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Twitter Sees First Win in Legal Case Against Elon Musk, as Musk Looks to Exit Twitter Takeover Deal

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Elon Musk Launches Hostile Takeover Bid for Twitter

This probably doesn’t bode well for Elon Musk’s chances at wriggling out of his $44 billion Twitter takeover bid.

Today, Delaware’s Court of Chancery has ruled in Twitter’s favor for an expedited trial in the Musk acquisition case, with Musk and Co. given just five days to present their argument as to why Musk should be allowed to pull out of the deal. The case has been scheduled for October.

The Chancellor reportedly only needed 10 minutes to come to a decision.

Musk’s legal team had sought to extend the length of the trial, arguing that it needs more time to review the data required, and that Twitter is seeking to obfuscate its figures on fake and spam accounts by expediting the timeline, which Musk’s team says is the key reason for pulling out of the deal.

But in another potential blow for Musk’s chances, Chancellor Kathaleen McCormick said that addressing this element is not necessary, since “nothing in the merger agreement turns on that question.”

As reported by CNBC, Twitter’s lawyers argued that a quick trial is necessary ‘in order stop the ongoing harm Twitter has experienced from the uncertainty of the deal’s closure and alleged disparagement by Musk’.

Musk has been very vocal, and very public, in his criticism of the company, and its claim that only 5% of its active accounts are spam and/or bots. Musk has also criticized Twitter’s leadership, its prospects, its board – basically, Musk has been open in his disdain for the company, almost from the beginning of his takeover push.

Twitter says that Musk’s actions have violated the non-disparagement clause in the takeover agreement, and it seems inevitable that Twitter will eventually also argue that Musk has caused significant monetary harm to the company due to his attacks, which will be difficult for Twitter to fully recover from, whether Musk is forced to pay up or not.

Which is another key consideration. Right now, Twitter is almost in a lose-lose scenario – either it ends up in a worse market position, and it has to pick up the pieces as Musk exits the deal, or it winds up being owned by someone who clearly no longer wants it, which is an uncertain outcome in itself.

And if Musk is forced to buy it, what then? Will Musk be able to put aside the bitterness of the takeover dispute to then build Twitter into a significant, valuable business?

It’s pretty much a mess all around – and Twitter employees now have to deal with at least another three months of this, as they await the legal trial.

The human impacts, in this sense, are significant. And while speculation swirls around Musk’s real motivation for his decision to exit the bid, the bottom line increasingly seems to be that Musk will have to pay, with any attempts to either reduce the bid price, or side-step the contract terms, likely negated by Musk’s own public statements and comments.

Which Musk seems to believe will have little bearing – and for good reason, given that Musk has avoided responsibility for such in the past.

Back in 2019, Musk was sued for defamation after he leveled unfounded claims, via tweet, that a member of a cave rescue team working to save a group of trapped youngsters in Thailand was a ‘pedo guy’.

Musk’s legal team argued that, as Musk did not mention the victim by name within the offending tweet, that it was unclear whom exactly Musk was referring to, which negates the defamation claim. The court ultimately agreed, and that case seems to have emboldened Musk to say whatever he likes via tweet, knowing that he can probably find legal loopholes to disown such opinions in retrospect, by being careful in who he does and doesn’t refer to directly in his comments.

You can expect to see Musk’s legal team refer to this again in the upcoming Twitter trial, which likely explains by Musk’s tweets about the case remain fairly cryptic.

Either way, though, the outcome for Twitter is not good – while Twitter also knows that Musk is trying to extend the timeline for the trial, which could then complicate his financing for the deal, another potential out for the billionaire.

It’s a sad next stage for what once seemed to be a positive move for the app’s future, at least to some analysts and supporters. Many viewed Musk as a potential savior for the platform, with his genius to lead Twitter into a new phase of life.

Now, that seems like an afterthought. And when all the current board members and execs get paid as a result of the Musk deal, if it indeed does go through, what then?

Will Musk even be able to fix this, if he is forced to become Tweeter in chief?



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YouTube Adds New Analytics Cards, Simplifies its ‘Product Drops’ Feature

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YouTube Adds New Analytics Cards, Simplifies its ‘Product Drops’ Feature

YouTube’s making some updates to its Product Drops feature within live streams, while it’s also adding some new analytics cards, and testing a new format for its TV app.

First off, on Product Drops. YouTube’s changing the requirements for Product Drops in live streams so that more creators will be able to include drops to highlight their items.

Up till now, Product Drops have only been available to creators who’ve connected their Shopify stores, or have access to Google Merchant Center, while creators have also had to plan Product Drops in advance, and schedule them via Live Control Room. But now, YouTube’s giving more creators more ways to access the feature.

