, then it totally makes
             | sense to turn Elon down.
             | 
             | In reality though, the shareholders are a giant mob of
             | people with wildly varying views about Twitter's place in
             | society, its true value as an asset, its ability to achieve
             | its true value, and just generally what the best way to
             | "make the most money for the shareholders" is. So I don't
             | think it's an open-and-shut case that the board betrayed
             | the shareholders. It's probably a muddy case that'll play
             | out in court over months or years.
        
               | chernevik wrote:
               | It is the _directors_ making decisions here, not the
               | shareholders. Those directors were chosen by management,
               | and -- newsflash! -- they are beholden to management.
               | They must jump through some legal hoops to discharge
               | their fiduciary duties and protect themselves from
               | lawsuits, but at the end of the day they'll do what
               | management wants.
               | 
               | Does management want to maximize the value of Twitter?
               | Er, no. Management wants to maximize some combination of
               | their compensation, their agency controlling a company,
               | and their social capital controlling a social media
               | platform. Maximization of shareholders' value is a legal
               | objective to which management must pay legal lip service,
               | but it is not in any way shape or form the interest of
               | management, save insofar as management compensation is
               | related to share price.
               | 
               | If management cared about shareholder value, it would not
               | have induced the board to enact this poison bill
               | nonsense.
        
               | lazide wrote:
               | Generally the board of directors is voted on by
               | shareholders and supervises management. Is Twitter
               | structured differently somehow?
        
               | mr_toad wrote:
               | > It is the _directors_ making decisions here, not the
               | shareholders. Those directors were chosen by management,
               | and -- newsflash! -- they are beholden to management.
               | 
               | Shareholders can appoint, remove or replace directors, or
               | even the entire board.
        
         | noelsusman wrote:
         | Companies are not required to sell to any random billionaire
         | who comes by and offers a premium over the current share price.
         | There will be lawsuits, and they will fail.
        
         | ergocoder wrote:
         | It is naive to think that shareholder lawsuits will win.
         | 
         | Have you looked at some crazy behaviours from Musk?
         | 
         | Like how he teased SEC. How he tried to falsely accuse British
         | diver as a child rapist.
         | 
         | Not to mention, the price isn't that good. There were people
         | who bought at 70 a few months ago.
         | 
         | Offering at 44 is kinda meh.
         | 
         | If musk offered 1000 per share, then the lawsuit may have had
         | some weight.
        
           | extheat wrote:
           | > falsely accuse British diver as a child rapist
           | 
           | Let's be specific, "pedo guy". And that was an insult in
           | response to an equally profane insult from the other guy. Two
           | wrongs don't make a right, but he apologized and people who
           | have said equally bad or worse things also occupy high
           | places...
        
             | ergocoder wrote:
             | This is not insult. It is malicious intent.
             | 
             | Weeks later someone talked to musk about it, and he replied
             | "Bet ya signed dollar it's true".
             | 
             | Elon also hired private investigator to dig dirt on the
             | diver but found nothing.
             | 
             | https://techcrunch.com/2018/07/15/elon-musk-tweets-hell-
             | bet-...
             | 
             | Musk also emailed BuzzFeed reporter suggesting that the
             | diver was a child rapist. Source:
             | https://www.buzzfeednews.com/article/ryanmac/elon-musk-
             | cant-...
             | 
             | Some of my friends even said that musk was this confident,
             | maybe musk knew something we didn't.
             | 
             | His excuse in court saying that "pedo guy" is just a common
             | insult in Africa. Nobody in Africa uses this term.
             | 
             | The BuzzFeed email wasn't included in court because it
             | wasn't public communication. Okay, dude, great justice
             | system.
             | 
             | Please stop simping for musk. This person tried to destroy
             | innocent lives with false pedophile accusation.
        
               | extheat wrote:
               | I think you again have missed the point that it was not
               | an unprovoked comment. It was in response to another
               | insult. I don't know how betting money on an insult makes
               | it not an insult. It's one thing to attack someone
               | because they dislike you or it's not provoked at all.
               | It's another to respond to an ad hominem with another.
               | Nobody is disputing he went far overboard than he needed
               | to, and that his position gives him dangerous influence
               | (as with many celebrities). In the end he deleted the
               | tweets and apologized. Unless you have reason to believe
               | that it's insincere, I'm not holding weight on a war of
               | words.
               | 
               | What it emphasises is the need for self-moderation
               | especially when your state of mind is in fight mode. The
               | mistake here is Elon's stream of consciousness doesn't
               | stay off of twitter for his own determent. That is not an
               | inherently malicious thing. People get into arguments all
               | the time and say stupid regrettable things in the moment.
               | Playing out on the internet--especially with a big power
               | dynamic at play no doubt is bad. But let's not forget
               | we're not robots here--hence we're not sending people to
               | jail after arguments.
        
               | ergocoder wrote:
               | "bet dollar" happened weeks later. This is not "in the
               | moment" stuff.
               | 
               | He sent email to BuzzFeed report trying to get them to
               | write about the child rapist.
               | 
               | He hired PI to dig dirt on the diver.
               | 
               | This is not a response to an insult.
               | 
               | Musk intended to destroy the diver's life with a false
               | child rapist accusation.
               | 
               | Nah, he didn't apologize. He said in court that insisting
               | somebody is a pedo is a common playground insult in
               | Africa.
        
               | extheat wrote:
               | Yes Elon is known for manic states, it's not a new
               | detail. The legal discovery process is basically also
               | "digging up dirt", and both sides do it before a trial to
               | bolster their cases. That doesn't imply malice (as in,
               | wanting to harm someone aside from mocking them), which
               | is also something for a jury to determine. And a jury
               | decided, unanimously after viewing the totality of the
               | case, that the comments did not amount to defamation.
               | 
               | > he didn't apologize > He said in court that insisting
               | somebody is a pedo is a common playground insult in
               | Africa.
               | 
               | Apologizing and making this clarification are not
               | mutually exclusive things.
        
               | ergocoder wrote:
               | > The legal discovery process is basically also "digging
               | up dirt"
               | 
               | Except that Elon hired a PI to do that way before he got
               | sued.
               | 
               | Also, if child rapist is a common insult (this is elon's
               | main defense in court), why would he need to dig up dirt
               | on the diver?
               | 
               | Because Elon wanted to figure out if the diver had some
               | history related to sexual assault.
               | 
               | > Yes Elon is known for manic states, it's not a new
               | detail.
               | 
               | Are you implying it is okay for Elon to make false child
               | rapist accusation?
               | 
               | I have no idea how his general trait is relevant with
               | this specific event.
               | 
               | > Apologizing and making this clarification are not
               | mutually exclusive things.
               | 
               | Nobody said they were mutually exclusive.
               | 
               | I am saying that he didn't apologize.
               | 
               | > And a jury decided, unanimously after viewing the
               | totality of the case
               | 
               | First of all because BuzzFeed email wasn't included in
               | the case
               | 
               | Second the diver had to prove damage, which was hard to
               | do.
               | 
               | This is like Donald trump never commits sexual assault
               | because he is not convicted.
               | 
               | Stepping back, are you normally calling your friends and
               | families child rapists as a fun insult? Are those normal
               | insults to you?
        
