Read Elon Musk’s letter to CEO Satya Nadella on Microsoft ‘violating’ Twitter agreement – Times of India
Twitter owner Elon Musk has accused Microsoft of inappropriately using the social media companys data to build apps. In a letter addressed to Microsoft CEO Satya Nadella, sent by Alex Spiro, one of Musks personal attorneys, accusing the software giant of improperly using the Twitter API and Twitter data. The letter levels a number of allegations against Microsoft, and demands an audit of all the ways Microsoft collected and used Twitters data. Here's the letter: Dear Mr Nadella As you are no doubt aware, for years, Microsoft has used Twitters standard developer APIs free of charge in order to benefit from Twitters data and services in key Microsoft products that generate tens of billions of dollars in revenue for Microsoft annually. Up until last month, when it declined to pay even a discounted rate for continued access to Twitters APIs and content, Microsoft operated eight separate Twitter API apps, listed below, which appear to provide data and functionality for at least five separate Microsoft products and services, including Xbox One, Bing Pages, Azure, Power Platform, and Ads. * Xbox One Social * Bing Pages * Bing Pages * Microsoft Azure * Microsoft Power Platform * Microsoft Ads * Microsoft Global Ads * Azure Logic Apps for Fairfax By registering and using these eight Twitter API apps (collectively, the Microsoft Apps), Microsoft agreed to comply with Twitters Developer Agreement and Policy (the Agreement). However, our recent review of Microsofts activity on the Microsoft Apps indicates that Microsoft may have been in violation of multiple provisions of the Agreement for an extended period of time. For example, Twitter enforces rate limits on use of the Twitter API, which the Agreement prohibits developers such as Microsoft from exceed[ing] or circumvent[ing]. The Agreementalso prohibits use of the Twitter API in a manner that exceeds reasonable request volume orconstitutes excessive or abusive usage. Despite these limitations, the Microsoft Apps accessedTwitters APIs over 780 million times and retrieved over 26 billion tweets in 2022 alone. Indeed, for one of the Microsoft Apps, Microsofts account information outright states that itintends to allow its customers to go around throttling limits. Microsoft also appears to have used the Twitter API for unauthorized uses and purposes. The Agreement makes clear that Microsoft was obligated to disclose and obtain approval for its intended use case for each Microsoft App, and to notify Twitter of any substantive modification to those use cases. Yet Microsoft did not identify any use case for six of the eight Microsoft Apps that it continued to operate until last month. Further, at least some of the Microsoft Apps appear to have engaged in expressly prohibited use cases. For example, the Azure Logic Apps for Fairfax app supplied Twitter content to a number of Microsoft endpoints that reference agovernment entity or agency, despite the fact that the Agreement prohibits use of the Twitter APIs on behalf of any government-related entity without first identify[ing] all such Government End Users to Twitter. Yet Microsoft did not provide any such notification toTwitter. The Agreement also prohibits the registration of multiple apps for a single use case orsubstantially similar or overlapping use cases. But Microsoft registered multiple apps each forits Bing Pages, Ads, and Azure products and services, in clear violation of this provision. Several of the Microsoft Apps were also used in Microsoft applications that include automationcapabilities, including Power Platform and Ads. Per the terms of the Agreement, Microsoft wasobligated to comply with Twitters Automation Rules in its operation of these apps.2 YetMicrosofts API requests for these apps include Twitter actions that are subject to certainrestrictions on automation, including retweets and direct messages. In view of the above, Twitter hereby requests a compliance audit pursuant to the terms of theAgreement for each of the eight Microsoft Apps (identified above) through April 2023. To that end, please provide us, with respect to each of the Microsoft Apps, on a Microsoft App- by-Microsoft App basis, the following information for past two years. 1. An identification of all Twitter Content (as that term is defined in the Agreement) currently in Microsofts possession or control. 2. Records describing all Twitter Content retained by Microsoft through its use of the Twitter APIs, the manner and format in which such Twitter Content was stored, and the manner in which such Twitter Content was used by Microsoft. 3. To the extent that any Twitter Content previously retained by Microsoft has been destroyed, adescription of how such Twitter Content was destroyed. 4. Records describing all uses of the Twitter APIs for each Microsoft App, including, but not limited to the following: (a) A description of the use case for each Microsoft App, and any changes to those usecases during the past two years. (b) An identification of all Twitter Content (as that term is defined in the Agreement) currently in Microsofts possession or control.2.Records describing all Twitter Content retained by Microsoft through its use of the Twitter APIs, the manner and format in which such Twitter Content was stored, and the manner in whichsuch Twitter Content was used by Microsoft.3.To the extent that any Twitter Content previously retained by Microsoft has been destroyed, adescription of how such Twitter Content was destroyed.4.Records describing all uses of the Twitter APIs for each Microsoft App, including, but notlimited to the following: a)a description of the use case for each Microsoft App, and any changes to those usecases during the past two years; (b) an identification of any and all government-related entities served by each MicrosoftApp, and the date(s) when each such government-related entity accessed Twitter Contentor the Twitter APIs through said Microsoft App; (c)a description of any token pooling implemented in any of the Microsoft Apps,including the time period(s) when any such token pooling occurred and the number of tokens that were pooled; and (d)a description of any other means implemented in the Microsoft Apps to circumvent Twitters rate limits for the Twitter APIs. 5. A written report, signed by an authorized representative, describing Microsofts deployment of Twitter Content and the Twitter APIs in each Microsoft App prior to the termination of theMicrosoft Apps in April 2023. We remind you that the terms of the Agreement require Microsoft to provide its full cooperation and assistance with the requested compliance audit. We look forward to your prompt and full cooperation in this matter. Please provide a date certain by which Microsoft will provide the requested information, and, in any event, no later than June 7, 2023. Very truly yours, Alex Spirocc: CC: Microsoft Board of Directors, Elon Musk
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