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this post was submitted on 21 Nov 2023
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Could be a messy enough distinction to confuse a judge or jury into thinking they were manufacturing it
Possibly. Hopefully not.
That's how Tesla won their most recent case with an autopilot failure. They acknowledge that the car did indeed drive itself into a tree. But that the company did not knowingly sell a defective product as they routinely update the vehicle.
That wasn't the argument that won the day for them, but it was the argument that allowed them to start on a way more technical footing that would allow them to misdirect the court to focus more on any driver impairments.
Musk's lawyers are insanely good at misdirection, they are some of the best at this one particular thing. Additionally, the case was file in an incredibly friendly court to Musk, so it's likely the Judge will be willing to go down the rabbit hole of insanely technical arguments while losing sight of the more broad questions.
There is a lot stacked up against Media Matters here.
All good points, except then they were on defense. Now they’re on offense trying to accuse someone else of malicious harm, when all MM did was create a new profile, then follow accounts and refresh. Sure, it was an abnormal amount of times unless you’re a caffeinated doomscroller, but otherwise they didn’t fake or insert anything. So it would seem like MM is on at least as good of defense footing here. Maybe.
Yeah, I dont see how twitters argument that "they followed nazis and looked at their pages enough to see these ads from major corporations" is some kind of slam dunk.
I mean, yeah, thats how you have your website setup. You let nazis on, you let people follow them, and you put ads next to nazis. Sounds like thats what twitter specifically designed to happen, and they are enraged that soemone proved it.
Pretty fucking stupid lawsuit.