               | extheat wrote:
               | Let's keep emotion away to understand what's happening.
               | You emphasise the alleged hate and are regurgitating the
               | private investigator points. He made an accusation as an
               | insult. And dug in on it, on his own FU money, to not
               | lose the argument. It's not right, but missing the
               | crucial context before and after: he was not the
               | instigator, and he apologized for it after.
               | 
               | > Are you implying it is okay for Elon to make false
               | child rapist accusation?
               | 
               | People say much worse than "pedo guy" in arguments,
               | although this is subjective. In a response to another
               | insult, I'll mark "Sorry pedo guy..." as an informal
               | childish remark, not a sober threat with the intent to
               | harm someone.
               | 
               | > Nobody said they were mutually exclusive. > I am saying
               | that he didn't apologize.
               | 
               | I don't understand what you're saying here. This means he
               | can apologize for and also clarify the context behind the
               | insult. So far, his last words on the topic in sworn
               | statements are that he didn't mean the comments to be a
               | statement of fact and apologized.
               | 
               | > Second the diver had to prove damage, which was hard to
               | do.
               | 
               | They had to prove if a reasonable person would take the
               | statement as a fact of matter. Whatever dirt he dug up
               | with an investigator is something that happened after the
               | fact, and private comments he made digging in are self-
               | inflicted collateral damage, not preceding the comments
               | in question.
               | 
               | > I have no idea how his general trait is relevant with
               | this specific event.
               | 
               | The totality of the case also needs to mention the
               | context that he was trying to help, on his own dime,
               | children who were trapped underground. It doesn't make
               | his comments right, but taking statements at face value
               | lacks human context.
        
               | l33tc0de wrote:
        
               | ergocoder wrote:
               | Oh no you are right. I am in so much pain right now lmao.
        
         | cmurf wrote:
         | If Musk is sincere, he will turn Twitter into an 8chan racist
         | hellhole. He has said he believes in absolute free speech.
         | Racism, trolling, libel, dick pics, blatant racism are all fair
         | game. He'd reverse Trump's lifetime ban.
         | 
         | Maybe Twitter was always doomed because it was just fad. But
         | the idea Musk alone can save it is absurd.
        
         | hooande wrote:
         | As is detailed by many smart people below, fiduciary duty
         | lawsuits are difficult to win. They'd pretty much have to have
         | board members emailing each other saying "This would be in the
         | best interest of shareholders, but let's screw them over
         | instead"
         | 
         | This was an epic debacle. Musk invested 4 BILLION dollars in an
         | asset of questionable value, because "free speech". If he times
         | it right he could come out ahead financially. But in general
         | this was a pointless distraction and public fiasco that served
         | no one.
         | 
         | I have no idea what he was doing or what his goals were. It
         | looks like he was upset that people he liked were getting
         | banned by twitter and was afraid that he'd run afoul of their
         | rules himself, so he tried to buy the company. And despite
         | being one of the richest humans to ever live, he failed at
         | that.
         | 
         | This is just a head scratcher and a massive L. I don't see
         | another way to view it.
        
           | jv22222 wrote:
           | > I have no idea what he was doing
           | 
           | Would it be illegal for him to launch a Twitter competitor,
           | take 40 million followers with him, and sell all of his
           | Twitter shares on the same day?
           | 
           | Perhaps that is the strategy? A 1-2-3 punch to launch his own
           | network.
        
             | imilk wrote:
             | Who would join his new network that isn't already on gab,
             | parler, gettr, or truth social besides Telsa fanboys and a
             | bunch of crypto enthusiasts?
        
             | [deleted]
        
           | CompleteWalker wrote:
           | In the recent Ted talk Musk talked about needing AI-complete
           | solutions for projects like full self-driving and Optimus
           | (tesla bot) to succeed. He also wryly mentioned that there
           | was a plan b if his Twitter bid wasn't accepted.
           | 
           | He's heavily invested in AI and machine learning, could he be
           | interested in twitter's data?
        
             | hooande wrote:
             | He could just give them money for it. I'm sure they'd love
             | having a multibillion dollar customer.
             | 
             | It's very possible that his AI investments have yielded
             | developments that we can't imagine. But it's hard to see
             | the value of twitter's data over that of, say, the internet
             | cache that gpt-3 uses.
             | 
             | I have no idea what the plan b he alluded to is.
        
               | CompleteWalker wrote:
               | Sure he could pay for it, but buying the company (and
               | taking it private) is potentially a way to get paid for
               | access. Web archives - like common crawl - are snap shots
               | of the past, but twitter users react and discuss events
               | in real time.
               | 
               | Reliably parsing and interpreting new, potentially
               | unreliable data is part of that whole AI-complete thing.
        
             | throwntoday wrote:
             | I think he's more interested in the power of twitter as the
             | public square. There's no doubt Trump won his presidency
             | through that social media presence (and his non-stop
             | rallying of course). That kind of power is more useful than
             | say buying the Washington Post.
             | 
             | I would be more interested in him implementing certain
             | features like a journalistic credibility score for outlets
             | and individuals. Base it on number of retractions,
             | mistakes, and outright lies. Surely a score like that might
             | put certain fake news propagators in line.
             | 
             | This is something he pitched before although as a
             | standalone website. Integrating into twitter seems more
             | useful.
        
               | imilk wrote:
               | > I would be more interested in him implementing certain
               | features like a journalistic credibility score for
               | outlets and individuals. Base it on number of
               | retractions, mistakes, and outright lies. Surely a score
               | like that might put certain fake news propagators in
               | line.
               | 
               | Which then raises the issue of who scores the scorer. You
               | already have people throwing fits because the garbage
               | they post gets labeled as misleading or not true. So how
               | would this be any different besides you liking the person
               | in charge of the scoring?
        
               | throwntoday wrote:
               | Could be done with ML perhaps, or via consensus. I did
               | list retractions for that reason, as there is a point
               | where even an outlet needs to admit they got something
               | wrong, but burying it at the bottom of a year old article
               | no one will ever see is a dirty move. Either way it's not
               | my problem to solve, just something I would like to see.
        
