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Tesla, Elon Musk seek dismissal in lawsuit alleging fraud and defamation

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Tesla and Elon Musk, jointly named as Defendants with Omar Qazi of the former @tesla_truth Twitter account, have filed a Motion to Dismiss an ongoing lawsuit brought by Plainsite.com owner Aaron Greenspan.

Greenspan, a Tesla short seller often associated with the online “$TSLAQ” community, is seeking an injunction and damages from alleged libelous activity by both Qazi and Musk. He also claims fraudulent communications by Musk and Tesla executives have lead to inflated company stock prices, thereby injuring his financial portfolio via stock purchases made and sold based on those communications. Tesla’s and Musk’s motion for dismissal was made as a separate action from the allegations against Qazi.

The Complaint, initially filed May 20, 2020, and later amended on July 2, 2020, is being litigated in the US Northern District of California, San Francisco Division under docket number 3:20-cv-03426-JD. The Motion to Dismiss was filed on July 31, 2020.

Tesla exhibits its electric cars and energy products at the 2018 LA Auto Show. [Credit: Christian Prenzler/Teslarati]

“Plaintiff’s allegations against the Tesla Defendants are not new. Plaintiff has been making the
same unsubstantiated and incendiary accusations—on Twitter, in purported online exposés, and in public and private communications—for years. What is new is Plaintiff’s attempt to transform his conspiracy theories, baseless suspicions, and Internet “research” into a federal lawsuit,” Tesla’s Motion argues against Greenspan’s claims. “Also new is Plaintiff’s apparent view that people should not use hyperbolic language or return his insults on the Internet, and Plaintiff’s claim that Mr. Musk’s dismissive commentary to and about him somehow damaged his reputation.”

The Complaint partly seeks to hold Musk liable for several statements made by Qazi during publicly-aired disagreements with Greenspan, characterizing the CEO’s positive replies to some of Qazi’s online posts as part of a “tag team” effort to discredit him. However, Tesla argues that liability would require a formal agent-type relationship between Qazi and Musk to hold legal weight. “While the [First Amended Complaint] speculates about ties between Mr. Qazi and Mr. Musk, Plaintiff tacitly admits he is not aware of such a relationship, other than alleged interactions on Twitter and in the media,” the Motion argues. Greenspan also cites Qazi’s attendance at a private Tesla event as evidence of an implied connection or common purpose with Musk.

Regarding any defamation claims, substantiated by Greenspan using email replies from Musk as well as Twitter comments in reply to a published article wherein derogatory remarks were made about Greenspan, Tesla’s Motion argues such comments are constitutionally protected opinions. Of particular note in the Complaint’s allegations is a supportive email to Twitter CEO Jack Dorsey sent by Musk purportedly in support of restoring Qazi’s suspended accounts.

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“Jack, what Omar is saying is accurate to the best of my knowledge. There has been an
orchestrated and sophisticated attempt to drive down Tesla stock through social media,
particularly Twitter,” Musk wrote.” This always increases around our earnings call, which is this
afternoon. Aaron Greenspan in particular has major issues. He’s the same nut but that claimed he was the founder of Facebook and sued Zuckerberg, among many other things. Never seen anything like it.”

In reference to this cited correspondence, Tesla argues, “As with his other statements, Mr. Musk’s reference to Plaintiff as a “nut but” with “major issues” is nonactionable opinion.”

Tesla Short Shorts (Credit: Tesla)

Most of the all-electric carmaker’s reply in the Motion, though, was focused on a legal defense against the most prevalent claims the Tesla short seller community is most vocal about: The company’s stock prices are artificially inflated due to fraudulent communication regarding their activities.

“As numerous courts have recognized, however, short sellers like Plaintiff…[sell] short because he believes the price of a stock overestimates its true value…whereas the premise of the fraud-on-the-market presumption is that investors rely on the market to reflect a stock’s true value,” Tesla states in their dismissal petition. “Plaintiff does not and could not claim that he relied on any alleged false statements because he believed that Tesla was engaged in fraud during the entire time he was betting against the Tesla stock… Even if Plaintiff could invoke the fraud-on-the market presumption, it would be conclusively rebutted because the Plaintiff plainly…would have bought or sold the stock even had he been aware that the stock’s price was tainted by fraud.”