As per YouTube:

“Any creators who have connected to their first party stores, or are participating in the YouTube Affiliate Program can set up Product Drops in the live control room on YouTube. This means that more creators will be able to use Product Drops to boost sales and engagement on their live streams.”

YouTube will also now enable creators to implement Product Drops at any time during a live stream, eliminating the pre-planned requirement.

“This will give creators more flexibility to react to the moment, and drive excitement in real time.”

YouTube says that many creators have seen good response to their Product Drops, with the interactive, engaging process helping to drive hype, and spark more response from viewers.

Product Drops are available via the Live Control Room in YouTube Studio. You can read more about how they work here.

YouTube’s also updating its Community Posts creation flow, in order to simplify the process, and ideally get more channels posting text-based updated in the app.

Community Posts remain a lesser element, though YouTube’s been working to make them a bigger focus throughout the year, by adding additional engagement elements like pollsquizzesdisappearing updates, and more.

Simplifying the creation process is another step in boosting awareness, and potentially driving more interaction with you YouTube audience.

YouTube’s also adding some new revenue analytics cards, including “Total Members” insights (which includes subscriber data) and “Where Members Joined From”, which will provide more insight into what’s driving channel growth.

YouTube’s also adding new data on why users have canceled their membership within the insights tab in YouTube Analytics.

YouTube analytics cards

As you can see in this example, the new card will show the reasons why people have opted to stop their subscription to your channel, based on responses provided in the cancellation flow.

Finally, YouTube’s also experimenting with a new format for its TV app, which will make it easier to access different elements.

YouTube TV app

As you can see in this example, shared by 9t05Google, the new format will include bigger buttons to access different elements, and further customize your YouTube experience on the bigger screen.

Connected TV is the fastest growing viewer segment for YouTube, with more and more people now looking to consume YouTube content on their home TV set. As such, it makes sense for YouTube to roll out more updates aligned with big screen viewing in order to feed into this usage.

Some handy updates, across various elements, which are worth noting as you go about managing your YouTube presence.

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Musk regrets controversial post but won’t bow to advertiser ‘blackmail’

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Elon Musk's comments at the New York Times' Dealbook conference drew a shocked silence

Elon Musk’s comments at the New York Times’ Dealbook conference drew a shocked silence – Copyright GETTY IMAGES NORTH AMERICA/AFP Slaven Vlasic

Elon Musk apologized Wednesday for endorsing a social media post widely seen as anti-Semitic, but accused advertisers who are turning away from his social media platform X of “blackmail” and said anyone who does so can “go fuck yourself.”

The remark before corporate executives at the New York Times’ Dealbook conference drew a shocked silence.

Earlier, Musk had apologized for what he called “literally the worst and dumbest post that I’ve ever done.”

In a comment on X, formerly Twitter, Musk on November 15 called a post “the actual truth” that said Jewish communities advocated a “dialectical hatred against whites,” which was criticized as echoing longtime conspiracy theory among White supremacists.

The statement prompted a flood of departures from X of major advertisers, including Apple, Disney, Comcast and IBM who criticized Musk for anti-semitism.

“I’m sorry for that tweet or post,” Musk said Wednesday. “It was foolish of me.”

He told interviewer Andrew Ross Sorkin that his post had been misinterpreted and that he had sought to clarify the remark in subsequent posts to the thread.

But Musk also said he wouldn’t be beholden to pressure from advertisers.

“If somebody’s gonna try to blackmail me with advertising, blackmail me with money?” Musk said. “Go fuck yourself.”

But the billionaire acknowledged that there were business implications to the advertiser actions.

“If the company fails… it will fail because of an advertiser boycott” Musk said. “And that will be what will bankrupt the company.”

Musk, who met with Israeli Prime Minister Benjamin Netanyahu during a visit to Israel earlier this week, insisted in the interview that he holds no discrimination against Jews, calling himself “philo-Semitic,” or an admirer of Judaism.

During the interview, Musk wore a necklace given to him by a parent of an Israeli hostage taken in the Hamas attack on October 7. The necklace reads, “Bring Them Home.”

Musk told Sorkin that the Israel trip had been planned earlier and was not an “apology tour” related to the controversial tweet.

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TikTok Encourages Creators To Make Longer Videos, With Focus On Ad Revenue 11/30/2023

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TikTok Encourages Creators To Make Longer Videos, With Focus On Ad Revenue 11/30/2023

With a need to expand its advertising business, TikTok is now fully focused on the output of long-form videos.

A new report by The Information shows the company’s recent efforts to convince
creators to put out longer videos in order to provide more room for ad placements.

According to the …



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