           | browserman wrote:
           | After considering it for a bit, my opinion is that it's
           | mostly a political ploy; if he buys it, he'll bring back
           | Trump et. all, expecting that once the GOP is back in power,
           | they'll make any trouble he may be expecting with the SEC and
           | the National Labor Relations Board go away
           | 
           | I think there are probably other factors at play too. His
           | ego, of course. And also the general desire, also evident
           | among VCs like Andreesen, to discipline the Silicon Valley
           | workforce and remind the uppity code-monkeys who's really in
           | charge.
        
             | FFRefresh wrote:
             | It's really fascinating seeing all the conspiracy
             | theorizing going on with this offer. You have a number of
             | really creative threads going on here.
             | 
             | To step through this... So we have someone with a net worth
             | near 300 billion dollars that is going to go through all
             | this trouble to:
             | 
             | -Unblock one user
             | 
             | -Which will then trigger an American political party to
             | like him
             | 
             | -This political party will then make it less likely the SEC
             | will bother him, potentially saving him tens of millions of
             | dollars (or 0.01% of his current net worth) in some
             | hypothetical scenario
             | 
             | What a theory! This same political party and twitter user
             | was in power when the SEC fined him+Tesla $40 million in
             | 2018. How do you make sense of that with your theory?
             | 
             | If politics was his main driver, why wouldn't he just use
             | his wealth to _directly_ incentivize politicians?
        
               | browserman wrote:
               | I don't think it's a straight quid pro quo or that he's
               | on a secret Signal chat with Trump or anything. Just part
               | of a broad alignment of the tech oligarchy with the
               | Republican Party on anti-labor and anti-regulation lines.
        
               | FFRefresh wrote:
               | Again, why would Elon Musk, with net worth near 300
               | billion dollars, go through all this trouble to maybe
               | save 0.01% of his net worth in fines in some hypothetical
               | scenario? The ROI seems absolutely terrible for that
               | theory.
               | 
               | And why when Trump and the Republican party was in power
               | in 2018, did they allow Musk+Tesla to be fined if there
               | is such a tight relationship along 'anti-regulation'
               | lines between the SEC and the President/political party
               | in power?
               | 
               | And again, if he cares about political influence, why go
               | through all _this_ trouble and why not just directly
               | incentivize politicians?
        
               | browserman wrote:
               | I think 2018 is exactly the kind of thing he is trying to
               | avoid; I think you are underestimating the impact
               | vigorous enforcement of labor and securities laws would
               | have on his business prospects. Elon and his companies of
               | course also spend quite a lot of money on campaign
               | donations, lobbying, and political activity.
               | 
               | I think this is probably only one factor at play here,
               | and who really knows to what degree, but it's certainly
               | more of a factor than marketing pablum about Elon being a
               | futurist deeply concerned with the optimal future of
               | humanity or whatever.
        
               | FFRefresh wrote:
               | None of my questions have been addressed, so I'm guessing
               | you are pretty deep into your theory. I do wonder whether
               | there is any piece of evidence or logical thinking
               | through probabilities/incentives that would alter your
               | theory of "Elon Musk buys Twitter to curry favor from
               | Trump & the Republican party"?
               | 
               | Would the fact that Tesla mostly just donates to
               | Democrats alter anything [1]?
               | 
               | Or that Elon Musk makes more personal donations to
               | Democratic politicians [2]?
               | 
               | I'm guessing not. I'm guessing you'll ignore this and see
               | that he and his companies donated _some_ money to
               | Republicans (even though he gives more to Democrats) and
               | that therefore means he 's a diehard Republican who is
               | driven to look out for the party.
               | 
               | Have a nice day!
               | 
               | [1] https://www.opensecrets.org/orgs/totals?cycle=A&id=D0
               | 0005751...
               | 
               | [2] https://www.opensecrets.org/donor-
               | lookup/results?name=elon+m...
        
               | browserman wrote:
               | That he also donates to Democrats does not seem at all
               | fatal to my speculation, as many avowedly right-wing (in
               | the economic sense), anti-labor, anti-regulation
               | businessmen donate freely to both parties. You seem to
               | have some very confused notions about U.S. politics and
               | political economy more generally.
        
               | FFRefresh wrote:
               | Got it. So to sum it up:
               | 
               | Elon Musk, who:
               | 
               | -Is CEO of an electric car company and produces solar
               | panels to help mitigate climate change
               | 
               | -Donates mostly to Democrats personally and through his
               | companies
               | 
               | -Did not donate to Donald Trump, and said "I feel a bit
               | stronger that he is probably not the right guy. He
               | doesn't seem to have the sort of character that reflects
               | well on the United States."
               | 
               | -Was fined by the SEC when Trump & the Republican party
               | were in power in 2018
               | 
               | -In June 2017, announced that he would be leaving Trump's
               | business advisory council in protest of the president's
               | pulling the U.S. out of the Paris climate agreement.
               | "Climate change is real. Leaving Paris is not good for
               | America or the world,"
               | 
               | -Has a net worth of nearly 300 billion dollars
               | 
               | -------------------------------------------------
               | 
               | Wants to buy Twitter for $43 billion, because:
               | 
               | -It'll curry favor from Trump and the Republican party
               | 
               | -And if elected, Trump/the Republican party will make it
               | so the SEC is easier on him (even though they were in
               | power when he did get fined before)
               | 
               | -In a hypothetical scenario where he would get fined,
               | this preferential treatment could save him 0.01% of his
               | net worth
               | 
               | You are right, I am very confused, and this has to be the
               | end of the thread for me. I do like probing
               | conspiratorial thinking, but I think we've reached a
               | dead-end. I bid you adieu.
        
               | browserman wrote:
               | Yes, I think he likely regrets his previous public
               | positioning and is adjusting. I think, as I said, this is
               | part of a broader shift in the tech-ocracy towards more
               | explicit anti-labor and anti-regulatory positioning, and
               | I think the potential risks of vigorous securities &
               | labor law enforcement to Elon's wealth and personal
               | freedom are likely substantially higher than the slap on
               | the wrist he received from Trump's SEC (which, you'll
               | remember, also imposed some mild restrictions on his
               | ability to Tweet, which clearly irked him far more than
               | the fine). I also don't think a billionaire with a
               | California-based business donating to Democrats is at all
               | fatal to my little theory here, as plenty of right-wing
               | anti-labor, anti-regulation plutocrats donate to
               | Democrats if they think it is in their material interest
               | to do so.
               | 
               | Given that this is your second attempt at quitting the
               | thread with a pre-emptory sign off, I would like to
               | apologize for agitating you so much with my idle
               | speculation here, and I sincerely hope you're able to
               | make this attempt stick.
        
