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Tesla, SpaceX, Elon Musk ventures cleared by SEC for private fundraising after tweet controversy

(SpaceX)

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Tesla, SpaceX, The Boring Company (TBC), and Neuralink have all been granted waivers allowing them to continue raising capital by privately selling restricted securities (typically private equity or debt), heading off potential barriers that would increase the difficulty of raising capital through the sale of securities.

Cued by the commission’s settled suit over CEO Elon Musk’s improper and misleading dissemination of information material to Tesla shareholders, the United States Securities and Exchange Commission (SEC) has granted investment disqualification waivers – specifically “waivers of disqualification under Rule 506 of Regulation D” – to each of the four major companies owned by Elon Musk.

Losing the ability to raise funds in this manner would make it much harder for companies like Tesla and SpaceX to raise the money frequently needed for expansions and major R&D projects, described in the waiver requests as “extremely capital intensive.” However, the bulk of the arguments provided by each company’s legal representatives can be largely ignored. Arguing to the contrary – i.e. failing to make a strong case that the given company may need private equity investment – could close critical doors that each company may not need right this moment but would like to preserve as an option.

Still, each waiver request offers a slight glimpse into the inner-workings of SpaceX, TBC, and Neuralink, typically hidden from the public eye as privately held entities.

A fleet of red Dual Motor/Performance Tesla Model 3s captured on July 10, 2018 at the Fremont factory [Credit: RS Metrics via Twitter]

Tesla

Tesla, being a publicly-traded company, offered few secrets in its waiver request. However, it did publicize the best overview yet of what exactly the SEC’s demand for the regulation of Elon Musk’s Tesla-material communications might translate to inside the company. According to Tesla’s legal representatives, the company is arranging the creation of “new, permanent committee…of independent directors only [that] will provide an additional check on the procedures and processes for overseeing Mr. Musk’s Tesla-related public statements.” Tesla will also reportedly task “another experienced securities lawyer…to undertake an enhanced review of communications made through Twitter and other social media by the [sic] Tesla’s senior officers.”

The hope is that this new arrangement will prevent a recurrence of the misconduct that led to the SEC’s suit and the subsequent settlement. More likely, however, is that the threat of the modification or withdrawal of these four waivers will prevent Musk from stepping outside the bounds of the SEC’s binding settlement agreement, as doing so could truly harm the potential of all four companies.

Building giant rockets and the factories needed for production is no less expensive. (Pauline Acalin)

SpaceX

In SpaceX’s waiver request, the company’s legal representatives confirmed that it has raised “more than $2 billion in [eleven separate] securities offerings” that fell under the purview of activities SpaceX would be disqualified from pursuing without a waiver from the SEC. The total value of investments on the public record currently hovers around $2.27 billion, including a partially-finished Series I round that has likely raised that to value to ~$2.5 billion since it surfaced in April 2018.

“The design and manufacture of launch vehicles and spacecraft is extremely capital intensive. SpaceX needs sufficient [and may need to raise additional] capital to fund its ongoing operations and future expansions, for example: development of its BFR launch vehicle and Crew Dragon spacecraft, continuing research and development projects, and making investments in tooling and manufacturing”

The Boring Company & Neuralink

As for TBC and Neuralink, the waivers didn’t offer anything unexpected, although they did provide great, brief overviews of what exactly the two companies are currently working towards. Although it was announced in late 2017 that Musk would sell stock to fund initial operations at TBC and Neuralink, both companies’ legal representatives confirmed the exact amount of funding raised by “Musk and various other third-party investors”: $112.5 million and $100.2 million, respectively.

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Both expressly confirmed no intentions to pursue initial public offerings (IPOs) anytime soon, although Neuralink’s waiver indicated that it may invest in or acquire other companies pursuing brain-computer interfaces.

