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Tesla fires back at Fortune with cheeky “Misfortune” blog post
The drama continues between Tesla and Fortune after the media outlet published a story questioning Tesla’s ethics claiming the company sold $2 billion worth of stock but failed to disclose that it was under investigation by the National Highway Transport Association (NHTSA) after Joshua Brown was killed when his Model S in Autopilot mode crashed into a tractor trailer.
Since the story was published, Tesla CEO Elon Musk defended the company’s position that news surrounding the Autopilot related death was not material to its stock price. Fortune disagreed citing that the stock price dropped $6 per share after news broke that the NHTSA was in fact investigating evidence surrounding Brown’s death. That’s when Musk fired back via email picking choice words with Fortune’s writer and stating, “Indeed, if anyone bothered to do the math (obviously, you did not) they would realize that of the over 1M auto deaths per year worldwide, approximately half a million people would have been saved if the Tesla autopilot was universally available. Please, take 5 mins and do the bloody math before you write an article that misleads the public.”
The Tesla vs Fortune debacle spilled over into the public Twittersphere between Fortune’s Editor Alan Murray and Elon Musk. The tweets continued throughout Wednesday with Alan Murray defending the media outlet’s position that Tesla did not disclose news of the Autopilot death. Fortune went as far as quoting statements made in an SEC filing by Tesla which warned investors that a fatal crash related to its Autopilot feature would be a material event to the company’s brand, business, and operating results. Tesla would later bring to light that Fortune mischaracterized the quote within the SEC filing.
Tesla has since released a blog post on this matter titled “Misfortune”.
Misfortune
Fortune’s article is fundamentally incorrect.
First, Fortune mischaracterizes Tesla’s SEC filing. Here is what Tesla’s SEC filing actually says: “We may become subject to product liability claims, which could harm our financial condition and liquidity if we are not able to successfully defend or insure against such claims.” [full text included below] This is just stating the obvious. One of the risks facing Tesla (or any company) is that someone could bring product liability claims against it. However, neither at the time of this SEC filing, nor in the several weeks to date, has anyone brought a product liability claim against Tesla relating to the crash in Florida.
Next, Fortune entirely ignores what Tesla knew and when, nor have they even asked the questions. Instead, they simply assume that Tesla had complete information from the moment this accident occurred. This was a physical impossibility given that the damage sustained by the Model S in the crash limited Tesla’s ability to recover data from it remotely.
When Tesla told NHTSA about the accident on May 16th, we had barely started our investigation. Tesla informed NHTSA because it wanted to let NHTSA know about a death that had taken place in one of its vehicles. It was not until May 18th that a Tesla investigator was able to go to Florida to inspect the car and the crash site and pull the complete vehicle logs from the car, and it was not until the last week of May that Tesla was able to finish its review of those logs and complete its investigation. When Fortune contacted Tesla for comment on this story during the July 4th holiday, Fortune never asked any of these questions and instead just made assumptions. Tesla asked Fortune to give it a day to confirm these facts before it rushed its story to print. They declined and instead ran a misleading article.
Here’s what we did know at the time of the accident and subsequent filing:
- That Tesla Autopilot had been safely used in over 100 million miles of driving by tens of thousands of customers worldwide, with zero confirmed fatalities and a wealth of internal data demonstrating safer, more predictable vehicle control performance when the system is properly used.
- That contrasted against worldwide accident data, customers using Autopilot are statistically safer than those not using it at all.
- That given its nature as a driver assistance system, a collision on Autopilot was a statistical inevitability, though by this point, not one that would alter the conclusion already borne out over millions of miles that the system provided a net safety benefit to society.
Given the fact that the “better-than-human” threshold had been crossed and robustly validated internally, news of a statistical inevitability did not materially change any statements previously made about the Autopilot system, its capabilities, or net impact on roadway safety.
Finally, the Fortune article makes two other false assumptions. First, they assume that this accident was caused by an Autopilot failure. To be clear, this accident was the result of a semi-tractor trailer crossing both lanes of a divided highway in front of an oncoming car. Whether driven under manual or assisted mode, this presented a challenging and unexpected emergency braking scenario for the driver to respond to. In the moments leading up to the collision, there is no evidence to suggest that Autopilot was not operating as designed and as described to users: specifically, as a driver assistance system that maintains a vehicle’s position in lane and adjusts the vehicle’s speed to match surrounding traffic.