               | [deleted]
        
           | a-dub wrote:
           | from what i understand it's a matter of ideals combined with
           | the technologist's desire to see the machines (all types,
           | including sociopolitical) work correctly.
           | 
           | he wants to see the first amendment function with autistic
           | precision. he wants to remove any messy personalization
           | because it interferes with that purity. he wants fully
           | transparent moderation and proof of fairness. he doesn't like
           | the idea that one organization has such control and he likely
           | wants to turn the company into a dao. he's searching for a
           | problem to apply cryptocurrency technologies to.
           | 
           | what i think he doesn't get are the messy realities of the
           | real world. we're already on the cusp of world war iii, can
           | we chill for just a few minutes?
        
             | arrosenberg wrote:
             | > he wants to see the first amendment function with
             | autistic precision
             | 
             | I really wish we'd stop defining social media broadly as a
             | first amendment issue. Elon Musk has the right to speak his
             | mind without fear of government reprisal, he doesn't have a
             | constitutional right to broadcast his asinine opinions to
             | millions of people.
        
             | haliskerbas wrote:
             | Surprised that he wants to see the "social machine" work
             | but is fine mocking the homeless, the poor, or the hungry.
             | 
             | In my opinion the fundamental needs of humans being meant
             | is part of the social machine. Not rich people getting to
             | whine.
        
               | chernevik wrote:
               | You have absolutely zero awareness of the ideas of those
               | you disagree with.
        
             | lettergram wrote:
             | I think musk believes we wouldn't be on the midst of WWIII
             | if free speech was allowed.
        
               | imilk wrote:
               | Funny how his free speech ideals come to an end as soon
               | as someone says the word "union" at Tesla.
        
               | adfm wrote:
               | And here I was thinking that this was a $43B smokescreen
               | to obfuscate the $15M payout occurring within the same
               | news cycle. What am I missing here?
        
             | psyc wrote:
             | I have this recurring fantasy in which some Satoshi figure
             | creates a decentralized global bulletin board, such that
             | anybody can post and view anything anonymously and
             | untraceably, and nobody - not the U.S. government, nor the
             | CCP, nor the Mossad, nor the NSA - can stop it short of
             | dismantling the whole Internet and starting over. Nobody
             | can blame anybody, because nobody can stop it. Not because
             | I think such a thing is technically possible. Certainly not
             | because I have any fancy argument for why such a thing
             | ought to exist morally! But simply to sit back and watch
             | the world lose its fucking mind over it. To see the whole
             | psyche of human kind projected into public view, and the
             | accompanying apoplectic, impotent outrage.
             | 
             | I might also settle for a really quality sci-fi novel in
             | which this takes place.
        
               | JohnBooty wrote:
               | It wouldn't be any kind of transparent window into the
               | human mind.
               | 
               | It would be like any other lightly-moderated or
               | unmoderated spaces we've seen before: the wildest days of
               | 4chan, etc.
               | 
               | It would quickly be dominated by niche individuals and
               | clumps of people who are good at attracting attention
               | because they yell the loudest, are the most outrageous,
               | tell the most compelling lies, etc.
        
               | sweetbitter wrote:
               | Preventing SPAM requires a lot of subjectivity, so
               | particular people who download certain sets of posts are
               | more like to be senders. Perhaps retrieval of messages
               | could be routed over something like I2P.
        
               | hooande wrote:
               | This is 4chan. Your recurring fantasy is 4chan
        
               | joncrane wrote:
               | Absolutely not. They regularly turn over IP logs to law
               | enforcement for various reasons.
        
               | tsol wrote:
               | So it was 4chan before they made enough trouble to get
               | law enforcement attention. In the beginning it was just a
               | bunch of pissed off nerds posting anime that no one took
               | seriously
        
               | psyc wrote:
               | Not even close. 4chan was vulnerable to censorship from
               | day one, and succumbed to it completely over Gamergate,
               | of all things.
        
               | iratewizard wrote:
               | This is the sort of take you hear from a Reddit dopamine
               | addict who's idea of 4chan comes from the losers on his
               | favorite marketing platform.
        
               | sweetbitter wrote:
               | The moderators' biases shape 4chan and which userbase it
               | has, not the users' own subjective choices. Similar but
               | not quite.
        
               | brewtide wrote:
               | Yik-Yak vs. the world style. I'm down.
        
               | 8note wrote:
               | It breaks immediately.
               | 
               | Somebody writes a unlock euqivalent and maintains ban
               | lists. Everyone subscribes, because otherwise it's full
               | of ads, spam, and edgy 14 year olds repeating slurs like
               | it's Xbox live.
        
               | psyc wrote:
               | That doesn't break my vision. It's not the whole
               | Internet, it's just one bulletin board. People can not go
               | there at all if they don't want to. If Twitter's
               | moderation was chosen by each user, for themselves, we
               | wouldn't have this conversation (though no doubt we'd be
               | having a different one). People filtering for themselves
               | doesn't touch on what I'm getting at with this thought
               | experiment.
        
               | ABCLAW wrote:
               | There are plenty of unmoderated corners of the internet;
               | always have been, always will be. They were fun when the
               | internet started out and when the financial incentive to
               | spam the everloving shit out of them was low, but that's
               | not really the case anymore.
               | 
               | You can't go back home.
        
               | ozay wrote:
               | Did you mean uBlock?
        
               | a-dub wrote:
               | it's a false projection though. it wouldn't be a
               | projection of humanity -- it would be a projection of
               | humanity warped by the games that would emerge as
               | generations learn to cope with anonymous
               | hyperconnectedness.
               | 
               | it's not some mirror that reflects who we really are,
               | it's the chaos that comes from navigating entirely new
               | paradigms of attention games and connectedness at scales
               | we haven't yet evolved for.
        
               | imbnwa wrote:
               | No translation without transformation
        
               | [deleted]
        
               | [deleted]
        
               | plainOldText wrote:
               | _To see the whole psyche of human kind projected into
               | public view, and the accompanying apoplectic, impotent
               | outrage._
               | 
               | Brilliant!
               | 
               | Can't help but wonder if over time - having the ability
               | to peek into our collective psyche - this would trigger a
               | significant divergence from the present evolutionary
               | trajectory of our unexamined collective mind; maybe for
               | the better, maybe for the worse.
        
               | kmeisthax wrote:
               | This already existed, it was called Freenet[0], and it
               | was just as much of a trash dumpster as one might
               | imagine. I have no idea if it still works.
               | 
               | The fact of the matter is that such a system absolutely
               | would not scale. USENET crumbled under the weight of
               | early 90s _AOL_ subscribers; imagine even a fraction of
               | today 's Facebook or Twitter users moving to a similarly
               | open system. It would be absolutely unusable chaos.
               | 
               | The thing is, these systems are not "the whole psyche of
               | humankind projected into public view". That's far, _far_
               | too generous for it. What usually happens is that the
               | loudest extremists scream over everyone else, sock-puppet
               | support for each other, create an echo chamber, and then
               | proclaim that everyone who doesn 't think like them isn't
               | a real human being. The vast majority of people do not
               | actually interact with the system.
               | 
               | [0] Technically speaking it was some extra overlay
               | software on top of Freenet. I don't remember the name.
        
