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Judge clears path for Elon Musk’s OpenAI lawsuit to go before a jury

The decision maintains Musk’s claims that OpenAI’s shift toward a for-profit structure violated early assurances made to him as a co-founder.

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Gage Skidmore, CC BY-SA 4.0 , via Wikimedia Commons

A U.S. judge has ruled that Elon Musk’s lawsuit accusing OpenAI of abandoning its founding nonprofit mission can proceed to a jury trial. 

The decision maintains Musk’s claims that OpenAI’s shift toward a for-profit structure violated early assurances made to him as a co-founder. These claims are directly opposed by OpenAI.

Judge says disputed facts warrant a trial

At a hearing in Oakland, U.S. District Judge Yvonne Gonzalez Rogers stated that there was “plenty of evidence” suggesting that OpenAI leaders had promised that the organization’s original nonprofit structure would be maintained. She ruled that those disputed facts should be evaluated by a jury at a trial in March rather than decided by the court at this stage, as noted in a Reuters report.

Musk helped co-found OpenAI in 2015 but left the organization in 2018. In his lawsuit, he argued that he contributed roughly $38 million, or about 60% of OpenAI’s early funding, based on assurances that the company would remain a nonprofit dedicated to the public benefit. He is seeking unspecified monetary damages tied to what he describes as “ill-gotten gains.”

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OpenAI, however, has repeatedly rejected Musk’s allegations. The company has stated that Musk’s claims were baseless and part of a pattern of harassment.

Rivalries and Microsoft ties

The case unfolds against the backdrop of intensifying competition in generative artificial intelligence. Musk now runs xAI, whose Grok chatbot competes directly with OpenAI’s flagship ChatGPT. OpenAI has argued that Musk is a frustrated commercial rival who is simply attempting to slow down a market leader.

The lawsuit also names Microsoft as a defendant, citing its multibillion-dollar partnerships with OpenAI. Microsoft has urged the court to dismiss the claims against it, arguing there is no evidence it aided or abetted any alleged misconduct. Lawyers for OpenAI have also pushed for the case to be thrown out, claiming that Musk failed to show sufficient factual basis for claims such as fraud and breach of contract.

Judge Gonzalez Rogers, however, declined to end the case at this stage, noting that a jury would also need to consider whether Musk filed the lawsuit within the applicable statute of limitations. Still, the dispute between Elon Musk and OpenAI is now headed for a high-profile jury trial in the coming months.

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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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Elon Musk

Tesla’s $2.9 billion bet: Why Elon Musk is turning to China to build America’s solar future

Tesla looks to bring solar manufacturing to the US, with latest $2.9 billion bet to acquire Chinese solar equipment.

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Tesla is reportedly in talks to purchase $2.9 billion worth of solar manufacturing equipment from a group of Chinese suppliers, including Suzhou Maxwell Technologies, which is the world’s largest producer of screen-printing equipment used in solar cell production. According to Reuters sources, the equipment is expected to be delivered before autumn and shipped to Texas, where Tesla plans to anchor its next phase of domestic solar production.

The move is a direct extension of a vision Elon Musk has been building for months. At the World Economic Forum in Davos this past January, Musk announced that both Tesla and SpaceX were independently working to establish 100 gigawatts of annual solar manufacturing capacity inside the United States. Days later, on Tesla’s Q4 2025 earnings call, he made the ambition concrete: “We’re going to work toward getting 100 GW a year of solar cell production, integrating across the entire supply chain from raw materials all the way to finished solar panels.”

Job postings on Tesla’s website reflect that same target, with language explicitly calling for 100 GW of “solar manufacturing from raw materials on American soil before the end of 2028.”

Tesla job description for Staff Manufacturing Development Engineer, Solar Manufacturing

Tesla job listing for Staff Manufacturing Development Engineer, Solar Manufacturing

The urgency behind the latest solar manufacturing target is rooted in a set of rapidly emerging pressures related to AI and Tesla’s own energy business. U.S. power consumption hit its second consecutive record high in 2025 and is projected to climb further through 2026 and 2027, driven largely by the explosion in AI data centers and the broader electrification of transportation. Tesla’s own energy division, which produces the Megapack utility-scale battery storage system, has been growing rapidly, and solar supply is a critical companion component for the business to scale. Musk has argued that solar is not just a clean energy option but the only one that makes economic sense at the scale AI infrastructure demands.

Tesla lands in Texas for latest Megapack production facility

Ironically, the path to domestic solar independence currently runs through China. Sort of.

Despite Tesla’s stated push to localize its supply chain, mirrored recently by the company’s plan for a $4.3 billion LFP battery manufacturing partnership with LG Energy Solution in Michigan, Tesla still relies on China-based suppliers to keep its cost structure intact.

The $2.9 billion equipment deal underscores a tension Musk himself acknowledged at Davos: “Unfortunately, in the U.S. the tariff barriers for solar are extremely high and that makes the economics of deploying solar artificially high, because China makes almost all the solar.” Building the factory in America requires buying the machinery from the country Tesla is trying to reduce its dependence on.

Tesla named by U.S. Gov. in $4.3B battery deal for American-made cells

The regulatory pathway adds another layer of complexity. Suzhou Maxwell has been seeking export approval from China’s commerce ministry, and it remains unclear how quickly that clearance will come. Still, the market has already reacted, with shares in the Chinese firms reportedly involved in the talks surged more than 7% following the Reuters report that broke the story.

