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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.

“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.”

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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.

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

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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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SpaceX’s Starfall just went from secret to storefront

SpaceX now pitches Starfall missions with 1,000 kg payloads, weeks of microgravity, and Starlink connectivity.

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An artist’s illustration of a SpaceX Starfall capsule reentering Earth’s atmosphere. (Image: SpaceX)

SpaceX has put up a dedicated commercial page for Starfall, its disk shaped reentry capsule, laying out for the first time what customers actually get when they book a flight. The page, live at spacex.com/starfall, pitches “affordable, routine access to microgravity” and invites companies to get in touch about flying manufacturing, research or testing payloads.

The specs are short and specific. Each Starfall mission carries up to 1,000 kg of payload, supplies 1 kW of power and connects through an Ethernet interface. Mission length is tailored to the customer, and the payload stays online the entire time through Starlink, which means researchers can pull data from an experiment while it is still in orbit instead of waiting for splashdown.

SpaceX is launching a secret spacecraft that could change how things are made in space

SpaceX is aiming the service at three markets. Biomedical customers are told they can grow stem cell organoids, replacement tissue and layered biomaterials. Pharmaceutical companies are pitched on protein and small molecule drug crystals, which form smaller and more uniform shapes without gravity driven convection. Materials science rounds out the list, with semiconductors and other next generation materials grown in vacuum and microgravity.

The page also makes clear which rocket SpaceX is counting on. “By launching on Starship, Starfall brings a reliable and scalable cadence previously unavailable to the market,” the company wrote, contrasting weeks of continuous microgravity with the seconds offered by drop towers and parabolic flights. No price or first operational flight date is listed.

The commercial push is a sharp turn from how Starfall started. SpaceX said almost nothing about the capsule ahead of its first flight in June, and nearly everything known came from FAA and FCC filings describing a disk about 10.2 feet wide and 2.5 feet tall that can return 2,200 pounds of cargo. By its second flight on the Bandwagon-5 rideshare in October, Starfall was listed by name on the mission page, though SpaceX still did not say what it carried.

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Customers appear to be lining up. SpaceX said in its third quarter results that it signed three commercial Starfall missions during the quarter. On the earnings call, President Gwynne Shotwell described the capsule as providing “routine relatively low cost access to microgravity environments for scientific research, including improving our understanding of diseases like cancer and diabetes,” and said the three new missions would fly on Starship.

The branding effort extends past the website. SpaceX added a Starfall T-shirt to its online store on Monday as part of a batch of new merchandise, giving the program a place next to Starship, Starlink and Starshield in the company’s lineup.

The move also puts SpaceX in more direct competition with companies it launches. Varda Space Industries, which has built much of the in-space manufacturing market so far, flew its W-Series 7 capsule on the same Bandwagon-5 mission as Starfall in October. Varda’s capsules are roughly three times smaller than Starfall, and SpaceX controls the ride to orbit for both.

Starfall’s near term cadence depends on Starship. SpaceX is preparing for Flight 15 after completing static fires of Ship 42 and its Super Heavy booster in late October, and is aiming to catch both stages with the launch tower on that flight.

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Grok Bot users hit with weekly limits early, Elon Musk explains what happened

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Credit: Grok Bot

Elon Musk said weeks ago during SpaceX’s third-quarter earnings call that the company’s Grok Bot, its autonomous AI Agent platform, was showing “the fastest growth of a product” that he’d ever seen in his life.

Now, SpaceXSI is scaling back Grok Bot users’ weekly limits, much to the surprise of those who have relied on it to take away monotonous tasks in their lives.

Elon Musk’s terse November 1 reply on X captured a sharp tension in the early days of agentic AI. Responding to a user who asked for a Grok Bot usage reset after hitting 100 percent with four days still left on the weekly cycle, Musk wrote: “The cost of serving Grok Bot was unsustainably high relative to revenue.”

The post arrived amid a wave of similar complaints from paying subscribers whose meters had jumped unexpectedly toward or to the limit, sometimes overnight and with little corresponding activity. It also stood in clear contrast to statements Musk had made only days and weeks earlier.

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On the SpaceX third-quarter earnings call in mid-to-late October, Musk had described Grok Bot in almost the opposite terms. He called it “the fastest growth of a product that I’ve ever seen in my life” and said he had “never seen anything grow this fast.”

Company figures put paid weekly users at roughly 800,000 earlier in the month, more than doubling over the prior period. Daily active users had climbed from under 100,000 in early September to over 600,000 by late October.

Musk emphasized that the product has no free tier and that users appear to be getting real value beyond what they pay. In other remarks, he noted that usage per user was rising rather than declining, the opposite of the usual decay pattern for new software.