 

The Boring Company

“The Boring Company (TBC) is a fast-growing infrastructure and transportation company focused on developing cost effective, and fast tunneling technology, along with electric mass transportation systems to alleviate the massive problem of traffic and congestion within cities. The research, development, design, manufacture, testing, and construction of tunnels and mass transit systems is a capital intensive business. TBC needs sufficient capital to fund its ongoing operations and future expansions, for example: continued development and improvement of Tunnel Boring Machines (“TBMs”) and electric skates, the construction of mass transit tunnels including publicly announced projects in Chicago, Los Angeles, and Washington D.C..”

Neuralink

“Neuralink is a fast-growing bio-technology and medical device company focused on developing high bandwidth, long term, brain computer interfaces (“BCI”). The research, development, design, manufacture, testing, and certification of medical devices and BCI’s is purely capital intensive business requiting deep investment for years prior to any initial revenue. Neuralink needs sufficient capital to fund its ongoing operations and eventually bringing products to marked, for example: continued development of BCI’s, continued testing of implantable devices, financing of multi-year FDA trials and certifications, and the construction of FDA-approved manufacturing facilities. Neuralink will need to raise capital for these operations and expansions, and given the development stage of the company, it is most likely that such financing will be through private securities offerings in reliance on Rule 506 of Regulation D.”

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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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OpenAI cites distrust of SpaceX in decision to drop Cursor partnership

OpenAI will cut SpaceX-owned Cursor’s model access in November, citing Musk’s history of broken contracts.

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OpenAI, the company behind ChatGPT, announced late Friday that it is ending its partnership with Cursor, cutting off the coding tool’s access to its models on November 12. The move comes two weeks after SpaceX completed its $60 billion acquisition of Cursor’s parent company, Anysphere, folding the popular AI coding assistant into Elon Musk’s growing SpaceXAI division.

In a post on its website, OpenAI said the decision came down to trust, not technology. “We cannot be confident that SpaceX will use our technology within our terms of service, based on our experience with Elon Musk’s companies violating contracts,” the company wrote. OpenAI pointed to two specific incidents: X, now part of SpaceX, allegedly breaking the terms of an existing OpenAI contract after Musk bought Twitter.

That lawsuit is the backdrop for all of this. Musk cofounded OpenAI in 2015, left the board in 2018, and sued Sam Altman and Greg Brockman in 2024, arguing they abandoned the company’s nonprofit mission for profit. A federal jury sided with OpenAI in May, finding Musk waited too long to sue rather than ruling on the merits of his claims. Musk said at the time he would appeal to the Ninth Circuit, calling the outcome a “calendar technicality” rather than a real judgment.

Elon Musk breaks silence on OpenAI trial decision

SpaceX’s interest in Cursor predates that verdict by weeks. The company first struck a deal with Cursor in April, securing an option to acquire it for $60 billion or pay $10 billion for joint development work instead. As Teslarati reported at the time, the logic was straightforward: Cursor was paying retail prices to Anthropic and OpenAI, two of its most direct competitors, every time a developer used its product, while SpaceX had idle capacity on its Colossus supercomputer, roughly the equivalent of a million Nvidia H100 GPUs, that Cursor could use to train its own models instead. SpaceX exercised the option in June, days after its own IPO, and the deal closed in mid-August.

Once it closed, Musk moved fast. On an all-hands call with more than 1,000 Cursor employees, he reportedly told staff that SpaceXAI’s Grok was playing catchup in the AI race, unlike Tesla and SpaceX in their own markets, and singled out Anthropic as the company to catch. Cursor CEO Michael Truell now reports directly to Musk inside SpaceXAI.

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Elon Musk admits he was ‘clearly wrong’ about Anthropic

Losing OpenAI’s models leaves Cursor leaning harder on Anthropic’s Claude, which has its own compute agreement with SpaceX, and on Cursor’s in-house Composer model, the one SpaceX’s compute was supposed to accelerate in the first place. OpenAI framed the November deadline as maximum notice under its contract, and said it wants to “go above and beyond” to help developers through the transition. Whether Anthropic makes the same call is now the open question in AI coding.

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Tesla Theater might be getting plenty more streaming platforms

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Credit: YouTube/Tesla Theater

The in-car Tesla Theater is among the most unique features available within the cars. When charging, parked, camping, or just hanging out, vehicle occupants can access a variety of streaming platforms on the large center screen, helping keep them entertained during downtime.