Whether Tesla can hit its 2028 target of 100GW of solar manufacturing remains an open question. Though that scale may seem staggering, especially in such a short timeframe, we know that Musk has a documented history of “always pulling it off” in the face of ambitious deadlines that may slip. But, rest assured – it’ll get done.

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Elon Musk reveals date of Tesla Full Self-Driving’s next massive release

Initially planned for a January or February release, v14.3 aims to add some reasoning and logic to the decisions that Full Self-Driving makes, which could improve a lot of things, including Navigation, which is a major complaint of many owners currently.

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Tesla CEO Elon Musk revealed the date of Full Self-Driving’s next massive release: v14.3.

For months, Tesla owners with Hardware 4 have been utilizing Full Self-Driving v14.2 and subsequent releases. Currently, the most up-to-date FSD version is v14.2.2.5, which has definitely brought out mixed reviews. With releases, some things get better, and other things might regress slightly.

For the most part, things are better in terms of overall behavior.

However, many owners have been looking forward to the next release, which is v14.3, about which Musk has said many great things. Back in November, Musk said that v14.3 “is where the last big piece of the puzzle lands.”

He added:

“We’re gonna add a lot of reasoning and RL (reinforcement learning). To get to serious scale, Tesla will probably need to build a giant chip fab. To have a few hundred gigawatts of AI chips per year, I don’t see that capability coming online fast enough, so we will probably have to build a fab.”

Initially planned for a January or February release, v14.3 aims to add some reasoning and logic to the decisions that Full Self-Driving makes, which could improve a lot of things, including Navigation, which is a major complaint of many owners currently.

Tesla Full Self-Driving v14.2 is a considerable improvement from early versions of the suite, but we have written about the somewhat confusing updates that have come with recent versions.

Tesla Full Self-Driving v14.2.2.5 might be the most confusing release ever

They’ve been incredibly difficult to gauge in terms of progress because some things have gotten better, but there seems to be some real regression on a handful of things, especially with confidence and assertiveness.

Musk confirmed today on X that Tesla is already testing v14.3 internally right now. It will hit a wide release “in a few weeks,” so we should probably expect it by late April.

Overall, there are high hopes that v14.3 could be a true game changer for Tesla Full Self-Driving, as many believe it could be the version that Robotaxis in Austin, Texas, some of which are driverless and unsupervised, are running.

It could also include some major additions, including “Banish,” also referred to as “Reverse Summon,” which would go find a parking spot after dropping occupants off at their destination.

What Tesla will roll out, and when exactly it arrives, all remain to be seen, but fans have been ready for a new version as v14.2.2.5 has definitely run its course. We have had a lot of readers tell us their biggest request is to fix Navigation errors, which seem to be one of the most universal complaints among daily FSD users.

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SpaceX’s Starship V3 is almost ready and it will change space travel forever

SpaceX is targeting April for the debut test launch of Starship V3 “Version 3”

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SpaceX is closing in on one of the most anticipated rocket launches in history, as the company readies for a planned April test launch and debut of its next-gen Starship V3 “Version 3”.

The latest iteration of Starship V3 has a slightly taller Super Heavy booster and Starship upper stage than their predecessors, and produce stronger, more efficient thrust using SpaceX’s upgraded Raptor 3 engines. V3 also features increased propellant capacity, targeting a total payload capacity of 200 tons to low Earth orbit with full reusability, compared to around 35 tons for its predecessor. With Musk’s lifelong aspiration to colonize Mars one day, the increased payload capacity matters enormously, because Mars missions require moving massive amounts of cargo, fuel, and eventually, people. But the most critical upgrade may be orbital refueling. SpaceX’s entire deep space architecture depends on moving large amounts of propellant in space, and having orbital refueling capabilities turn Starship from just a rocket into a true transport system. Without it, neither the Moon nor Mars is reachable at scale.

A fully reusable Starship and Super Heavy, SpaceX aims to drive marginal launch costs down and at a tenfold reduction compared to current market leaders. To put that in perspective, getting a kilogram of cargo to orbit today costs thousands of dollars. Bring that number down far enough and space stops being an exclusive domain. That price point unlocks mass deployment of satellite constellations, large-scale science payloads, and affordable human transport beyond Earth orbit. It also means the Moon stops being a destination we visit and starts being one we inhabit.

Elon Musk pivots SpaceX plans to Moon base before Mars

NASA expects Starship to take off for the Moon’s South Pole in 2028, with the ultimate goal of establishing a permanently crewed science station there. A successful V3 flight this spring keeps that timeline alive. As for Mars, Musk has shifted focus toward building a self-sustaining city on the Moon first, arguing that the Moon can be reached approximately every 10 days versus Mars’s 26-month alignment window. Mars remains the horizon, but the Moon is the proving ground.

Elon Musk hasn’t been shy with hyping the upcoming Starship V3 launch. In a social media post on Wednesday, he confirmed the first V3 flight is getting closer to launch. SpaceX also announced its initial activation campaign for V3 and Starbase Pad 2 was complete, wrapping up several days of cryogenic fuel testing on a V3 vehicle for the first time. The countdown is on. April can’t come soon enough.

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