Grok Bot, launched around August, functions as an always-available agent with its own persistent cloud computer; it can schedule, research, shop, browse, and execute multi-step workflows even after the user steps away. Access is bundled into X subscription tiers (roughly $30, $100, and $200 per month) and certain Cursor plans, drawing from shared weekly usage pools whose exact sizes have not been publicly detailed.

The economics of that model are what Musk’s November 1 post put in the spotlight. Agentic systems burn far more compute than ordinary chatbot exchanges. Each task can trigger repeated model calls, tool use, web actions, and sustained background work.

When growth is as rapid as Musk celebrated, the absolute compute bill scales quickly even if average revenue per user stays fixed under flat monthly subscriptions. Industry observers noted the opportunity cost as well: the same GPUs can be rented to other AI labs at higher rates.

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A simple back-of-the-envelope comparison circulating after the post illustrated the gap: if every reported daily user paid the top tier, annualized subscription revenue would still be modest relative to the scale of compute infrastructure SpaceX is building and leasing to companies like Anthropic.

Some users also reported possible dashboard anomalies around the same period, though Musk’s framing treated the underlying cost-revenue imbalance as the core issue rather than a pure metering glitch.

The juxtaposition is the core of this exchange. Within roughly two weeks of publicly framing Grok Bot as an unprecedented success with strong unit economics and no free tier, Musk acknowledged that serving the same product had become unsustainable relative to the revenue it generates.

For the broader industry, the episode underscores a structural challenge of the agent era: demand is real and growing faster than many expected, yet the cost of fulfilling that demand through always-on, multi-step agents can outrun subscription pricing before companies can adjust limits, introduce metered billing, or raise prices.

Musk’s reply did not promise an immediate reset or higher allowances; it simply stated the constraint. In doing so, it supplied a rare, explicit public data point on the unit economics of a high-profile AI agent just as adoption numbers were still being celebrated as the fastest in Musk’s experience.

The tension between rapid, paid growth and the compute required to deliver it is now on the record.

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Tesla owners who tap Emergency Drive Away for fun are in for a surprise

Tapping Activate on Tesla’s Emergency Drive Away reportedly triggers a $539 service bill without moving.

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Tesla owners who press Activate on Emergency Drive Away may be on the hook for a service bill even if their car never leaves the Supercharger stall.

Yaro, who posts about Tesla service cases on X as @Tutrifour, said a customer called after tapping Activate while still plugged into a Supercharger. The owner was about to pull away, remembered the cable was still connected and stopped. The car never moved, but the touchscreen showed a red alert reading “Emergency Drive Away has been activated” with “Service is required” underneath. A Service Mode screenshot showed the active alert BMS_a228_EmergencyDriveAwayServiceRequired, which Yaro said only Tesla Service can clear.


The cost of clearing it was the bigger surprise. “Don’t press Activate on the new Emergency Drive Away feature on your Tesla because service charges $539 to inspect the charge port and to clear the alert. Yes, even if you didn’t move the car an inch,” Yaro wrote.  The $539 figure comes from that single case, and Tesla has not published a set price for the inspection or commented on the post. Yaro also noted that the car would still charge with the alert on screen.

Tesla launched Emergency Drive Away on October 1 with software update 2026.38.3, letting drivers pull away from a U.S. Supercharger with the cable still attached, as Teslarati reported. To use it, a driver shifts into Drive while connected, holds the brake and taps Activate. The prompt warns that driving with the cable connected will damage the vehicle and the Supercharger, and that short camera recordings will be shared with Tesla.

Tesla Charging has been clear about what follows a real activation. Repairs to a Supercharger stall can run up to $25,000 depending on the site, a service visit for the car’s charge port is mandatory, and deliberate misuse “will invoke additional penalties.” What the company had not spelled out is that the service requirement is triggered the moment Activate is pressed, not the moment the cable breaks away.

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From an engineering standpoint, that is the cautious choice. Once Activate is pressed, the car cannot be sure the charge port latch was not stressed, so flagging it for inspection removes the guesswork. It also means the button carries a price on its own, which is a stronger deterrent against casual use than any warning screen.


The report follows the feature’s first known real world use, when a driver in Austin during F1 weekend appeared to trigger it by accident and dragged the Supercharger cable along with the car. The Reddit user who filmed it said the driver seemed to have only half read the prompts.

For owners, the takeaway is to treat the red prompt as a stop sign. If it appears after shifting out of Park by mistake, shift back and unplug the normal way from the touchscreen, the Tesla app or the button on the charge handle. Activate is meant for moments when staying at the stall is the bigger risk, and Tesla is now pricing it that way.

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