               | sweetbitter wrote:
               | No, it isn't impossible at all. However, it would be very
               | subjective- like that Freenet overlay software that
               | eliminates SPAM and child pornography with ease, such a
               | system would be more based on subjective webs of trust
               | and optional lists people could subscribe to, used to
               | determine what you see.
               | 
               | The sender anonymity part could just be having every node
               | act as part of a mixnet- wait until you receive X
               | messages and/or Y time has elapsed, shuffle messages,
               | send them out to randomly chosen nodes, repeat this for 3
               | hops and then your message is propagated.
               | 
               | I've wanted to make something like this for ages since
               | 4chan has gone so downhill. Perhaps it should happen
               | then. It would probably be easier to adopt than something
               | as complex as Freenet FMS for sure.
        
               | a-dub wrote:
               | technically possible, yes. but what do you think people
               | would use it for and what problem would it solve?
               | 
               | how could it be abused by trolls? both local and nation
               | state funded?
        
               | sweetbitter wrote:
               | Trolls would need to avoid being too overtly
               | inflammatory, lest they get blocked by kneejerk reaction.
               | 
               | > What problem would it solve
               | 
               | Well, we could have a bunch of discussion boards again,
               | ones that aren't at the permanent whims of profiteers or
               | atrocious moderation. And strong anonymity even against
               | global passive adversaries. Clearly there is a case for
               | it, I know a lot of people who would find lots of joy in
               | such a thing!
        
               | psyc wrote:
               | I would most of all hope it would solve the problem of
               | people asking such questions, by making them perfectly
               | moot. Folks would be forced to settle for wistful
               | speculation about what the world might have been had the
               | thing not been created.
        
               | a-dub wrote:
               | so you want to take actions that force a state of regret
               | upon the world for you having taken them?
               | 
               | the human condition sucks sometimes, but wow, that's
               | pretty dark.
               | 
               | you could also consider, you know, actions that make your
               | life or the lives of others better. it's likely a more
               | rewarding endeavor.
        
               | scythe wrote:
               | Freenet was also slightly slower than molasses in
               | Antarctica. You had to really want to post there. The
               | product of a messageboard is roughly:
               | 
               | sum[user_i in users](opinion(user_i)*engagement(user_i))
               | 
               | It's the second factor that causes all of the problems.
               | But much like fast-food companies get a large fraction of
               | their revenue from a small fraction of their customers,
               | social media companies have trouble disempowering highly
               | engaged users when functioning as a profit-oriented
               | business.
               | 
               | It's interesting to consider what would happen with a
               | "less moderated" messageboard where an individual's daily
               | engagement is capped (supposing you solve the multiple
               | account problem). It doesn't seem likely that we'll see
               | that any time soon, though.
        
           | burnished wrote:
           | I'm not getting the impression that his actions are the
           | result of a highly polished corporate public personna, I
           | think his actions make way more sense if you imagine that
           | he's just some regular, kinda bright, really eccentric
           | asshole with more money than god.
           | 
           | Like, you can probably imagine at least one person you know
           | acting this way if they discovered a genie.
        
             | pbreit wrote:
             | "asshole"
             | 
             | What has he done to deserve that label?
        
               | WaxProlix wrote:
               | You should do a google search before posting on HN.
               | Dude's done tons of really mean, rude, or questionable
               | things. At many levels. It's not on the OP to prove it to
               | you with exhaustive sources or whatever when you can just
               | look around you and get examples.
               | 
               | But since you want an actual link, here: https://duckduck
               | go.com/?t=ffab&q=elon+musk+douchebag&ia=web
        
               | TobyTheDog123 wrote:
               | I find it pretty ironic that the Hacker News user calling
               | someone a douchebag goes on to provide what amounts to a
               | "Let Me Google That For You" (lmgtfy) link.
        
               | WaxProlix wrote:
               | If I came off as calling someone a douchebag, that's my
               | bad - I've reread my comment and don't see that there,
               | but if it happened I'm sorry. Could I re-word it somehow?
               | 
               | My main point was that saying "nuh uh" isn't a
               | substantive rebuttal to a claim, especially when there's
               | a pretty solid wealth of evidence in both directions
               | (Musk has been a real turd to some people, specifically
               | unionizers or laborers in his domain as well as that one
               | anti-submarine guy who he leveraged his wealth to slander
               | as a paedophile, but has helmed pioneering work in
               | battery tech, propulsion, and non-government viable (!)
               | approaches to lots of technological hurdles).
               | 
               | So, given the context of him being a known polarizing
               | figure, "what has he done to deserve 'asshole':(" is not
               | a substantive comment. LMGTFY is appropriate here, if
               | anywhere?
        
               | pbreit wrote:
               | I'd grant the "pedo" thing. But I'm not sure what else.
               | Link didn't provide anything of merit.
        
               | burnished wrote:
               | The pedo thing makes you an asshole. You can still have
               | virtues while also being an asshole. I'm not really sure
               | what there is to discuss on that point.
        
               | imilk wrote:
               | There are very few things you can do that are a bigger
               | asshole move than calling the person who bravely rescued
               | a bunch of children a pedophile because you didn't get to
               | be the hero.
        
               | jdminhbg wrote:
               | Not to defend childish Twitter name-calling, but the
               | reason he did it was that the dude picked a pointless
               | fight with him first. Let he who has not escalated an
               | insult battle throw the first stone.
        
               | imilk wrote:
               | Your sentence is a a classic example where everything
               | after the "but" pretty much contradicts what came before
               | it.
        
               | jdminhbg wrote:
               | No, they are addressing two different things. The second
               | half addresses the parent assertion that he did it simply
               | out of spite over whose cave rescue solution worked out
               | first.
        
               | imilk wrote:
               | You may not be personally deafening him, but you are
               | certainly offering a possible defense. So while you say
               | "Not to defend childish Twitter name-calling" , you are
               | also offering a possible defense for someone calling
               | another person a pedophile without cause.
        
               | [deleted]
        
               | dpq wrote:
               | I might be misremembering the sequence of events, but I
               | thought he called him names because the said hero
               | publicly told Elon to shove the microsubmarine he was
               | trying to build into his ass. Which kinda changes the
               | picture entirely, at least for me.
        
               | imilk wrote:
               | Not really when the "microsubmarine" solution was never
               | going to work and every minute was vital to get the kids
               | out alive. So more of a "piss off and let people who
               | actually know what they're doing focus on the job"
               | 
               | And regardless of that, it is still a massive asshole
               | move to call someone a pedophile because they told you to
               | shut up. Those two insults couldn't be more different in
               | severity and social implications.
        