Fortune never even addresses that point. Second, Fortune assumes that, putting all of these other problems aside, a single accident involving Autopilot, regardless of how many accidents Autopilot has stopped and how many lives it has saved, is material to Tesla’s investors. On the day the news broke about NHTSA’s decision to initiate a preliminary evaluation into the incident, Tesla’s stock traded up, not down, confirming that not only did our investors know better, but that our own internal assessment of the performance and risk profile of Autopilot were in line with market expectations.
The bottom line is that Fortune jumped the gun on a story before they had the facts. They then sought wrongly to defend that position by plucking boilerplate language from SEC filings that have no bearing on what happened, while failing to correct or acknowledge their original omissions and errors.
Full text referenced above:
We may become subject to product liability claims, which could harm our financial condition and liquidity if we are not able to successfully defend or insure against such claims.
“Product liability claims could harm our business, prospects, operating results and financial condition. The automobile industry experiences significant product liability claims and we face inherent risk of exposure to claims in the event our vehicles do not perform as expected resulting in personal injury or death. We also may face similar claims related to any misuse or failures of new technologies that we are pioneering, including autopilot in our vehicles and our Tesla Energy products. A successful product liability claim against us with respect to any aspect of our products could require us to pay a substantial monetary award. Our risks in this area are particularly pronounced given the limited number of vehicles and energy storage products delivered to date and limited field experience of our products. Moreover, a product liability claim could generate substantial negative publicity about our products and business and would have material adverse effect on our brand, business, prospects and operating results. We self-insure against the risk of product liability claims, meaning that any product liability claims will have to be paid from company funds, not by insurance.”
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Tesla to discuss expansion of Samsung AI6 production plans: report
Tesla has reportedly requested an additional 24,000 wafers per month, which would bring total production capacity to around 40,000 wafers if finalized.
Tesla is reportedly discussing an expansion of its next-generation AI chip supply deal with Samsung Electronics.
As per a report from Korean industry outlet The Elec, Tesla purchasing executives are reportedly scheduled to meet Samsung officials this week to negotiate additional production volume for the company’s upcoming AI6 chip.
Industry sources cited in the report stated that Tesla is pushing to increase the production volume of its AI6 chip, which will be manufactured using Samsung’s 2-nanometer process.
Tesla previously signed a long-term foundry agreement with Samsung covering AI6 production through December 31, 2033. The deal was reportedly valued at about 22.8 trillion won (roughly $16–17 billion).
Under the existing agreement, Tesla secured approximately 16,000 wafers per month from the facility. The company has reportedly requested an additional 24,000 wafers per month, which would bring total production capacity to around 40,000 wafers if finalized.
Tesla purchasing executives are expected to discuss detailed supply terms during their visit to Samsung this week.
The AI6 chip is expected to support several Tesla technologies. Industry sources stated that the chip could be used for the company’s Full Self-Driving system, the Optimus humanoid robot, and Tesla’s internal AI data centers.
The report also indicated that AI6 clusters could replace the role previously planned for Tesla’s Dojo AI supercomputer. Instead of a single system, multiple AI6 chips would be combined into server-level clusters.
Tesla’s semiconductor collaboration with Samsung dates back several years. Samsung participated in the design of Tesla’s HW3 (AI3) chip and manufactured it using a 14-nanometer process. The HW4 chip currently used in Tesla vehicles was also produced by Samsung using a 5-nanometer node.
Tesla previously planned to split production of its AI5 chip between Samsung and TSMC. However, the company reportedly chose Samsung as the primary partner for the newer AI6 chip.
Elon Musk
Elon Musk: Tesla could be first to build AGI in humanoid form
Musk’s statement was shared in a post on social media platform X.
Elon Musk predicted that Tesla could become one of the developers of Artificial General Intelligence (AGI) in humanoid form. Musk’s statement was shared in a post on social media platform X.
In his post, Musk stated that “Tesla will be one of the companies to make AGI and probably the first to make it in humanoid/atom-shaping form.”
The comment comes as Tesla expands development of its Optimus humanoid robot.
During Tesla’s Q4 earnings report, Elon Musk stated that production of the Model S and Model X would be phased out at its Fremont, California, facility. The vehicles’ production line will then be converted to a pilot line for Optimus. Tesla is looking to produce 1 million units of the humanoid robots annually to start.
Musk has previously stated that Optimus could eventually function as a von Neumann probe. The concept, proposed by mathematician John von Neumann, describes a machine capable of replicating itself using planetary resources and sending those replicas to other worlds.
