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Elon Musk’s Twitter trial delay request denied, but addition of whistleblower complaint gets approval

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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.

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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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Don’t hesitate to contact us with news tips. Just send a message to simon@teslarati.com to give us a heads up.

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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Elon Musk

SpaceX just combined Grok, Cursor, and X into one mega plan

SpaceXSI merges Grok, Cursor, and X Premium into one plan, raising questions for Tesla owners.

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SpaceX Super Intelligence has rolled out The X Subscription, a single plan that combines Grok, Grok Bot, Cursor, and X Premium.

There are five levels, including a free plan that includes daily Grok access and a starter allowance for Cursor’s coding agents. Plus is $8 per month, Premium is $30, Super is $100, and Ultra is $200. Usage scales as you move up, with Premium offering four times the Plus allowance, Super 15 times, and Ultra 50 times. Annual billing brings the prices down a bit further, with Premium at $300 per year.

The $30 Premium tier is where SpaceXSI says it packs the benefits of SuperGrok, Cursor Pro, and X Premium+, which previously added up to $90 per month. Grok Bot, the agent that handles tasks like ordering food or managing a calendar, is included from Premium upward but not on Plus. Paid plans share one weekly usage pool across Grok and Cursor, and each plan includes at least twice the coding usage of the comparable Cursor plan. Third party models in Cursor remain available on Premium and above, but they are billed separately at API list prices.

That last detail matters because of what has happened around Cursor this year. SpaceX exercised its option to buy the company for $60 billion in June, and the deal closed in August. Weeks later, OpenAI said it will cut Cursor’s access to its models on November 12. Bundling Cursor with Grok usage gives SpaceXSI a reason to steer developers toward its own models.

Tesla integrates Grok Bot into its vehicles for the ultimate personal assistant

For Tesla owners, the connection is Grok Bot. Tesla brought it into its vehicles last month, and at that point access inside the car was limited to SuperGrok Heavy subscribers. Grok Bot is now enabled across every Cybercab and the rest of the Model Y Robotaxi fleet. Neither SpaceXSI nor Tesla has said how the new plans change inside the car access for owners, or whether a $30 Premium subscription now covers Grok Bot in a personal Tesla. That is the question owners will want answered first.

The company is also changing its name along the way. The rollout follows the rebrand Musk announced on October 4, when he said SpaceXAI would become SpaceXSI, and the plan page now carries that branding.

The X Subscription is available to new customers starting now, and SpaceXSI says it will reach everyone globally over the next few days. Existing SuperGrok, Cursor, and X Premium subscribers do not have to switch. The option to move will appear gradually in billing settings, with a prorated refund for the unused time on the old plan. Switching is permanent once the accounts are unified, and old plans are closed to new sign ups.

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Energy

Taiwan power firm bets big on Tesla Megapacks as AI data center thirst grows

Taiwan’s Apollo Power orders 260 Tesla Megapacks, betting AI data centers will need more electricity.

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Concept render of Tesla Megapack farm supporting an AI Data Center in Taiwan
Concept render of Tesla Megapack farm supporting an AI Data Center in Taiwan

A Taiwanese power company has ordered 260 Tesla Megapack 2XL units, roughly 1GWh of storage, betting that electricity rather than chips will decide how fast AI data centers come online. Apollo Power signed the contract with Tesla’s Taiwan energy arm on October 8, according to the company’s filing with the Taiwan stock exchange.

The filing says the units are meant for behind the meter storage and resilient grid projects, with delivery in batches from the end of 2027 and sites operating in 2028. Apollo and Tesla did not disclose a price, citing a confidentiality agreement. Apollo plans to pay for the equipment through a cash capital increase and bank financing, and it noted the purchase is not revenue and does not mean it holds firm orders from its partners.

Biggo reported that only about 33 units are under signed customer contracts, with roughly 150 more in negotiation. The same report put total project investment near NT$130 billion, but that figure includes installation work, with the equipment itself making up about 40 to 50 percent. In other words, a large share of this order is Apollo reserving supply ahead of demand. Apollo’s chairman told local media global large storage supply is tight, which is why the company locked in the units early, according to Yahoo Taiwan Finance.

Tesla Taiwan partners with Costco to sell vehicles

Apollo also launched an AI data center and grid resilience alliance with Phison, Gigabyte and Shihlin Electric. The pitch rests on a pilot at Phison’s Zhunan plant, where Apollo and Tesla Energy Taiwan installed grid forming Megapack 2XLs in June. Tesla Energy Taiwan general manager Sun Hsiao-Han said the project went from demo to 1GWh in four months, and that Tesla Energy has deployed more than 50GWh worldwide.

Taiwan’s cabinet has approved amendments that would require large energy users to install their own generation and storage, which gives enterprise storage a regulatory tailwind.

The deal fits a pattern Teslarati has tracked. Tesla’s Megablock targets 1GWh commissioned in 20 business days, a pitch aimed squarely at fast moving data center builds. Megapacks already back xAI’s Colossus in Memphis and a 400MW AI campus in Brazil. Sun Media adds that Megapack 2XL was named among the first products in Nvidia’s DSX Ready qualification for battery storage in AI factories.

Deliveries are more than a year away, so the real test is how much of that 260 unit order turns into signed customer contracts.

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Lifestyle

Tesla Cybercab and Robotaxi’s real advantage won’t be the ride service

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Concept art of a Tesla Cybercab in Las Vegas Strip as rendered via Grok

For a century, the car has asked the same thing of its owner, which is basically to pay attention. Even the best ride-hailing app like Uber or Lyft only moved the problem into someone else’s hands. You stopped driving, but you still sat in a stranger’s car, while half listening, and wondering whether to take a phone call in the car without being rude. The Cybercab has no wheel, no pedals and no driver. With Grok @bot now live inside it, it becomes something else entirely, and I think that matters more than the fleet count that everyone is tracking.

Grok @bot is an agent, not a voice assistant. A rider signs in once, and from then on can say what they need and watch it happen. Order dinner from a favorite restaurant. Fill the grocery cart. Move money, answer email, adjust a calendar, push a work project forward. Tesla engineer Yun-Ta Tsai confirmed it is enabled across every Cybercab and the rest of the Model Y fleet, and Tesla’s own pitch is that Full Self-Driving handles the commute while Grok handles the errands.

Think about what that does to a thirty minute ride. Uber sells you a trip, while Waymo sells you the same trip in a more private setting. Tesla is selling the thirty minutes themselves, returned to you with an assistant attached. Errands that used to eat a Saturday get done between pickup and drop off. The ride stops being dead time between two places and becomes a place of its own.

Tesla integrates Grok Bot into its vehicles for the ultimate personal assistant

Best of all, your Bots follow you into any Cybercab, and presumably your own Tesla, then logs you out automatically when you step out. Anyone can bolt a chatbot onto a screen, but much harder to own the vehicle, the autonomy stack and the assistant at once. It also quietly ties SpaceX’s Super Intelligence business to Tesla’s fleet, after Tesla converted its xAI stake into SpaceX equity. The relationship between those two companies is getting harder to describe as separate.

This is also where the hard questions start, because an agent that can spend your money in a vehicle other people also ride in needs some answers. How does it handle a voice it shouldn’t trust? What gets recorded, who can see it, and for how long? What happens when a rider leaves halfway through a task?

If Tesla gets those answers right, the scoreboard changes. We have been counting Cybercabs and wait times. The more telling number may be what riders accomplish per trip. That is data almost no one else will ever have, and it is the real reason to watch Grok @bot.

What do you think? Leave me a comment.

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