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Tesla Power Play: Why running a contested Elon Musk narrative is playing with fire

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Award-winning journalist Tim Higgins‘ book, “Power Play: Tesla, Elon Musk, and the Bet of the Century,” is among the most recent explorations into the fascinating character of Elon Musk. But unlike other works such as the still-definitive biography from writer Ashley Vance, Higgins’ book chronicled Tesla’s story during the Model X and Model 3 ramp (among others), periods that Musk himself admitted were among the most challenging times of his professional life. 

Filled with stories from numerous sources and spanning Tesla’s history from its early days to last year’s pandemic, Power Play painted a picture of how an incredibly determined Elon Musk practically willed Tesla into being, and how his ego and pettiness caused the company to pay the price more than once. This was a point that moderate Tesla critics would argue: Tesla is a success today not because of its CEO, but in spite of Elon Musk. 

After all, as the book noted in its Prologue, Musk may be a very public figure, but there is still a question surrounding him. “Is Elon Musk an underdog, an antihero, a con man, or some combination of the three?” Higgins noted in the book. 

A Strong Story with Strong Denials

A book written about Tesla’s most turbulent years is bound to have some controversial elements. And in Power Play, few excerpts would be as controversial as a supposed call between Tesla CEO Elon Musk and Apple CEO Tim Cook in 2016. At the time, Tesla was in dire financial straits as it attempted to produce the Model 3 and master the Model X’s production. According to the book, Tim Cook then had an idea: Perhaps it would be a good idea to buy Tesla. Musk reportedly proved interested, but on one condition: he stays on as CEO. 

Cook thought the condition was reasonable. After all, when Apple bought Beats in 2014, it decided to keep the company’s original founders. Musk, however, supposedly clarified his request, stating that he’d have to be the CEO of Apple. Gobsmacked at the request, Cook reportedly gave Musk a solid “F*ck you” before hanging up the phone. 

The anecdote was shocking enough, and it prompted quite a lot of coverage from the mainstream media, several of whom argued that the story was believable. This was despite the story being denied by both Musk and Cook. Last year, Musk remarked on Twitter that he did try to arrange a meeting with the Apple CEO during the Model 3’s most painful days, but Cook declined the meeting. Cook, on the other hand, clearly told The New York Times‘ Kara Swisher during an appearance at the Sway podcast that he’d never spoken to the Tesla CEO. 

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Elon Musk and Tim Cook together in a room during the Trump administration in 2016. (Credit: @SaleemUsama/Twitter)

Power Play did mention that Cook denied the anecdote presented in the book, though it did not include Musk’s comments about him and the Apple CEO never speaking with each other. The book mentioned, however, that while the two executives claimed to have never spoken to each other, Musk and Cook have been photographed sitting close together at a meeting held by former US President Donald Trump in 2016. 

A Compelling Narrative for a Compelling Character

In a Twitter post, Higgins stated that the tale of Musk and Cook’s phone conversation was a story told inside Tesla, and its details were related by individuals who heard it. That being said, it is still quite interesting to see that the anecdote made it to Power Play despite solid denials from both Cook and Musk. The book was published August 2021, after all, and Cook’s comments in the Sway podcast were published on April 2021. Musk’s statements about never meeting Cook, despite relating to a different time in Tesla’s history, were made even earlier in December 2020. 

It should be noted that Power Play is, at its core, a nonfiction book that aims to provide a nonfictional account of some of Tesla’s most challenging times. This is why, at least to some degree, a story denied by both participants like the supposed Musk-Cook conversation seems far too risky. A nonfiction writing coach contacted by Teslarati noted that an author would typically be hard-pressed to find a more reliable source than the actual participants of an event.

That being said, the anecdote does help establish the character of Elon Musk in the book as someone egoistic enough that he would make an obviously unreasonable demand on Tim Cook at a time when Tesla desperately needed Apple’s help. There is no doubt that the image of Tim Cook, who is known for always being soft-spoken and well-mannered, giving Elon Musk a sharp “F*ck you” on the phone definitely makes for a compelling narrative. 

Dr. John Cook, founder of Skeptical Science and a specialist on false news, noted in a statement to Teslarati that stories such as the two CEOs’ supposed conversation could easily become an inspiration for conspiracy theories, or at least confirm people’s preconceptions of individuals in power. The Skeptical Science founder noted that when people encounter new information that confirms their own preconceptions, there is simply a high likelihood that they would believe it, even if the anecdote’s turthfulness is contested.

“When you have powerful people involved in misinformation, that’s ground for conspiracy theories. So having people like Elon Musk and Tim Cook — inevitably, people get suspicious of people in positions of power, and that’s a very human and natural bias called intentionality bias. We tend to ascribe motives and intent behind what can even be random events. And that’s especially the case when you have powerful people,” Dr. Cook said.  

The Burden of Truth 

Nonfiction writers have a huge burden on their shoulders, as the stories they tell serve the purpose of relating a truthful recounting of real-life events. As such, it is pretty common practice for books in the genre not to include stories that don’t have corroborating evidence. Otherwise, a nonfiction author might end up countering the nonfiction values of truth and honesty. 