Ultimately, Greenspan is seeking a declaratory judgment holding Qazi in contempt of court, a permanent injunction preventing further libelous statements against Greenspan in any published medium (written or oral), damages from Defendants’ alleged fraudulent actions to be assessed at time of trial, statutory damages from copyright infringements (over personal photos used as described in the suit), and punitive damages for alleged law breaking. Tesla and Musk, for their part, are seeking to have the case dismissed permanently, i.e., “with prejudice.”

For the average Tesla fan, owner, or stock holder, lawsuits may seem like something to avoid at (nearly) all costs, but Musk does not give the impression he has the same hesitation. The eccentric CEO makes his opinion of short sellers like Greenspan known quite often, and he has even humorously merchandised his ongoing battle by selling bright red “Short Shorts” donning the Tesla logo on the company web store.

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With Tesla stocks recently haven risen to a high of $1643 per share, the tensions between the camps will perhaps only continue to rise.

Tesla Motion to Dismiss, Aaron Greenspan by Teslarati on Scribd

Accidental computer geek, fascinated by most history and the multiplanetary future on its way. Quite keen on the democratization of space. | It's pronounced day-sha, but I answer to almost any variation thereof.

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Tesla has passed a critical self-driving milestone Elon Musk listed in Master Plan Part Deux

Tesla China announced that the company’s Autopilot system has accumulated 10 billion kilometers of driving experience.

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Tesla has passed a key milestone, and it was one that CEO Elon Musk initially mentioned more than nine years ago when he published Master Plan, Part Deux. 

As per Tesla China in a post on its official Weibo account, the company’s Autopilot system has accumulated over 10 billion kilometers of real-world driving experience.

Tesla China’s subtle, but huge announcement

In its Weibo post, Tesla China announced that the company’s Autopilot system has accumulated 10 billion kilometers of driving experience. “In this respect, Tesla vehicles equipped with Autopilot technology can be considered to have the world’s most experienced and seasoned driver.” 

Tesla AI’s handle on Weibo also highlighted a key advantage of the company’s self-driving system. “It will never drive under the influence of alcohol, be distracted, or be fatigued,” the team wrote. “We believe that advancements in Autopilot technology will save more lives.”

Tesla China did not clarify exactly what it meant by “Autopilot” in its Weibo post, though the company’s intense focus on FSD over the past years suggests that the term includes miles that were driven by FSD (Beta) and Full Self-Driving (Supervised). Either way, 10 billion cumulative miles of real-world data is something that few, if any, competitors could compete with.

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Elon Musk’s 10-billion-km estimate, way back in 2016

When Elon Musk published Master Plan Part Deux, he outlined his vision for the company’s autonomous driving system. At the time, Autopilot was still very new, though Musk was already envisioning how the system could get regulatory approval worldwide. He estimated that worldwide regulatory approval will probably require around 10 billion miles of real-world driving data, which was an impossible-sounding amount at the time. 

“Even once the software is highly refined and far better than the average human driver, there will still be a significant time gap, varying widely by jurisdiction, before true self-driving is approved by regulators. We expect that worldwide regulatory approval will require something on the order of 6 billion miles (10 billion km). Current fleet learning is happening at just over 3 million miles (5 million km) per day,” Musk wrote. 

It’s quite interesting but Tesla is indeed getting regulatory approval for FSD (Supervised) at a steady pace today, at a time when 10 billion miles of data has been achieved. The system has been active in the United States and has since been rolled out to other countries such as Australia, New Zealand, China, and, more recently, South Korea. Expectations are high that Tesla could secure FSD approval in Europe sometime next year as well. 

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SpaceX maintains unbelievable Starship target despite Booster 18 incident

It appears that it will take more than an anomaly to stop SpaceX’s march towards Starship V3’s refinement.

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Credit: SpaceX/X

SpaceX recently shared an incredibly ambitious and bold update about Starship V3’s 12th test flight. 