Optimus would likely only be able to achieve this potential if it manages to achieve Artificial General Intelligence.
Other leaders in the AI sector have also expressed strong expectations about AGI’s potential. Demis Hassabis, CEO of Google DeepMind, recently spoke about the technology at the India AI Impact Summit 2026, as noted in a Benzinga report.
“It’s going to be something like ten times the impact of the Industrial Revolution, but happening at ten times the speed,” Hassabis said.
Elon Musk’s recent comments about Tesla producing a product with AGI could hint at further collaboration among his companies. So far, Tesla is actively pursuing autonomous driving, but it is xAI that is pursuing AGI with its Grok program.
Considering that Elon Musk mentioned a Tesla humanoid product with AGI, it appears that an Optimus robot running xAI’s AI models could become a reality.
xAI had recently merged with SpaceX, though reports suggest that Elon Musk is also considering an even bigger merger for all his companies, including Tesla.
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Tesla influencers argue company’s polarizing Full Self-Driving transfer decision
Tesla maintains it will honor transfers for orders with initial delivery windows before the deadline and offers full deposit refunds otherwise, citing longstanding fine print that the program is “subject to change at any time.”
Tesla’s decision to tighten its Full Self-Driving (FSD) transfer promotion has ignited fierce debate among owners and enthusiasts.
The company quietly updated its terms in late February 2026, changing the eligibility from “order by March 31, 2026” to “take delivery by March 31, 2026.”
What began as a flexible incentive to boost sales, allowing buyers to transfer their paid FSD (Supervised) to a new vehicle, now excludes many, particularly Cybertruck owners facing delivery delays into summer or later.
Tesla maintains it will honor transfers for orders with initial delivery windows before the deadline and offers full deposit refunds otherwise, citing longstanding fine print that the program is “subject to change at any time.”
The reversal has polarized the Tesla community, with accusations of a “bait-and-switch” clashing against defenses of corporate pragmatism. Many owners who placed orders under the original wording feel betrayed, especially as production backlogs and new unsupervised FSD rollout complicate timelines.
However, Tesla has allowed them to cancel their orders and receive a refund.
Critics of the decision argue that the change disadvantages loyal customers who helped fund FSD development, calling it poor communication and a revenue grab as Tesla pivots toward subscriptions.
Popular influencers have amplified the divide. Whole Mars Catalog struck a measured but firm tone, acknowledging the original “order by” language but emphasizing Tesla’s right to adjust terms. He has continued to defend Tesla in this particular issue:
Sad to see so many fans trashing Tesla with such extreme language.
LIARS!!! PATHETIC!!! And if you aren’t as furious and angry as they are they are you’re “worshipping” and saying “they can do no wrong”.
Let’s get real here. They’re not liars. They offered FSD transfer to us… https://t.co/3Ay7vGaVR6
— Whole Mars Catalog (@wholemars) March 3, 2026
He criticized extreme backlash as “dramatization” and “spoiled kids,” noting the unsupervised FSD era and broader sales challenges make blanket transfers financially risky. Whole Mars advocated for polite outreach to CEO Elon Musk over the issue.
Rather than “calling them out”, I would simply say “Hey Elon, really hoped to be able to do FSD transfer on my cybertruck but the terms changed. Would really appreciate if Tesla could extend this to everyone who ordered before the terms changes”
that would probably work
— Whole Mars Catalog (@wholemars) March 3, 2026
In a contrasting perspective, Dirty TesLA voiced sharper frustration, posting that blocking transfers feels “crazy” and distancing himself from “people that want to worship a corporation and say they can do no wrong.” His stance resonated with owners who view the policy flip as disrespectful to early adopters.
Popular Tesla influencer Sawyer Merritt captured the frustration felt by thousands. In a widely shared thread viewed over 700,000 times, Merritt detailed how pre-change Cybertruck orders now risk losing FSD eligibility unless their initial delivery window falls before March 31.
It’s not a contradiction, it’s a change in policy that Tesla just made an hour ago. I am trying to check if the change is retroactive to all existing orders, including Cybertruck AWD orders, because if it is, that sucks big time.
— Sawyer Merritt (@SawyerMerritt) February 28, 2026
The controversy underscores deeper tensions—between Tesla’s need for revenue discipline and owners’ expectations of goodwill. As FSD evolves toward unsupervised capability, the community remains split: some see the change as necessary business, others as a broken promise. Whether Tesla reconsiders under pressure or holds firm remains to be seen, but it does not appear they are planning to budge.