               | litter wrote:
               | Every billionaire is supposedly an "asshole" and the only
               | reason is because they have the money to do all of the
               | things that regular people would also do but pretend they
               | don't because they don't have the power to do anything.
        
               | WaxProlix wrote:
        
               | litter wrote:
               | Yes, I don't have a reddit account either, because both
               | here and reddit are very pro-censorship. I do understand
               | though that your comment adds no value and should
               | supposedly be downvoted according to the community
               | standards of this site. My point is not a troll, it is
               | always the case that people who have no power pretend
               | that <if you just give me the power> I will be the
               | <really good person>. They just want power like everybody
               | else.
        
               | WaxProlix wrote:
               | Well, you're technically right in that pointing out
               | obvious trolls is discouraged here; instead, let's be
               | charitable and take your comment at face value then.
               | 
               | > Every billionaire is supposedly an "asshole"
               | 
               | I don't know if this is true; I think some have a pretty
               | strong image in the public eye. Gates for a long time hit
               | that mark, though the COVID vaccine era allegations work
               | against him now. Musk himself - case in point - is
               | polarizing, but beloved by many. Buffet AFAICT is seen as
               | a kindly, humble market guru with a penchant for helping
               | those who need it. The Kardashians' (specifically Kylie
               | Jenner's) wealth is admired and lauded by many. Tony Khan
               | is ranked highly in sentiment across billionaires, and
               | even the polarizing Vince McMahon is well beloved by an
               | adoring group. Donald Trump, who is maybe a billionaire?,
               | is the actual locus of much attention, merchandise, and
               | adoration, of a large portion of the USA. Mukesh Ambani
               | is a respected and admired figure in India. I don't know
               | what the burden of proof to countermand this is.
               | 
               | > the only reason is because they have the money to do
               | all of the things that regular people would also do but
               | pretend they don't because they don't have the power to
               | do anything.
               | 
               | This seems wildly, unsupportably reductive. Could you
               | back this up with anything? I've engaged with the thought
               | for a bit and am now more genuinely curious that I was
               | before, so - W there for the HN zeitgeist, probably.
               | 
               | > I do understand though that your comment adds no value
               | and should supposedly be downvoted according to the
               | community standards of this site.
               | 
               | Maybe, maybe not. I'd rather call out a troll and help
               | others see it if it'd otherwise fly under the radar and
               | scum up conversation.
               | 
               | > My point is not a troll, it is always the case that
               | people who have no power pretend that <if you just give
               | me the power> I will be the <really good person>. They
               | just want power like everybody else.
               | 
               | This is completely unfounded, and - to me, very
               | subjectively - sounds like projection. I vehemently do
               | not want unilateral power, but I also don't want others
               | to have it. Where do I fall on your political compass
               | graph?
        
               | matthewdgreen wrote:
               | The fact that nature places constraints on ordinary
               | humans' worst instincts is probably a good thing. We're
               | all fundamentally egomaniacal idiots who would do stupid
               | things if granted absolute power. The fact that our
               | society has granted a few PayPal co-founders something
               | akin to such power is not a strong argument that such
               | power is a good idea.
        
               | kixiQu wrote:
               | I mean, _you_ don 't have to believe it makes him one,
               | but it's not like people can't find examples of things
               | that _they_ might consider worth the label:
               | 
               | https://www.bbc.com/news/world-us-canada-50695593
               | 
               | his defense being....
               | 
               | > Mr Musk told the court this week the phrase "pedo guy"
               | was common in South Africa, where he grew up.
        
               | imilk wrote:
               | Holy moly - reading that article I never knew the British
               | caver's lawyer was the same completely delusional Lin
               | Wood from the idiotic "kraken" lawsuits. No wonder he
               | lost the case.
        
             | the_only_law wrote:
             | > I'm not getting the impression that his actions are the
             | result of a highly polished corporate public persona.
             | 
             | This has been my thought for a while. Dudes is a character,
             | playing a part.
        
               | hyperhopper wrote:
               | You missed the "not" part of the sentence.
        
           | pbreit wrote:
           | An L for Twitter inc, perhaps. OP did not say shareholders
           | would win their lawsuits. Elon obviously has zero interest in
           | a financial return. It's clear he genuinely believes Twitter
           | could be better, especially around free speech.
        
             | kixiQu wrote:
             | If you lose a bunch of money _and_ don 't change the "free
             | speech" policy of a website, isn't it still an L?
        
               | pbreit wrote:
               | He's already won by spotlighting Twitter's poor record.
        
               | saghm wrote:
               | I haven't seen anyone convinced one way or another based
               | on these recent events that wasn't already; in other
               | words, this offer changed no one's opinion. If pointing
               | out that you think there's an issue to other people who
               | already believe that issue exists is a win, then sure,
               | he's already won.
        
             | garbagetime wrote:
             | What's his loss going to be? Like, $500,000,000? I doubt
             | the money matters that much to him.
        
           | tdehnel wrote:
           | You say "free speech" mockingly in quotes as if it's not the
           | one right that literally all your other rights depend on.
        
             | M2Ys4U wrote:
             | It's not, though.
             | 
             | In fact free speech is in _direct contradiction_ to other
             | rights, and these have to be balanced against each other
             | for society to function.
             | 
             | Take the right to privacy, for example. _My_ right to
             | privacy necessarily entails restricting _your_ right to
             | disseminate information about me.
             | 
             | Or the rights to life and bodily autonomy - the prohibition
             | on inciting violence is a restriction of free speech.
        
               | tdehnel wrote:
               | Who advocated for those rights and why were they allowed
               | to?
        
           | jpcfl wrote:
           | He is a futurist, and believes that without free speech,
           | human kind is doomed.
           | 
           | I agree.
        
             | bmlzootown wrote:
             | The important question is this -- why does he believe those
             | things?
             | 
             | This is the same man that at one point tried to say that he
             | was the founder of Tesla.
             | 
             | Saying things that I agree with doesn't mean that I should
             | inherently be in favor of said person doing X, Y, or Z.
        
               | [deleted]
        
               | jpcfl wrote:
               | > why does he believe those things?
               | 
               | Just look at the conditions in any society without free
               | speech and you'll find your answer.
               | 
               | More abstractly, free speech is required for free
               | thought. Without free thought, we're all thought
               | prisoners to whomever controls the information we
               | received. Musk's contention with Twitter is that they
               | have been positioning themselves as that entity.
        
             | [deleted]
        
             | dtjb wrote:
             | Does free speech require a company to give me a megaphone
             | to their private platform and users? Does twitter not have
             | a right to exercise their speech?
        
               | tonguez wrote:
               | Are you capable of talking without regurgitating
               | propaganda buzzwords like megaphone?
        