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Emma Frances Bloomfield, Assistant Professor of Communication Studies at the University of Nevada, Las Vegas, told Teslarati that the burden of proof ultimately rests on the author in cases like the Musk-Cook phone call. And if an author does decide to push through with a story denied by the people involved, then the anecdote would be best presented as a contested account so that readers could decide for themselves. Power Play did this to a point for Cook’s side with its note about the Apple CEO’s denial, but the book did not mention Musk’s comments on Twitter at all.

Elon Musk giving YouTube tech reviewer Marques Brownlee a tour of the Fremont factory. (Credit: MKBHD/YouTube)

“If a story is presented as being truthful and accurate (such as in a nonfiction book), the storyteller has a burden of proof to verify the story or provide evidence of its truthfulness, which is hard to do when the people the story is about are denying it. If the author has some external reason to believe it still happened, then it could certainly be told, but with the caveat that the people in question dispute it.

“We don’t, of course, want to promote falsehoods and inaccuracies, so making it clear how much evidence there is for certain occurrences is crucial. Because this book is under ‘nonfiction’ as opposed to historical fiction, I would expect that there is a minimum truth quality to all of the work therein. In other words, the author must have a compelling reason to believe the conversation took place even though Musk and Cook dispute it,” she wrote. 

Playing with Fire

There is some irony in the idea that by publishing the contested story of Musk and Cook’s supposed conversation, Higgins ended up playing with fire himself, much like the character depicting the Tesla CEO in Power Play. Pushing through with a contested narrative carries some risk, and not just in terms of social media clout. In a message to Teslarati, Jonathan Crafts, a partner at Fields & Dennis LLP, Wellesley, MA, stated that both the author and publisher of Power Play might be at risk of legal trouble, at least if either Musk or Cook seeks an injunction against them. 

Intellectual Property Litigation Law partner Craig R. Smith of Lando & Anastasi, LLP, Boston, MA, added more insights to the potential risks involved when an author runs with a contested story. Smith noted in a message to Teslarati that overall, authors and publishers of nonfiction are at an increased risk of being sued for defamation due to the nature of their work. “In this situation, either Musk or Cook could allege that the statements made in the book are false and that the false statements harmed his reputation,” Smith said. 

Every book has a narrative, regardless of whether it is fiction or nonfiction. Books such as Power Play are character-driven since it focuses on people’s struggles as they attempt what could very well be described as the impossible at the time. And central to the book’s narrative is the polarizing figure of Elon Musk, whose persona both online and offline could be the perfect bait for misinformation and conspiracy theories. And while tales with little truth are definitely questionable, Dr. Cook noted that it is easy to see why people tend to gravitate towards them. 

“Conspiracy theories can be compelling because they’re simple stories with compelling characters. A conspiracy theory doesn’t even have to have a relation to the truth at all. But if it’s a simple story with villains, with nefarious intent — that grabs people’s imaginations — and simple stories like that are easier to process and understand than more complicated truths,” Dr. John Cook remarked. 

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Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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New drone video shows Tesla’s Optimus Factory reaching a turning point

New drone footage shows Tesla’s dedicated Optimus factory steel frame nearing completion at Giga Texas.

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Tesla’s dedicated Optimus factory at Gigafactory Texas is closing in on a finished steel frame, according to drone footage posted Thursday afternoon by longtime site observer Joe Tegtmeyer. In the video, Tegtmeyer said structural steel assembly is now about five column grids away from reaching the building’s north perimeter beam, putting the primary skeleton in its final stretch roughly six months after Tesla broke ground on the North Campus site in late March.

Tegtmeyer’s footage shows concrete already going in on three upper floors while crews continue laying rebar and pouring grade beam footings at ground level. That kind of parallel work, steel rising at one end of the site while concrete sets at the other, is a scheduling approach Tesla used at the original Giga Texas building and appears to be repeating here to save time before the plant’s targeted 2027 production start.

Teslarati has tracked the building’s progress since Tesla confirmed construction was officially underway in May, when the first steel structure went up on what was then bare, reclaimed land. The facility is part of a more than 5.2 million square foot expansion of Giga Texas’s North Campus that Tesla has said will eventually run nearly the length of the existing vehicle factory, over 4,000 feet, while sitting somewhat narrower. Musk has pegged the long term output target at 10 million Optimus units a year once the line is running at full capacity, a volume that would dwarf the one million unit pilot line Tesla is standing up separately at its Fremont, California factory.

Tesla Giga Texas to feature massive Optimus V4 production line

The Texas facility sits alongside another major buildout on the same campus. Terafab, the joint Tesla and SpaceX chip fabrication plant that will eventually supply the silicon running Optimus units in the field. Housing robot assembly and chip production on the same grounds is a deliberate supply chain decision, cutting down on the shipping and lead time that would otherwise sit between the two.

Tesla has not given an updated timeline beyond its previously stated goal of bringing high volume Optimus production online at the site in the summer of 2027. Fremont’s smaller pilot line began mass producing the current Gen 3 robot in January, with that plant expected to build tens of thousands of units this year primarily to generate the real world data Tesla needs to refine the robot’s software before Giga Texas ramps up. Six months of visible construction progress, tracked almost entirely through Tegtmeyer’s recurring drone flights, gives the clearest outside look yet at how seriously Tesla is treating that 2027 deadline.

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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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