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Tesla China owner ordered to pay damages after describing Model X as “suicide toy”

Credit: Tesla China/Twitter

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Tesla China’s legal team has secured another win, with the electric vehicle maker recently winning a defamation case filed against a Model X owner who previously described his vehicle as a “killing” or “suicide toy” in statements to the media. The court’s judgment required the defendant to post a public apology in a local newspaper and pay a fine of RMB 10,000 ($1,412) due to his actions. 

The Model X owner, dubbed in reports as Mr. Wen, was reportedly driving his Model X from Fuyang to Zhengzhou when the vehicle suddenly decreased its speed from 100 km/h to 60 km/h. In later interviews with the media, Mr. Wen stated that the Model X’s brakes failed, which turned the all-electric vehicle into a “suicide toy.” 

Apart from this, the Model X owner claimed that no one from Tesla China contacted him about the incident despite the malfunction. This statement was proven false as per the court ruling, since evidence showed that a Tesla China staff member contacted Mr. Wen on the day of the incident to get details on the situation. 

The Tesla China staff member reportedly tried to get the vehicle inspected, but despite several tries from the electric vehicle maker, the Model X owner reportedly refused, according to the court order. As noted in the verdict, Mr. Wen later made statements in interviews that were inconsistent with the facts of the case. These statements ended up having a negative impact on Tesla’s business image in China. 

Following is a screenshot of the court’s decision on the case. 

And following is a rough translation of the text. 

People’s Court of Guancheng Hui District, Zhengzhou City, Henan Province

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Civil Judgment 

(2022) Henan 0104 Minchu No. 8276

Plaintiff: Tesla Motors (Beijing) Co., Ltd., domiciled in Chaozhou, Beijing 

Room 01, Room 801, 8th Floor, No. 77 Jianguo Road, Yang District. 

Legal representative: [redacted]

Agent ad litem: [redacted]

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Defendant: Wen 

Court judgment: 

1. It is determined that Mr. Wen’s remarks constitute infringement 

2. Mr. Wen apologizes to Tesla 

3. Mr. Wen compensates Tesla for losses 

This court holds that civil subjects enjoy the right of reputation. No organization or individual may infringe upon the reputation rights of others by insulting or slandering. The right of reputation of a legal person refers to the right of a legal person not to be infringed by others for the social evaluation generated by all its activities. The plaintiff, as an enterprise legal person, enjoys the right of reputation according to law, and no one is allowed to fabricate or spread false information that damages the reputation and external image of its products. In this case, the defendant stated in an interview that no one contacted him after the vehicle involved in the case broke down, and claimed that the plaintiff company was “a dead pig is not afraid of boiling water”, which is inconsistent with the facts. 

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The evidence submitted by the plaintiff shows that on the day when the breakdown of the vehicle involved in the case occurred, a staff member contacted the defendant to understand the situation and made a request to inspect the vehicle involved in the case. He also communicated with the defendant many times about maintenance matters, but the defendant refused. However, in the interview, the defendant made a statement that was inconsistent with the facts, telling the plaintiff that consumers should send the vehicle for inspection and maintenance in time, and legally protect the rights of the problems with the vehicle. 

However, the defendant refused to overhaul it, and made a statement under the condition that he believed that there was no major problem with the vehicle, “I bought a Tesla for 1.5 million, and I bought a killing toy or a suicide toy. It is worth it” and “I am not buying an electronic bomb, I am buying safety, what I want is safety and other statements containing derogatory language. The above-mentioned remarks of the defendant have been released and reproduced by the media platform, which has caused public criticism of the plaintiff, and the negative evaluation of the “Tesla” brand caused the plaintiff’s social evaluation to be lowered and the plaintiff’s right of reputation was violated. 

To sum up, in accordance with Articles 110 and 1024 of the Civil Code of the People’s Republic of China and Paragraph 1 of Article 67 of the Civil Procedure Law of the People’s Republic of China, the Supreme People’s Court Article 12, Paragraph 2 of the Provisions on Several Issues concerning the Application of Law in Civil Dispute Cases of Infringement of Personal Rights and Interests Using Information Networks stipulates that the judgment is as follows: 

  1. The defendant Wen apologized to the plaintiff Tesla Motors (Beijing) Co., Ltd. within ten days after this judgment came into effect, and the content of the apology was reviewed and approved by the court. It was later published in “Henan Legal News”;
  2. The defendant Wen shall compensate the plaintiff Tesla Motors (Beijing) Co., Ltd. 10,000 yuan within ten days after this judgment takes effect.

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

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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Tesla’s Roadster appearance at SpaceX has merger watchers talking

Tesla’s next generation Roadster was spotted at SpaceX’s Hawthorne headquarters, two weeks after its unveiling.

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The Roadster’s rear wing, one of the aerodynamic elements Tesla pairs with a fan-based downforce system. (Image: Tesla)

Tesla’s next generation Roadster turned up at SpaceX’s headquarters in Hawthorne, California on Wednesday, less than two weeks after the car flew off a ramp at its unveiling in Texas.