               | dtjb wrote:
               | I'm not aware of that term being propogandist. Maybe I
               | heard it somewhere, definitely possible. Do you object to
               | the image? It seems perfectly fitting which is why I used
               | the word.
        
             | krainboltgreene wrote:
             | He has actively suppressed the speech of others.
        
           | [deleted]
        
           | vimy wrote:
           | These are just the opening moves. It isn't over yet.
        
         | [deleted]
        
         | tmaly wrote:
         | The board could always remove the poison pill once shareholder
         | lawsuits start. Musk could always step back in and buy at a
         | significant discount
        
       | s5300 wrote:
       | I wonder if Twitter would be in the right to deactivate musk's
       | account. They're a company & he's clearly trying to cause them
       | harm. I see no reasons as to why it wouldn't be justified.
       | (Hilarious too, I might add.
        
         | outsb wrote:
         | Because he's a near-10% shareholder and accounts like his are a
         | major driver of new account growth. I wonder if this episode
         | has impacted growth or engagement metrics any. Hard to imagine
         | it hasn't
        
           | [deleted]
        
         | bombcar wrote:
         | They can certainly do it but it's end Twitter as a going
         | concern.
         | 
         | People like to pretend.
        
           | ceejayoz wrote:
           | If suspending Trump didn't end Twitter, suspending Musk
           | won't.
        
             | darthnebula wrote:
             | Don't be too sure of that...
        
               | themitigating wrote:
               | Why?
        
               | asguy wrote:
               | Because depending on how you look at it, Twitter
               | suspending Trump (and Babylon Bee et cetera) was part of
               | the motivation for Musk to buy Twitter in the first
               | place.
        
               | themitigating wrote:
               | How do you know that was his motivation?
        
               | s5300 wrote:
               | I don't think Elon has or ever has had any affinity for
               | Trump. He left his advisor (or something of that nature)
               | spot in the administration quite early on for a reason.
        
               | themitigating wrote:
               | The parent offered no proof other than a cryptic
               | statement
        
       | rubyist5eva wrote:
       | I think Elon just wants to destroy Twitter and he's just baiting
       | them into tanking themselves, I have a hard time believing
       | actually wants to own and run it.
       | 
       | If he did own it, I wonder if he would unban Donald Trump?
        
         | pm90 wrote:
         | He would absolutely unban everyone. As he has found out he is
         | free to do anything he wants and nobody will get in his way.
        
       | toephu2 wrote:
       | Already a discussion here
       | https://news.ycombinator.com/item?id=31042187
        
       | computerdork wrote:
       | First off, I should say I think Elon is the man. What he's been
       | doing at "engineering" companies is of course _absolutely
       | incredible_ (go Starship!). But not so sure he should be mucking
       | around with a social-networking /media company, in which messy
       | social and legal rules are even more important than the
       | technologies themselves. Yeah, his idea that free speech should
       | be the overriding principle is at it's heart true, but tell that
       | to Mark Zuckerberg and FB (as many of us here know, he originally
       | was saying something similar years ago, that it wasn't FB
       | responsibility to moderate content, but then it became known that
       | many organizations and states are using bots and companies
       | dedicated to promoting their own agendas. How do you stop
       | something like this??). Free speech is an ideal that must be
       | balanced with other ideals like protecting individual people &
       | groups against defamation and libel amongst other things. Not
       | sure an intense, engineering mind like Elon is the right person
       | to wade into these very murky waters. And, have a feeling Elon
       | wouldn't even enjoy working on a problem like this (as a software
       | engineer myself, don't think I would either!)
        
         | politician wrote:
         | Counterpoint: Banks are regulated, yet PayPal. Defense
         | contractors are regulated, yet SpaceX launches satellites for
         | the military.
         | 
         | I don't think claiming that because social spaces involve legal
         | decisions, that he's out of his element.
        
           | computerdork wrote:
           | Agree, he's used to regulations. But, it's not just the legal
           | rules, but the unspoken social rules we have as well as
           | groups and factions he'll have to deal with. I could
           | _totally_ be wrong, but at least for me, I don 't see him
           | being good at or even enjoying fixing the problems of social-
           | networking companies. Seems like a distraction from SpaceX
           | and Tesla (which is _more_ than enough)
        
         | Nextgrid wrote:
         | I don't believe in nor really care about his points regarding
         | "free speech" (whatever that even means, considering everyone
         | has a different concept of it).
         | 
         | However I believe the current model of social media being
         | funded by "engagement" has peaked, is hard to grow in a world
         | already saturated by advertising, and is at risk from privacy &
         | pro-consumer legislation slowly being enacted around the world.
         | 
         | I just don't see a future in the current model, yet the social
         | media industry seems to be stuck in this local maximum without
         | an easy way out. A hostile takeover of a large existing player
         | by a risk-taker is the "kick in the butt" that the industry
         | needs. It may go well, it may go wrong, but IMO it's at least
         | worth a try.
        
           | computerdork wrote:
           | Good point, Twitter is a bit of a mess. hmm... But a huge
           | worry is that Twitter has become such an important mass-media
           | tool, and if he messes it up, it could become even more the
           | goto outlet for politicians, autocrats, or even just
           | businessmen with bad intentions to sway public opinion.
           | 
           | Yeah, as mentioned, Elon is a god, but in my humble opinion,
           | his talents are in engineering (and Twitter just seem like a
           | problem an engineer wouldn't even want to solve).
        
           | mym1990 wrote:
           | You would be surprised, Instagram is showing pretty dramatic
           | revenue growth over the past 4 years and it doesn't seem to
           | be slowing down. Global expansion into developing markets
           | will continue to fuel that 'funding' for social media
           | companies. On the ad side, humans seem to be pretty ok with
           | buying more and more and more stuff.
        
       | 99_00 wrote:
       | Musk wins if he buys the company.
       | 
       | And he wins if he doesn't because his offer is bringing a lot of
       | unwanted attention to the people who control Twitter.
       | 
       | And it exposes people who are anti-free speach. A position that
       | is now politically acceptable but will collapse under scrutiny
       | and attention.
        
         | hedora wrote:
         | This has been a long slow slide in the US.
         | 
         | Previous media ownership rules would have prevented Twitter
         | from existing at its current scale. This was explicitly to
         | prevent too much editorial control from becoming too
         | concentrated.
         | 
         | Regardless of whether Musk buys Twitter, the long term trend is
         | likely to continue, at least until one party decides to stop
         | it. (Consolidation was largely driven by rule changes made by
         | the Regan, Bush, Clinton and second Bush administration. Other
         | factors have accelerated it since.) E
         | 
         | Edit: I have a hard time having much sympathy for conservatives
         | on this particular issue, since some rule changes were timed to
         | allow conservative talk show networks to buy up large swaths of
         | the US market, and also wre designed to allow Fox News to exist
         | as a "entertainment" (obviously biased news) network. Having
         | said that, liberal propaganda and conservative propaganda have
         | the same root cause.
         | 
         | It's telling that the proposed "solution" to Twitter having
         | censors is to let Elon Musk be the censor instead. The only
         | thing that has worked in the past is decentralization of the
         | news industry, but no one is calling for Twitter to be broken
         | up. I guess both sides want it to exist so they can control it.
        
