Correct. He has to prove that in court. Twitter doesn't have to prove it. He has to. Which means Twitter has the upper hand, here. They've done everything reasonable.
The firm he hired, just as he will, will claim victory, even if he just has to pay 900 milion, instead of the full billion.
I think it depends on how you count it. I am guessing they exclude banned bot accounts, but include all existing accounts that were not ever identified as a bot, even if no longer active. In other words, 5% of posts in a given period of time are originating from bots, excluding bots already detected whose posts were deleted. So while you and I can go and find a bot right now in any big news thread, those same accounts will be banned within the week and new ones come up. They are counting the new/active ones at a given time.
Why would we see anything? Any settlement will be private. You said earlier you doubt it goes to court... now you think we'll see? Which is it?
I think I read they (Twitter) couches the 5% as out of total monetizable users. As a bot isn't monetizable, 5% could be an overestimation. Probably some weird semantics game. But as Elon didn't see the need to do research before the bid and waived his right to that research means it's all academic.
The outcome is already known. Musk won't buy Twitter. Musk is going to pay some amount to Twitter. The amount will not be known, unless it's court ordered.
I don’t see Twitter wanting to take this to court. Will drag on for about 5 years and cost them a shit ton in legal fees with the potential for more damaging information coming to light. I think he either walks clean or gets a better deal.
Why would Twitter walk from a billion dollars, handed to them, in a contract, where due diligence was waived? They don't have to prove anything. He does.
Nobody thinks share holders would have a lawsuit against Twitter if they just walked from a billion dollars?
He has nearly unlimited resources, obviously in theory it wouldn’t be his shares. On the second part, that is just willfully naive. I don’t think rich people are evil for evils sake, I think they are (sometimes) evil for the sake of money. Sometimes the character traits that allow you to become super rich are the same traits that would lead you to irrationally risk it for incremental money that is not material to what you’ve already got. And even still, at that point frequently you have the power to insulate yourself from the consequences of easily proven crimes.