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Opinion: Tesla FSD Beta critics’ pearl-clutching and outrage are getting ridiculous

Credit: @BLKMDL3/Twitter

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Tesla’s “Request Full Self-Driving Beta” button is here, and so is the Fear Uncertainty and Doubt (FUD). Over the weekend, Tesla owners with qualified vehicles and who purchased the company’s Full Self-Drivings suite were able to press a button that would allow them to apply for a slot in the company’s soon-to-be-expanded FSD Beta program. The company also launched its Safety Score system as a way to help determine which of its customers are safe drivers. 

True to form, it did not take long before Tesla critics pounced on the “Request FSD Beta” button and the company’s “Safety Score” system. Pretty soon, even a US Senator joined the fray in condemning the FSD Beta program. While this is not a surprise and almost expected considering Tesla’s history, it must be said that this time, the pearl-clutching and outrage from the company’s critics are getting quite ridiculous. 

Tesla’s Strategy

To get proper context on the FSD Beta expansion, one must know how Tesla started the program in the first place. The FSD Beta program was launched in October 2020, and for nearly a year, it was limited to just about 2,000 drivers. These drivers have accumulated valuable real-world data over the past 11 months, and none were involved in an accident. This effectively did two things: one; it proved that the FSD Beta program is feasible, and two; it set a very high bar for the rest of the FSD Beta rollout. 

Expanding the FSD Beta program requires tons of caution. Thus, it was no surprise that the company launched a Safety Rating system designed to evaluate the driving behavior of Tesla owners. This effectively gave the company a rather objective way to evaluate which drivers could participate in the FSD Beta program expansion. It should also be noted that owners who qualify for the program would not be using a consumer release version of the Full Self-Driving suite. They would simply be part of the FSD Beta test program. 

Clutching Pearls

This fact seems to have escaped some of the media coverage about the FSD Beta program expansion. Bloomberg, for one, ran with a headline that read “Tesla Starts Judging Owners It Charged $10,000 for Self-Driving.” This premise is quite incorrect as the $10,000 Full Self Driving suite being sold by Tesla is a consumer release product, not the advanced driver-assist system that would be used by owners who qualify for the FSD Beta program. Despite this, sentiments opposing the program, as well as the Safety Score system, have been quite evident among the company’s critics. 

Such a misinformed take was evident in a Twitter post shared by US Senator Richard Blumenthal, who noted that Tesla was “putting untrained drivers on public roads as testers for their misleadingly-named, unproven system.” The Senator added that the FSD Beta strategy is a “seeming recipe for disaster” as the company is playing “Russian Roulette for unsuspecting drivers & the public.” Interestingly enough, the politician also cited a tweet from CNBC, which included an article that is, in many ways, slanted against the EV maker.

Outdated Information 

Wrong takes on hot topics are typically due to outdated information, and in the case of US Senator Blumenthal, this might be the case. Back in 2018, the politician rode in a Model 3 with Consumer Reports Head of Auto Testing Jake Fisher, who was operating a version of Tesla’s Autopilot that is now incredibly outdated. During the drive, Fisher was quick to point out what capabilities Autopilot was lacking, all while operating the system without his hands on the wheel. 

Consumer Reports is hardly a Tesla authority considering that the magazine, which prides itself on consumer advocacy, quite literally featured a thorough walkthrough on how to abuse Tesla’s Autopilot system back in April using defeat devices and a variety of tricks. If Blumenthal is basing his take on Tesla on CNBC‘s recent reporting — which was slanted negatively against the EV maker — and his past experiences with Consumer Reports — which operates Autopilot irresponsibly — then it is no wonder that he is skeptical about the FSD Beta test expansion. 

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The Irony of it All

The most ironic thing about the pearl-clutching and outrage among Tesla critics today is the fact that the “Request FSD Beta” button essentially does nothing for now. It does not make owners who press the button automatic FSD Beta testers. They’d have to have great Safety Scores for that. And due to the presence of Safety Scores, Tesla owners who wish to participate in the FSD Beta program are now driving safer than ever before. The company effectively incentivized safe driving this weekend, and somehow, it was still met with a ton of negativity. 

Also ironic is the fact that statistics are on Tesla’s side. Take the well-publicized NHTSA investigation on Autopilot crashing into stationary emergency vehicles, for example. When the probe was launched, the news was extensively covered with headlines like CNN‘sTesla is under investigation because its cars can’t stop hitting emergency vehicles.” But while such headlines are compelling, the fact is that the US Government Accountability Office (GAO) report notes that there are about 8,000 stationary emergency vehicle crash injuries per year. Tesla had nine crash injuries with stationary first responder vehicles in the last 12 months, and some of those involved drivers who were not paying attention to the road. 

The NHTSA notes that there are about 2,740,000 crash injuries in the United States per year, and there’s hardly any outrage for the human lives included in this grim statistic. Tesla’s Full Self-Driving system, which generally drives very conservatively, could effectively reduce this number by a notable margin. It is then quite disappointing to see the narrative being formed around the expansion of the FSD Beta program, especially considering that the advanced driver-assist system would only be released for owners who generally drive safely. 

Valid Tesla Criticism

Interestingly enough, there are actual valid angles of criticism for Tesla’s FSD Beta rollout. The program for now is vastly focused on the United States, but the company sells the FSD suite to owners worldwide. It would then be beneficial to Tesla owners if the program’s expansion is expedited to areas such as Canada and Europe, to name a few. FSD, after all, is intended to be a universal system that should be capable of operating anywhere. Following this logic, FSD Beta must be tested on a wider set of areas as well — as soon as possible. 

There are also Tesla owners who purchased the Full Self-Driving suite years ago on vehicles that are still equipped with MCU1 units. Some of these vehicles are already coming out of warranty, and their owners are yet to enjoy any FSD features since most of the advanced driver-assist system’s functions today require an MCU2 unit. Considering that Tesla owners were promised that their cars would be equipped with the hardware necessary for Full Self-Driving with an FSD suite purchase, it would only be right for Tesla to expedite MCU1 to MCU2 retrofits for owners with vehicles that were produced from March 2018 or earlier. 

But misrepresenting the FSD Beta program expansion and criticizing the Safety Score system, that’s a far harder sell. 

Don’t hesitate to contact us with news tips. Just send a message to tips@teslarati.com to give us a heads up. 

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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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Investor's Corner

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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Investor's Corner

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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