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NASA may prematurely kill long-lived Mars rover with arbitrary wake-up deadline

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In a decision with no obvious empirical explanation, JPL’s Opportunity Mars rover project manager John Callas was quoted in an August 30th press release saying that the NASA field center would be “forced to conclude” that the dust storm-stricken rover was effectively beyond saving if it fails to come back to life 45 days after 2018’s massive dust storm can be said to have officially ended.

Over the course of that press release, Callas made a number of points that may technically hold at least a few grains of truth, but entirely fail to add up to any satisfactory explanation for the choices described therein. This is underscored in one critical and extended quote:

“If we do not hear back [from Opportunity] after 45 days, the team will be forced to conclude that the Sun-blocking dust and the Martian cold have conspired to cause some type of fault from which the rover will more than likely not recover. At that point, our active phase of reaching out to Opportunity will be at an end. However, in the unlikely chance that there is a large amount of dust sitting on the solar arrays that is blocking the Sun’s energy, we will continue passive listening efforts for several months.” – John Calwell, JPL

Scott Maxwell, a former JPL engineer who led drive planning for rovers Spirit and Opportunity, solidly explained the differences between active and passive recovery attempts:

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The JPL press release offers exactly zero explanation for the “45-day” deadline, starting the moment that dust clears from Martian skies near Opportunity to a certain degree, likely to happen within the next few weeks. Nor does it explain why “active” recovery attempts would stop at that point, despite the fact that the PR happens to directly acknowledge the fact that the best time to attempt to actively restore contact Opportunity might be after Mars’ windy season is given a chance to blow accumulated dust off of the rover’s solar arrays.

In fact, while all points Callas/the press release makes may theoretically be valid, the experiences of the actual engineers that have been operating Opportunity and MER sister rover Spirit for nearly two decades suggest that his explanations are utterly shallow and fail even the most cursory comparison with real data.

Thanks largely to a number of comments collected by The Atlantic from past, present, and anonymous employees involved with Opportunity, it would seem that there is no truly empirical way to properly estimate the amount of dust that may or may not be on the rover’s solar arrays, no rational engineering-side explanation for the 45-day ultimatum, no clear excuse for how incredibly short that time-frame is, and essentially zero communication between whoever this decision originates from and the engineers tasked with operating and restoring communications with the forlorn, 15-year old rover.

An ESA Mars orbiter captured this extraordinary photo of Mars’ 2018 dust storm front earlier this year. (ESA)

Most tellingly, this exact impromptu dust-storm-triggered hibernation already occurred several times in the past, and even resulted in the demise of Opportunity’s sister rover Spirit in 2010. The Atlantic notes that when a dust storm forced that rover into hibernation in 2010, JPL mission engineers spent a full ten months actively attempting to resuscitate Spirit, followed by another five months of passive listening before the rescue effort was called off.

Given that Opportunity’s engineers appear to believe that there is every reason to expect that the rover can, has, and should survive 2018’s exceptional Martian dust storm, the only plausible explanation for the arbitrary countdown and potentially premature silencing of one of just two active rovers on Mars is purely political and financial. While it requires VERY little money to operate scientific spacecraft when compared with manufacturing and launch costs, the several millions of dollars needed to fund operations engineers and technicians (roughly $15 million per year for Opportunity) could technically be funneled elsewhere or the employees in question could be redirected to newer programs.

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For example, the ~$200 million spent operating the rover from 2004 to 2018 could instead fund considerably less than 20% of the original cost of building and launching both Opportunity and Spirit. This is to say that that cutting operation of functioning spacecraft to save money can be quite fairly compared with throwing an iPhone in the trash because the charging cable ripped because $10 could instead be put towards buying a new phone months or years down the line.

Ultimately, all we can do is hope that Opportunity manages to successfully wake up over the course of the next two or three months. If the rover is unable to do so, chances are sadly high that it will be lost forever once active communications restoration efforts come to an end. With an extraordinarily productive 15 years of exploration nearly under its belt, Opportunity – originally designed with an expected lifespan of ~90 days – would leave behind a legacy that would fail to disappoint even the most ardent cynic. Still, if life may yet remain in the rover, every effort ought to be made to keep the intrepid craft alive.


For prompt updates, on-the-ground perspectives, and unique glimpses of SpaceX’s rocket recovery fleet check out our brand new LaunchPad and LandingZone newsletters!

Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Investor's Corner

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.

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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.

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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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