However, the Theater might be getting plenty more streaming platforms, something that owners have requested for some time.

Tesla owners recently discovered that visiting Apple TV in the vehicle browser can launch a fullscreen interface that looks and behaves like a dedicated application rather than an ordinary webpage:

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The experience drops the usual address bar and browser chrome, presenting catalogs, continue watching rows, and playback controls in the same window Tesla Theater already uses for its listed services. Independent testers soon found similar treatment for HBO Max, Paramount+, Peacock, Disney+, and Prime Video when those sites are opened from the car browser.

This shift is a plausible early signal that Tesla is widening Theater support without a formal software note. Theater has long been a set of web views rather than native applications, so recognizing extra domains and stripping the browser frame is a small server-side change that can expand the catalog quickly.

Owners still lack permanent Theater icons for the newly recognized services, and video remains limited to Park, yet the smoother launch is a meaningful step toward a broader lounge while charging.

Tesla Theater arrived with software version 10 in September 2019. The first video services were Netflix, YouTube, and Hulu, available only while parked and originally tied to WiFi. Spotify arrived in the same era as music rather than Theater video. Disney+ joined officially in July 2021 with the 2021.24 update, giving owners another major catalog on the center screen. Twitch and TikTok later appeared among the default Theater tiles, and Tesla Tutorials remained a persistent educational tile.

Not every addition stayed put. In December 2023, a Holiday software build removed the Disney+ tile for many United States owners after a public dispute involving advertising on X. Hulu stayed visible even though Disney owned it. Visiting disneyplus.com in the browser often restored the tile, which suggested the removal was a recognition list change rather than a complete block. Owners have also reported occasional blank Theater grids after updates, usually fixed by language toggles, resets, or later firmware.

Tesla axes Disney+ from vehicles with Musk-Iger rivalry, but there’s a workaround

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Code archives from 2024 listed many unused source names, including Apple TV and Prime Video, that never became official icons, which now looks like groundwork for the current fullscreen browser behavior.

Now that this hint toward an expanded Theater experience has been recognized, Tesla could follow through with these additional shortcuts as a sign that more streaming platforms are available in Teslas than ever before.

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Tesla Semi’s biggest adoptee gives an update on production timeline

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Credit: Tesla

Tesla recently received its largest order for the all-electric Semi from Einride, a Swedish transport service, for 500 units, a groundbreaking invoice to receive before the first deliveries begin.

Even more remarkable, Einride CEO Roozbeh Charli said in a recent interview that he expects his company to take delivery of all 500 — the entire order — before the end of 2027. He even expects to have 75 Tesla Semi units in the Einride fleet before the end of this year.

Charli said the Tesla partnership was part of a broader push, along with its earlier partnership with Amazon. Einride is assisting Amazon with the use of its Saga AI platform, which helps eliminate questions about budgeting and forecasting for logistics companies.

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The Semi, as well as Tesla’s production and subsequent delivery of the units to Einride, will help the company “to have a good supply of vehicles that we can deploy on the [Saga AI] platform,” Charli said. “Tesla is also a relationship we’ve had for a while, and as the Tesla Semi deliveries are firming up, we decided to do a larger commitment to that and deploy that on our platform.”

In its initial announcement, Einride said it anticipated taking delivery of the trucks over the next two years, but now it appears the company is expecting all 500 units within the next 16 months.

Tesla Semi gets its largest order yet

Built at a dedicated factory in Sparks, Nevada, the Tesla Semi has been perhaps the biggest and most intensive testing process the company has ever had for a single vehicle model. For the past several years, Tesla has been working with many companies, most notably Frito-Lay and PepsiCo, to gain knowledge on the performance on regional routes.

Tesla plans to launch the Semi officially on September 24, five months after production started ramping.

Additionally, drivers have said they are happy about the Semi’s performance and that its numerous safety and productivity features have made their jobs and routes much easier.

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