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Tesla’s ventilator donations are being used to provoke Elon Musk into another controversy

(Credit: Tesla/YouTube)

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During a global pandemic, an optimist would hope that people would work together to help those in need out of the common good. A pessimist would suggest that such circumstances would bring out the worst in people instead. Recent developments in the media coverage of Elon Musk and Tesla’s ventilator donations suggest that the pessimist is right. At times like these, there are entities who choose to provoke people that are willing to help–all for the sake of controversy. 

Elon Musk is no stranger to controversy, both self-inflicted or otherwise. Over the past years, Musk has butted heads with several entities, from regulators like the SEC to journalists who tend to cover Tesla with pervading negative slant. Some of these bouts have resulted in a lot of pain for Musk and even Tesla shareholders. An example of this is Musk’s spat with British caver Vern Unsworth, whose defamation case against the CEO over comments following the Thailand cave rescue triggered some TSLA stock swings and extensive coverage from multiple premier news outlets. 

Musk has a strong tendency to correct misleading reports. Take CNN’s recent coverage of Tesla’s ventilator donations, for example. The news outlet published a report alleging that no ventilators have reached CA hospitals despite Musk’s commitment to do so. Musk then took it upon himself to correct the report, showing messages between Tesla and the medical professionals from the state communicating about the donated machines and their use. 

This, of course, triggered even more staff from CNN to double down, alleging that the non-invasive ventilators donated by Tesla weren’t ventilators at all, despite medical professionals stating that the machines are invaluable for non-critical coronavirus cases. The BiBAPs and CPAPs donated by Tesla could even be retrofitted using a simple modification to work for critical cases. Tesla has also started delivering actual invasive ventilators to hospitals, on top of the company’s efforts to develop its own ventilator using Model 3 parts

Anyone with an iota of sense would see that Tesla and Musk are pretty much doing what they can to address the needs of medical professionals as much as possible. Are the BiBAPs and CPAP’s donated by Musk useful in the battle against the coronavirus? Medical professionals, government officials, and CEOs of actual ventilator makers would agree. Can the machines be modified to work for more severe cases? The doctors at Mt. Sinai Hospital in New York say it’s actually pretty simple to do so. With this in mind, it seems like a no-brainer to conclude that the machines Tesla donated are indeed helping in the battle against the ongoing pandemic. 

https://twitter.com/AngelNDevil2/status/1250865241031872512?s=20

This point was lost entirely in critical articles that have been published about Musk and Tesla’s donations from outlets such as CNN. One who is unfamiliar with the events that led up to Musk’s recent Twitter interactions would likely think that the Tesla CEO brazenly lied when he committed to donating free ventilators, instead giving away cheap machines that are useless against the C-19 virus. Critics would even refuse to acknowledge non-invasive machines as actual ventilators, despite authorities such as John Hopkins listing them as such.

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A key thesis against Musk alleges that he lied about ventilator donations to get some free PR and goodwill. This does not hold water, as Tesla and Musk already receive an insane amount of media coverage, and the company is scrutinized consistently by the media and critics from Wall Street. Thus, the idea of Musk wanting more media coverage to stroke his ego does not seem to make sense, considering that he and his companies actually get a little bit too much coverage. With this in mind, it appears that CNN’s recent reports about Tesla’s ventilator donations, as well as the succeeding tweets from the media outlet’s staff doubling down on their narrative, are designed to do one thing. They are posted to provoke Musk, until such a time when he actually responds with something concretely controversial. 

Something similar has happened before. Mention Musk’s name with the Thai cave rescue and many will likely remember the CEO’s incendiary comments against British caver Vern Unsworth. A popular narrative for the event also alleges that Musk stuck his nose into the rescue without prompting so he can get free PR, and that he “attacked” the caver just because he wanted to. The fact that Musk was invited to help, that his team was in close communication with rescuers, and that the caver initiated the verbal spat, are largely forgotten. These experiences, as painful as they may be, must now stand as a huge lesson to Elon Musk. 

Musk is no stranger to controversies with the media, and having gone through significant pains over the years because of them, he must handle the ongoing attempts to provoke him with extreme caution. At this point, Musk’s critics (and apparently, CNN staff) are practically salivating at the prospect of the CEO firing off a tweet that can be interpreted as a direct act of aggression against the news outlet or any of its staff. So far, Musk’s responses have been sarcastic, and that’s fine and true to his personality. But the Tesla CEO must be aware that he is not playing a fair game here. Every point of syntax and semantics can and will be exploited to fit a narrative, even if it means twisting the context of a statement. With this in mind, Musk’s best strategy for now is to proceed with a ton of caution, or complete silence. 

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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Tesla and SpaceX take “Terafab” Trademark fight to Federal Court

Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.

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SpaceX Terafab rendering

Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.

The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.

What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.

Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry

By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.

TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.

Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.

The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.

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NHTSA just escalated its Tesla Cybercab investigation in a big way

NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.

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Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.

The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.

Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.

The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.

Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.

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Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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