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The saga continues with Model X driver involved in Montana crash

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Mr. Pang is back this time with a second open letter to Tesla

The Tesla Model X driver involved in a Montana crash while using Autopilot is stirring up controversy once again this time asking Tesla Motors to reveal additional details from the incident. It seems that language differences play a large role in this dispute. Acting as his representative, Steven Xu sent us a second open letter Mr. Pang penned to Elon Musk, in which he takes issue with Tesla’s account of the accident. The open letter reads as follows:

Here is the second letter from my friend, Mr.Pang.

To Tesla Team:

It has been weeks since I published the letter. No one has ever tried to contact us and discus about the crash. To fully understand the reason that caused this crash is critical for all tesla drivers. After awhile tesla published a response towards our letter. Most of parts are fit into the story. However there are few points that I would like to point out.

“From this data, we learned that after you engaged Autosteer, your hands were not detected on the steering wheel for over two minutes. This is contrary to the terms of use when first enabling the feature and the visual alert presented you every time Autosteer is activated.”

I admit that my hands were out of steering wheel after I engaged autopilot. The reason that I was doing that is because I put too much faith in this system. I also believe most Tesla driver would do the something when they
engage autopilot including Elon. The problem here is that Tesla had over advertised this feature by calling it “autopilot”. This feature should named “advance driving assistant”. It is possible that Tesla had known accident like this would come sooner or later. Tesla might think that setting up the term by saying “please put hands on steering wheel at all time” would be response free for Tesla.

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2、 As road conditions became increasingly uncertain, the vehicle again alerted you to put your hands on the wheel.

The road condition was better than fine. Lane mark is absolutely clear. Road is flat and there is no incoming car. No matter what my sight was never out of the road. However everything was happened too fast for me to take control. Everything happened in less than a second.

3、No steering torque was then detected until Autosteer was disabled with an abrupt steering action. Immediately following detection of the first impact, adaptive cruise control was also disabled, the vehicle began to slow, and you applied the brake pedal.

No one should avoid the cause of the malfunction of autopilot feature. Since you start explaining it, I realize that you are implying that some sort of force was applied to the steering wheel by me. I had no idea how Tesla got this clue. There are two points I want to make here. First, my hands were not on the steering wheel. Second no obstacle was on the road to alter the steering wheel direction. The one and the only one that was taking control of this entire vehicle and steering it away from the road is autopilot software itself. Somehow I realize if my hands were on the steering wheel with a force, would Tesla blame me for the collision? To me it looks like that if an accident occur by autopilot, either hands are on or not on the steering wheel, Tesla can always find a way out by saying “abrupt steering action”.

Tesla also claimed that “abrupt steering adaptive cruise control was also disabled, the vehicle began to slow.”

This is nowhere near the truth. The real thing is that vehicle was NEVER attended to slow from hitting the first pole towards the last. It only took about a second to hit 12 wood poles. I believe if it wasn’t me who brake the vehicle it would continued cruising. Mr. Huang was injured severely due to high speed impact.

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Tesla as a global impact company should respect the truth of every incident. Nothing is more important hand human life. Lying or manipulating towards public about what really happened is unacceptable.

Weeks ago I got contacted by Tesla regarding this accident. Since you cannot find a mandarin translator, we rearranged the call again in four hours. However that was the last time when Tesla tries to contact me. What I am asking is to fully reveal the driving data from the collision. Reliability of Autopilot software matters to hundreds and thousands of Tesla drivers. I wish to know the entire story about what really happened on us on that collision.

Thanks

Sincerely
Mr. Pang

Steven Xu pointed us to comments being made on the Tesla Motors Club forum that seemingly offers Mr. Pang no support at all. In fact, based on those comments, there almost seems to be a cultural bias in play in this situation. One wonders if perhaps things would seem different if they were driving a car in China that only displayed instructions in Mandarin.

Pang’s complaint is very similar to one lodged by a Chinese customer last month whose Tesla crashed on the highway on the way to work. He claimed that the salesman he spoke to before purchasing his car told him specifically that the car could drive itself and proved it by driving with his hands off the wheel during a test drive. Tesla later amended the language it uses to describe its Autopilot system on its Chinese website. It’s possible that same linguistic confusion has a bearing on Mr. Pang’s unfortunate accident.

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At this point, it seems the matter will be handled by insurance companies and lawyers. Tesla apparently has had no further contact with Pang. Through Steven, Pang says, “Weeks ago I got contacted by Tesla regarding this accident. Since you cannot find a Mandarin translator, we re-arranged the call again in four hours. However, that was the last time when Tesla tries to contact me.

“What I am asking is to fully reveal the driving data from the collision. Reliability of Autopilot software
matters to hundreds and thousands of Tesla drivers. I wish to know the entire story about what really happened on us on that collision.”

"I write about technology and the coming zero emissions revolution."

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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.

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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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Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.

Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:

“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”

The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.

Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.

His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.

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Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.

That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.

Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.

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