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Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval
Elon Musk’s request to delay his trial against Twitter has been denied by a Delaware court. However, Musk’s request to include the claims put forth by whistleblower and former Twitter security chief Peiter “Mudge” Zatko in his countersuit against the social media company has also been approved.
The ruling was outlined by Chancellor Kathaleen McCormick in a letter. With this in mind, Elon Musk has gained a small win and a loss in his initial session with Twitter in court. Musk’s legal team had requested to push the trial back to mid-November, but with the rejection of the request, the trial is still expected to begin on October 17, 2022.
“Defendants’ motion to extend the case schedule is denied… In arguing that trial should be delayed by at least four weeks, Defendants contend that no external deadline creates any urgency. They observe that the merger agreement’s “termination date of October 24, 2022is automatically stayed if litigation is commenced, and debt financing has an outside date of April 25, 2023.”
“They adduce, therefore, that ‘any prejudice to Twitter can be easily mitigated by . . . continu[ing] the trial date.’ But the opposite is true. I previously rejected Defendants’ arguments in response to Twitter’s motion to expedite, making clear that the longer the delay until trial, the greater the risk of irreparable harm to Twitter. Indeed,Twitter has represented that the anticipated risk of harm has materialized over the course of this litigation.
“Twitter ‘has suffered increased employee attrition,’ which ‘undermin[es]the company’s ability to pursue its operations goals. The company has been forced for months to manage under the constrains of a repudiated merger agreement, including Defendants’ continued refusal to provide any consents for matters under the operating covenants. ‘I am convinced that even four weeks’ delay would risk further harm to Twitter too great to justify,” McCormick wrote.
But while Musk’s efforts to delay the trial were unsuccessful, the Tesla CEO’s efforts to augment his countersuit with former Twitter security chief Peiter Zatko’s whistleblower complaint were successful. Zatko had accused Twitter of fraud while also noting that the social media company did not really care to find out how many of its users were spam or fake accounts. Twitter, for its part, has been dismissive of Zatko’s whistleblower complaints.
Twitter lawyers, during their session in a Delaware Chancery court on Tuesday, claimed that Zatko’s accusations do not meet the legal standard to nullify its merger contract with Musk even if they were true. Twitter’s legal team also noted that while Zatko did raise security concerns during his tenure with the company, Twitter investigated the issues internally and found that the security chief’s concerns were “without merit.”
McCormick, however, does not seem to agree with Twitter’s legal team on the issue.
“Defendant’s motion to amend is granted… The newly published Whistleblower Complaint would be grounds in most instances to permit an amendment under the low bar of Rule 15(a). Twitter argues that the amendment would be futile, but their arguments falter against the exceedingly movant-friendly standard of Rule 15(a). I am reticent to say more concerning the merits of the counterclaims at this posture before they have been fully litigated. The world will have to wait for the post-trial decision.
“Twitter also argues that the amendment would be prejudicial to the extent it would expand discovery and extend the case schedule, and Twitter’s arguments to this effect are far more forceful than Twitter’s futility arguments. But that prejudice can be mitigated by cabining additional discovery to the new allegations and maintaining the existing case schedule. So that is what I will do,” McCormick wrote.
Chancellor Kathaleen McCormick’s letter can be viewed below.
Letter Decision Resolving Defendants' Motion for Leave to Amend and Extend Case Schedule (003) by Simon Alvarez on Scribd
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Elon Musk
Elon Musk fires back after Wikipedia co-founder claims neutrality and dubs Grokipedia “ridiculous”
Musk’s response to Wales’ comments, which were posted on social media platform X, was short and direct: “Famous last words.”
Elon Musk fired back at Wikipedia co-founder Jimmy Wales after the longtime online encyclopedia leader dismissed xAI’s new AI-powered alternative, Grokipedia, as a “ridiculous” idea that is bound to fail.
Musk’s response to Wales’ comments, which were posted on social media platform X, was short and direct: “Famous last words.”
Wales made the comments while answering questions about Wikipedia’s neutrality. According to Wales, Wikipedia prides itself on neutrality.
“One of our core values at Wikipedia is neutrality. A neutral point of view is non-negotiable. It’s in the community, unquestioned… The idea that we’ve become somehow ‘Wokepidea’ is just not true,” Wales said.
When asked about potential competition from Grokipedia, Wales downplayed the situation. “There is no competition. I don’t know if anyone uses Grokipedia. I think it is a ridiculous idea that will never work,” Wales wrote.
After Grokipedia went live, Larry Sanger, also a co-founder of Wikipedia, wrote on X that his initial impression of the AI-powered Wikipedia alternative was “very OK.”
“My initial impression, looking at my own article and poking around here and there, is that Grokipedia is very OK. The jury’s still out as to whether it’s actually better than Wikipedia. But at this point I would have to say ‘maybe!’” Sanger stated.
Musk responded to Sanger’s assessment by saying it was “accurate.” In a separate post, he added that even in its V0.1 form, Grokipedia was already better than Wikipedia.
