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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.

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.”

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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

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

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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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Autonomous vehicle red tape gets slashed by Trump Administration

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Credit: Zoox

The Trump Administration today made several key moves to help with the deployment of autonomous vehicles by cutting overreaching red tape that has stifled growth and innovation for years.

The moves, which were put forth by the National Highway Traffic Safety Administration (NHTSA), aim to grant temporary exemptions to at least one company currently, although that could expand in the coming months. Additionally, it will work with organizations to develop standards and a sound but efficient regulatory landscape.

Zoox is the only company mentioned explicitly by the Trump Administration in its press release announcing the new terms today. They will receive a temporary two-year exemption that will allow the commercial deployment of up to 2,500 vehicles annually for two years.

There is a potential exemption for Robomart, Inc., which “requests a temporary exemption from certain FMVSS No. 500 requirements for a low-speed vehicle operated by an ADS without a human driver onboard. NHTSA will publish a separate notice seeking public comment on its merits once the initial evaluation is complete,” the agency said.

Here are the five new terms that Secretary Sean Duffy has implemented through the NHTSA today:

  1. Allow Zoox to commercially deploy its robotaxis through a temporary exemption.
    This temporary exemption will allow the commercial deployment of up to 2,500 vehicles annually for two years, subject to an enhanced, adaptable oversight structure that can evolve as Zoox’s technology advances.
  2. Accelerate development of first-ever AV performance standards through a partnership with SAE Industry Technologies Consortia (ITC).
    This partnership will fund a three-year, $5 million “A2SCEND” consortium, bringing together experts to gather data and accelerate creation of the first-ever AV performance standards. This project will inform a single national standard for AV safety to eliminate the patchwork regulatory landscape that has stifled innovation for years.
  3. Publish an interim final rule that allows vehicles manufactured prior to an exemption to be eligible for a commercial deployment exemption.
    This rule will modernize the application process and improve access to exemptions for innovators, including AV developers, by granting the NHTSA Administrator the discretion to apply temporary exemptions to vehicles manufactured prior to the effective date of an exemption grant.
  4. Streamline the application process for Part 555 exemptions by updating guidance and soliciting feedback from the public.
    By updating the Part 555 exemption process—which allows automakers to temporarily sell a limited number of non-compliant vehicles, primarily to test new technologies—NHTSA is aiming to create a more flexible oversight structure for exemptions and summarize recent AV framework activities, including expanded exemption pathways, streamlined crash reporting, and ongoing efforts to modernize Federal Motor Vehicle Safety Standards (FMVSS).
  5. Establish a new Federal Docket for public feedback on NHTSA’s updated safe AV development and deployment guidance.
    NHTSA is updating its technical guidance for AVs for the first time since 2017—focusing on key safety areas like emergency responder interactions, safety management systems, remote assistance, and post-crash behavior to help the industry scale up driverless deployments safely.

Additionally, the NHTSA said it has modernized some safety standards by proposing updates to:

  • FMVSS 102 – Transmission shifting
  • FMVSS 103/104 – Windshield defrosting and wiping
  • FMVSS 110 – Tire placards
  • FMVSS 135 – Braking systems
  • FMVSS 101 – Controls and displays
  • FMVSS 108 – Vehicle lighting
  • FMVSS 111 – Mirrors and rearview display
  • FMVSS 126 – Electronic stability control systems
  • FMVSS 201/208 – Sun visors and warning labels

These changes aim to make the regulatory process for autonomous vehicles more streamlined and efficient, which could help the U.S. gain dominance over autonomous vehicle systems moving forward.

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Elon Musk has a crazy prediction about AI in two years

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Daniel Oberhaus, CC BY-SA 4.0 , via Wikimedia Commons

Elon Musk is, in many respects, one of the biggest and most influential figures in modern-day artificial intelligence.

Given that Tesla, SpaceX, and xAI are all looked at in their respective fields as leaders to an extent, each of them has a heavy influence on the future of AI, even though two of them are not thought of, at face value, as AI companies.

Musk has grand expectations for what is to come with AI, not only as a form of assistance to make human lives easier, but to make humans multiplanetary and solve some of the biggest issues that face us today. But even he is astounded by AI’s pace of progress.

He believes that in two years, AI will be so mind-blowing it might be unrecognizable.

This progress can be seen in a variety of ways, but perhaps the most popular way people have shown AI’s progress, especially on social media, is through an incredibly arbitrary way of watching Will Smith eat spaghetti:

This is a great way to show people how AI is improving, especially from a perspective that examines how it can manufacture images and video from prompts. AI is an incredibly complex concept, however, and it goes much deeper than Will Smith eating Italian food.

Musk’s most widely adopted method of AI is likely Tesla Full Self-Driving, which impacts millions of people as they utilize it to increase safety with their travel. Musk has routinely pushed incredibly aggressive timelines for self-driving, especially unsupervised.

Perhaps this perspective is why he feels that things will be solved in a timeframe that is much more aggressive than most of us would think. Regardless, the progress of AI is moving fast, and it seems that Musk’s expectations for it could be high.

But if it can actually achieve full-length motion pictures and even more realistic production value, it will be hard to distinguish between reality and AI very soon.

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Tesla just built it 10 millionth car

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Credit: Tesla

Tesla just officially confirmed it has built its 10 millionth car, a major milestone for the company that started producing sustainable electric powertrains less than two decades ago.

In that time, Tesla has truly revolutionized the automotive industry, disrupting the idea of what a car should be, how it should be fueled, and how it truly impacts day-to-day life.

Tesla achieved this feat across four production facilities: the Fremont Factory in Fremont, California, Gigafactory Shanghai in China, Gigafactory Berlin in Germany, and Gigafactory Texas in Austin, Texas.

The 10 millionth vehicle was a Diamond Black Model Y.

Over the course of the past roughly 18 years, Tesla has evolved its lineup from a sporty sedan built on a Lotus body to a lineup of various body styles, performance metrics, and other characteristics that make each one unique.

This is an incredible achievement for a company that is young compared to what it goes up against. When Tesla entered the automotive market, Ford, GM, and Stellantis widely dominated the playing field. Since then, Tesla has caused such a disruption that these three massive brands had to scramble to create EV projects of their own.

Despite their best efforts, they have not been able to match the prowess or the effectiveness of Tesla. They are all reliant on Tesla’s charging infrastructure, their software is inferior, and their self-driving projects are elementary in comparison.

Tesla felt its fair share of growing pains over the years as well. As recent at 2019, there were complaints about build quality, paint quality, and overall luxuriousness. These things have all been improved upon through the company’s maturity, and these strides in quality have led to this 10 million vehicle production achievement, something that other small-and-scrappy EV makers will hope to accomplish one day.

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