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NASA contracts SpaceX for a second crewed Starship Moon landing

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NASA says it exercised a contract option to purchase a second crewed Starship Moon landing from SpaceX.

Aside from its general existence, though, very little else is known about the new contract. NASA has yet to discuss when it will launch or which Artemis mission it will be attached to. A step further, it’s not actually clear why two crewed “demonstrations” are needed or what the difference between those two missions is. But more importantly, a broader Artemis Program manifest overview published days later revealed that NASA has plans for a truly unusual gap in crewed Moon landings in the mid-2020s.

Mere days after the announcement, an official NASA schedule showing the agency’s plans for the Moon and Mars over the next ten years explicitly contradicted it, showing only two Starship HLS demonstrations: one uncrewed and one crewed. Assuming that was simply a matter of poor coordination, the graphic reveals another bizarre reality: NASA appears to be explicitly planning for a three-year gap between SpaceX’s first crewed Starship landing in 2025 and the next crewed Moon landing, which the graphic suggested might occur in 2028.

Every single crewed Apollo Program mission to the Moon – including one aborted circumlunar mission, two missions to lunar orbit, and six successful landings – happened in less than four years. As published, NASA’s current Artemis plan would be akin to completing Apollo 11 – the first crewed Moon landing – in 1969 and then sitting around and waiting until 1972 for the next landing attempt. It’s difficult to properly convey just how bizarre such a huge gap would be.

There are only two obvious possible explanations. First, NASA might prefer a multi-year delay between crewed Moon landings to building and launching another SLS Block 1 rocket, in which case the three-year landing gap is explicitly the fault of years of SLS Block 1B delays – specifically NASA and Boeing’s work on the rocket’s larger Exploration Upper Stage (EUS). Second, it could be the case that NASA and/or SpaceX expects Starship’s first crewed landing to be delayed by one or several years. In 2018, SLS Block 1B was expected to debut as early as 2024. In 2022, NASA now says Block 1B will debut no earlier than 2027, while the last Block 1 launch is NET 2025.

All planned SLS variants. (NASA)

The first explanation is arguably much likelier given that structuring schedules based on the assumption of delays would make very little logistical sense. If SpaceX were to be ready on or close to the original schedule, that would leave NASA’s Moon landing program sitting on its hands for a third of a decade. In an alternative scenario, if NASA was planning to take full advantage of every year it has and SpaceX’s Starship demonstration was still delayed, the space agency would simply end up with more SLS and Orion hardware on hand than it planned for – only a problem if the rocket is literally incapable of launching more than once every year or two. There are few conceivable scenarios where having a mission waiting on a rocket would be preferable to having a rocket waiting for a mission

In other words, NASA probably doesn’t want to plan for a three-year gap between crewed Moon landings. Rather, the anchor NASA has chained the Artemis Program to – SLS and Orion – is likely giving it no choice in the matter. Worse, if SLS Block 1B and EUS development are as poorly managed as SLS Block 1, it’s possible – if not likely – that Artemis IV and V will slip another year or two. As a result, even in the likely scenario that SpaceX’s crewed HLS demonstration runs into a year or so of delays, there could still be a three or even four-year gap between crewed NASA Moon landings right when the program should be getting up to speed.

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SpaceX, meanwhile, is privately developing Starship with the ultimate intent of landing humans on Mars. Without NASA’s interest and support, the Moon is a distraction from SpaceX’s real goals. Additionally, through NASA’s Human Landing System (HLS) program, SpaceX will be providing Starship as a service, meaning that the company will retain full rights to and ownership of any system that results. Put simply, there’s a real possibility that NASA’s seemingly extraordinary lack of motivation will create a scenario in which SpaceX could outgrow the space agency’s usefulness in the mid-2020s.

NASA rolled out its first SLS Block 1 rocket on March 18th, 2022 – more than 5 years behind schedule after more than 12 years of work. (Richard Angle)

If, for example, SpaceX privately human-rates Starship for launches and entry, descent, and landing; it could use the Starship HLS lander it’s developed with NASA to land its own astronauts on the Moon without the need for SLS, Orion, or NASA. Given that the full extent of NASA’s Artemis Program ambitions appears to be one Moon landing per year, there would be plenty of room for SpaceX to perform multiple additional landings independent of NASA while the space agency’s contractors struggle to build and launch a single SLS rocket in the same time-frame.

Given the political power behind the SLS/Orion programs, it’s not clear if NASA will ever be willing or able to publicly support or take advantage of that logical and likely inevitable maturation of SpaceX’s Starship HLS capabilities. A crewed Moon mission – and especially a crewed Starship landing – successfully completed without the need for SLS or Orion could put NASA’s unsustainable rocket and spacecraft in a very uncomfortable position. Already, the HLS program has relegated SLS/Orion to the role of an Earth-Moon taxi service that just so happens to cost more than $4 billion per launch.

Above all else, uncertainty continues to reign over NASA’s longer-term human spaceflight plans – helped in no small part by the space agency’s lack of any obvious overarching strategy. NASA officials may religiously repeat phrases about how the Artemis Program aims to “sustainably” return humans to the Moon and pave the way to landing astronauts on Mars, but that doesn’t change the fact that the agency’s tangible, funded plans show virtually no evidence of serious preparations for either goal. Only time will tell where that rudderless ship ends up.

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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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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Investor's Corner

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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