During a past appearance on the Tucker Carlson Show, Sanger argued that Wikipedia has drifted from its original vision, citing concerns about how its “Reliable sources/Perennial sources” framework categorizes publications by perceived credibility. As per Sanger, Wikipedia’s “Reliable sources/Perennial sources” list leans heavily left, with conservative publications getting effectively blacklisted in favor of their more liberal counterparts.
As of writing, Grokipedia has reportedly surpassed 80% of English Wikipedia’s article count.
News
Tesla Sweden appeals after grid company refuses to restore existing Supercharger due to union strike
The charging site was previously functioning before it was temporarily disconnected in April last year for electrical safety reasons.
Tesla Sweden is seeking regulatory intervention after a Swedish power grid company refused to reconnect an already operational Supercharger station in Åre due to ongoing union sympathy actions.
The charging site was previously functioning before it was temporarily disconnected in April last year for electrical safety reasons. A temporary construction power cabinet supplying the station had fallen over, described by Tesla as occurring “under unclear circumstances.” The power was then cut at the request of Tesla’s installation contractor to allow safe repair work.
While the safety issue was resolved, the station has not been brought back online. Stefan Sedin, CEO of Jämtkraft elnät, told Dagens Arbete (DA) that power will not be restored to the existing Supercharger station as long as the electric vehicle maker’s union issues are ongoing.
“One of our installers noticed that the construction power had been backed up and was on the ground. We asked Tesla to fix the system, and their installation company in turn asked us to cut the power so that they could do the work safely.
“When everything was restored, the question arose: ‘Wait a minute, can we reconnect the station to the electricity grid? Or what does the notice actually say?’ We consulted with our employer organization, who were clear that as long as sympathy measures are in place, we cannot reconnect this facility,” Sedin said.
The union’s sympathy actions, which began in March 2024, apply to work involving “planning, preparation, new connections, grid expansion, service, maintenance and repairs” of Tesla’s charging infrastructure in Sweden.
Tesla Sweden has argued that reconnecting an existing facility is not equivalent to establishing a new grid connection. In a filing to the Swedish Energy Market Inspectorate, the company stated that reconnecting the installation “is therefore not covered by the sympathy measures and cannot therefore constitute a reason for not reconnecting the facility to the electricity grid.”
Sedin, for his part, noted that Tesla’s issue with the Supercharger is quite unique. And while Jämtkraft elnät itself has no issue with Tesla, its actions are based on the unions’ sympathy measures against the electric vehicle maker.
“This is absolutely the first time that I have been involved in matters relating to union conflicts or sympathy measures. That is why we have relied entirely on the assessment of our employer organization. This is not something that we have made any decisions about ourselves at all.
“It is not that Jämtkraft elnät has a conflict with Tesla, but our actions are based on these sympathy measures. Should it turn out that we have made an incorrect assessment, we will correct ourselves. It is no more difficult than that for us,” the executive said.
Elon Musk
Music City Loop could highlight The Boring Company’s real disruption
The real story behind the tunneling startup’s Nashville tunnel project is the company’s targeted $25 million per mile construction cost.
Recent commentary on social media has highlighted what could very well prove to be The Boring Company’s real disruption.
The analysis was shared by tech watcher Aakash Gupta on social media platform X, where he argued that the real story behind the tunneling startup’s Nashville tunnel project is the company’s targeted $25 million per mile construction cost.
According to Gupta’s breakdown, Nashville’s 2018 light rail proposal was priced at roughly $200 million per mile. New York’s East Side Access project reportedly cost about $3.5 billion per mile, while Los Angeles Metro expansion projects have approached $1 billion per mile.
By comparison, The Boring Company has stated it can construct 13 miles of twin tunnels in the Music City Loop for between $240 million and $300 million total. That implies a cost near $25 million per mile, or roughly a 95% reduction from industry averages cited in the post.
Several technical departures from conventional tunneling allow the Boring Company to lower its costs, from its smaller 12-foot diameter tunnels to its fully electric Prufrock machines that are designed to mine continuously with no personnel inside the tunnel and their capability to “porpoise” for easy launch and retrieval.
Tesla and Space CEO Elon Musk responded to the post on X, stating simply that “Tunnels are so underrated.”
The Boring Company has seen some momentum as of late, with the company recently signing a construction contract in Dubai and the Universal Orlando Loop progressing. Recent reports have also pointed to tunnels potentially being constructed to solve traffic congestion issues near the Giga Nevada area.
While The Boring Company’s tunnels have so far been used for Loop systems publicly for now, Elon Musk recently noted that the tunneling startup’s underground passages would not be limited only to ride-hailing vehicles.
In a reply to a post on X which discussed the specifications of the Music City Loop, Musk clarified that “any fully autonomous electric cars can use the tunnels.” This suggests that vehicles potentially running systems like FSD Supervised, even if they are not Teslas, could be used in systems like the Music City Loop in the future.
Elon Musk fires back after Wikipedia co-founder claims neutrality and dubs Grokipedia “ridiculous”
Tesla Sweden appeals after grid company refuses to restore existing Supercharger due to union strike