Despite the anomaly that damaged Booster 18, SpaceX maintained that it was still following its plans for the upgraded spacecraft and booster for the coming months. Needless to say, it appears that it will take more than an anomaly to stop SpaceX’s march towards Starship V3’s refinement. 

Starship V3 is still on a rapid development path

SpaceX’s update was posted through the private space company’s official account on social media platform X. As per the company, “the Starbase team plans to have the next Super Heavy booster stacked in December, which puts it on pace with the test schedule planned for the first Starship V3 vehicle and associated ground systems.” 

SpaceX then announced that Starship V3’s maiden flight is still expected to happen early next year. “Starship’s twelfth flight test remains targeted for the first quarter of 2026,” the company wrote in its post on X. 

Elon Musk mentioned a similar timeline on X earlier this year. In the lead up to Starshp Flight 11, which proved flawless, Musk stated that “Starship V3 is a massive upgrade from the current V2 and should be through production and testing by end of year, with heavy flight activity next year.” Musk has also mentioned that Starship V3 should be good enough to use for initial Mars missions.

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Booster 18 failure not slowing Starship V3’s schedule

SpaceX’s bold update came after Booster 18 experienced a major anomaly during gas system pressure testing at SpaceX’s Massey facility in Starbase, Texas. SpaceX confirmed in a post on X that no propellant was loaded, no engines were installed, and personnel were positioned at a safe distance when the booster’s lower section crumpled, resulting in no injuries.

Still, livestream footage showed significant damage around the liquid oxygen tank area of Booster 18, leading observers to speculate that the booster was a total loss. Booster 18 was among the earliest vehicles in the Starship V3 series, making the failure notable. Despite the setback, Starship V3’s development plans appear unchanged, with SpaceX pushing ahead of its Q1 2026 test flight target.

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Tesla Sweden faces fresh union blockade at key Gothenburg paint shop

Allround Lack works with painting and damage repair of passenger cars, including Teslas.

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(Credit: Tesla)

Tesla’s ongoing labor conflict in Sweden escalated again as the trade union IF Metall issued a new blockade halting all Tesla paintwork at Allround Lack in Gothenburg. 

Allround Lack works with painting and damage repair of passenger cars, including Teslas. It currently employs about 20 employees. 

Yet another blockade against Tesla Sweden

IF Metall’s latest notice ordered a full work stoppage for all Tesla-related activity at Allround Lack. With the blockade in place, paint jobs on Tesla-owned vehicles, factory-warranty repairs, and transport-damage fixes, will be effectively frozen, as noted in a report from Dagens Arbete. While Allround Lack is a small paint shop, its work with Tesla means that the blockade would add challenges to the company’s operations in Sweden, at least to some degree.

Paint shop blockades have been a recurring tool in the longstanding conflict. The first appeared in late 2023, when repair shops were barred from servicing Tesla vehicles. Days later, the Painters’ Union implemented a nationwide halt on Tesla paint work across more than 100 shops. Since then, a steady stream of workshops has been pulled into the conflict.

Earlier blockades faced backlash from consumers

The sweeping effects of the early blockades drew criticism from industry groups and consumers. Employers and industry organization Transportföretagen stated that the strikes harmed numerous workshops across Sweden, with about 10 of its members losing about 50% of their revenue.

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Private owners also expressed their objections. Tibor Blomhäll, chairman of Tesla Club Sweden, told DA in a previous statement that the blockades from IF Metall gave the impression that the union was specifically attacking consumers. “If I get parking damage to my car, I pay for the paint myself. The company Tesla is not involved in that deal at all. So many people felt singled out, almost stigmatized. What have I done as a private individual to get a union against me?” Blomhäll stated. 

In response to these complaints, IF Metall introduced exemptions, allowing severely damaged vehicles to be repaired. The union later reopened access for private owners at workshops with collective agreements. The blockades at the workshops were also reformulated to only apply to work that is “ordered by Tesla on Tesla’s own cars, as well as work covered by factory warranties and transport damage on Tesla cars.”

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