       | maxclark wrote:
       | Predictably stupid. They're going to come back and say the
       | company is worth >$70B.
        
         | s17n wrote:
         | That's how the game is played. If you want to take over a
         | company without the consent of its executives, it's going to be
         | a fight and you're probably going to lose.
        
           | walterlb wrote:
           | If Musk fails, are there likely to be any lasting effects to
           | Twitter or more generally to the market?
        
             | christkv wrote:
             | Him liquidating his position could crash the stock.
        
           | antr wrote:
           | > ... consent of its executives...
           | 
           | *sigh*
        
           | nickysielicki wrote:
           | The board of a public company cannot reasonably claim that
           | they're worth twice(!) what the market currently values their
           | company at simply because they feel it's true. Unless they
           | have advertising contracts and growth metrics in the pipeline
           | that represent a reasonable doubling of revenue and value,
           | they're acting legally irresponsibly. Justifying this is
           | difficult. This is objectively a good offer.
        
             | Ferrotin wrote:
             | Twitter has the potential to be much higher than its
             | current value. It's currently at a zero-earnings pricing. I
             | don't know whether Agrawal will turn it around, but if Elon
             | or somebody like him stepped in, maybe they could clean
             | house and do it. If Twitter employees are freaking out
             | right now, it's because they have so many people doing
             | stuff that isn't bringing in money.
             | 
             | I think the board is right to reject the offer. Twitter
             | could be worth more. Twitter in Elon's control would be a
             | more valuable company.
             | 
             | If I were a shareholder, I'd want them to reject 52.40.
             | Maybe not 92.40. The ideal outcome would be if Elon gets
             | 51% control and I got to remain a shareholder.
        
               | elforce002 wrote:
               | Well, Twitter is 16 years old with $5 billions in
               | revenue. Their maximum was ~$70 per share and that was 1
               | or 2 times. I don't think 92.40 is even reasonable since
               | you have incumbents ranging from IG to tiktok.
               | 
               | Heck, Tiktok could add a timeline just like twitter and
               | decimate them since Gen Z and millenials (26 and younger)
               | are basically there. Facebook is old school and will
               | start slowing down going forward. IG is for business
               | since the appeal (sharing photos with friends) has been
               | lost. Snap has its niche and Gab, Gettir, etc... are
               | catering to the right.
               | 
               | People like controversy and that's the main reason
               | twitter is relevant. Left and Right like to expose each
               | other. That's the main reason alt-tech is not mainstream.
        
             | s17n wrote:
             | They will claim whatever they need to claim to justify not
             | taking the deal. Like I said, it's how the game is played
             | and completely standard practice. Lawsuits are also
             | standard practice, which is why board members have
             | insurance.
        
             | tsimionescu wrote:
             | Apparently it's lower than the current 52 week moving
             | average of the stock price, so I don't think it would be
             | outrageous to claim it's a low offer even without some
             | massive deals in the pipeline.
        
             | cryptonector wrote:
             | Corporate governance needs a revamp. Executives have too
             | much power relative to shareholders.
        
             | xyzzy21 wrote:
             | The literal value is their share price x total shares.
             | 
             | The notional value is at best the NPV of future profit
             | streams. However Twitter's track record on profits are
             | dismal so the claim is dubious legally.
        
               | rileymat2 wrote:
               | No, that's only for shares trading at the moment.
               | Otherwise buyouts would not have the premium they
               | normally do.
        
               | randyrand wrote:
               | Share prices go up as you buy a company because you buy
               | from the people that value their shares least first.
               | 
               | You can't just multiply the current price and expect
               | everyone to be willing to sell for that amount.
        
               | systemvoltage wrote:
               | What if someone is unwilling to sell? Or at an
               | unreasonable price, say $100M/share?
        
             | paxys wrote:
             | Somewhere between 50% to 100% is the standard premium in
             | all such acquisitions. As it stands Musk is offering 17%
             | extra. Of course that takes the existing bump that the
             | stock got from his initial purchase into consideration, but
             | investors already have the ability to cash out at the
             | current price so that lessens the attractiveness of the
             | offer.
        
               | cdash wrote:
               | No, they don't really have the ability to cash out at
               | current price. Maybe the smalltime investor but if any
               | large institution tried to cash out the share price will
               | tank. Just like it will tank when Musk ends up selling
               | his shares.
        
           | Proven wrote:
        
           | Siira wrote:
           | Which is a big problem in having a fair economy.
        
         | systemvoltage wrote:
         | What are the options for Elon Musk if he really wanted to
         | counter this poison pill?
        
           | pm90 wrote:
           | Pay a lot of money.
        
           | grapehut wrote:
           | Have multiple entities buy shares
        
             | teeray wrote:
             | I wonder if these could be Tesla, The Boring Company, and
             | SpaceX?
        
               | yieldgap wrote:
               | The poison pill will apply to "groups" as well, so don't
               | think that would work
        
             | JyB wrote:
             | Is this legal?
        
           | SnowHill9902 wrote:
           | He could use the infamous antidote clause.
        
             | emerged wrote:
             | I think that clause has to be administered within a few
             | hours and that time has already passed. It may be necessary
             | to amputate a portion of the company.
        
           | masterof0 wrote:
           | Sell all of his stock, and call out the execs publicly.
        
       | [deleted]
        
       | stevespang wrote:
        
       | captainmuon wrote:
       | I wonder what stops Musk from buying 14.8%, and then lending
       | money to a few friends who each buy 14.8% and agree to vote in
       | his interest? If there is just a gentleman's agreement between
       | them, then he would not be considered the beneficial owner?
       | 
       | Then they could replace the board, repeal the shareholder rights
       | plan, and the friends would pay back Musk's debt in Twitter
       | shares.
       | 
       | This is such an obvious loophole, surely there is a legal
       | provision against it?
        
         | bspammer wrote:
         | I genuinely wonder if Elon Musk has friends, in the same way
         | that you or I mean the word. I'm sure he has a great many
         | people trying to get close to him, but when there's such an
         | obvious incentive for the other party I can imagine it being
         | hard to trust anyone.
        
         | argonaut wrote:
         | The poison pill specifically mentions groups.
         | 
         | https://www.prnewswire.com/news-releases/twitter-adopts-limi...
        
       | [deleted]
        
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