Photos shared on X by SpaceX Engineer (@DeannaRiceSPCX) show the new Roadster parked outdoors beside the famed Falcon 9 that stands outside company headquarters at the corner of Crenshaw Boulevard and Jack Northrop Avenue. Rocket B1019 was the first orbital-class booster ever to land after a launch on December 21, 2015 after it sent 11 Orbcomm satellites to orbit and then flew back to Landing Zone 1 at Cape Canaveral, which would be the first landing in what became SpaceX’s reusable rocket program. SpaceX chose not to fly it again. After a test fire in Florida, the booster was shipped to Hawthorne and raised upright as a permanent monument in August 2016, as Teslarati reported at the time. Putting the Roadster, which flies on SpaceX cold gas thrusters, next to the rocket that started SpaceX’s landings is symbolic in itself.

The Thrust and Rocket versions of the Roadster use cold gas thrusters fed by composite overwrapped pressure vessels, the same type of tank SpaceX flies on Falcon 9, and Elon Musk described the car as the work of Tesla and SpaceX engineers working together. Tesla lists 0 to 60 mph in under 0.9 seconds for Thrust and under 0.59 seconds for Rocket, while the base Performance model relies on a fan and ground sealing system for grip, as Teslarati detailed in its breakdown of the three Roadster configurations.

Tesla has kept the car in the spotlight since the October 15 event near Waco. Last week, the company posted a video of the Roadster’s fighter jet inspired cockpit, including a Track Mode screen with a “Thruster · 5,500 PSI” readout, which we covered in our look at the Roadster’s center display. Musk also said owners will be able to ask the car to perform the stunts autonomously, and promised a looping track at Tesla’s Texas headquarters.

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The visit comes as special committees at Tesla and SpaceX weigh a possible merger, a step Musk confirmed on SpaceX’s third quarter earnings call. The Roadster, built on SpaceX hardware, has become one of the clearest examples of the two companies already building products together.

Musk said at the unveiling that Roadster production will begin in 2028. Reservations are open with a $50,000 payment, Thrust is listed as a limited release and Rocket is invite only. Tesla says the car is not approved for public road use.

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Verizon, AT&T and T-Mobile are trying to shut Starlink out before FCC vote

AT&T, Verizon and T-Mobile want 290 MHz cut from an FCC satellite plan before Thursday.

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Starlink D2D direct to device vs Verizon, AT&T (Concept render by Grok)

AT&T, Verizon and T-Mobile are asking the Federal Communications Commission to pull nearly 300 MHz of spectrum out of a proposal that would let satellite companies like SpaceX offer cell service directly to ordinary phones. The request lands one day before the agency votes on it.

The FCC will vote Thursday, October 29, on a notice of proposed rulemaking that would make an additional 482 MHz available for direct to device service, expanding the number of eligible bands from five to 13, according to the FCC fact sheet. It would also scrap the rule requiring a satellite operator to lease spectrum from carriers, replacing it with a certification that the operator has coexistence agreements in place or holds the terrestrial license itself.

That second path matters for SpaceX. As Teslarati reported earlier this month, SpaceX agreed to buy Grain Management’s nationwide 800 MHz portfolio to turn Starlink Mobile into a full US carrier, adding to the spectrum it already bought from EchoStar.

The carriers want two bands removed, 2.5 GHz and 3.45 GHz, which make up 290 MHz of the 482 MHz on the table. Through industry group CTIA, they argued that about 300 million users depend on those bands and that satellite operations in them are not technically feasible. T-Mobile, which calls 2.5 GHz the foundation of its Ultra Capacity 5G network, said in its own filing that satellite interference could wipe out up to 96% of a cell site’s uplink coverage area and cut uplink speeds by 88% to 99%.

Executives from all three carriers met with FCC staff on October 20, and T-Mobile CEO Srini Gopalan met separately with FCC Chairman Brendan Carr. T-Mobile’s role stands out because it is still SpaceX’s US launch partner for Starlink Mobile. The three carriers have also teamed up on their own satellite joint venture to pool spectrum, a move widely seen as a response to Starlink.

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SpaceX is asking for the opposite. In an October 23 filing after meetings with FCC staff and commissioners’ offices, the company asked regulators to add the 902 to 928 MHz band to the proposal. “Doing so now saves time later,” SpaceX wrote. The company also asked the FCC to modernize interference rules and align satellite deployment requirements with those for terrestrial cell networks, saying the goal is to let satellite and ground networks work together so Americans stay connected wherever they are.

The carriers have not been shy about how they view SpaceX as a competitor. On Verizon’s third quarter earnings call Monday, its chief executive said Starlink Mobile “just can’t compete with a terrestrial network” and estimated SpaceX would need four to six years and $300 billion to $500 billion to build a full US carrier network.

Thursday’s vote will not settle which bands survive. Adopting the notice opens a public comment period, with final rules to come later in the proceeding. The FCC already considered and rejected 2.5 GHz for satellite coverage once, in 2024. SpaceX also is not the only satellite player watching: the FCC approved Amazon’s $11.6 billion acquisition of Globalstar on October 27, giving its planned direct to device fleet its own mobile satellite spectrum.

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Tesla Semi catches fire in California: what we know

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Credit: KTVU

A Tesla Semi caught fire in Hayward, California, which caused both directions of traffic to shut down for hours before being completely reopened early on Wednesday, the California Highway Patrol said.

The fire occurred just after 5:30 local time in Hayward on Tuesday, as the Semi caught fire in the southbound lanes of I-880 before CHP officials made the decision to shut down both lanes of traffic due to potential risks from hazardous chemical smoke.

There were no injuries reported.

The cause of the fire is currently unknown, as neither Tesla nor the CHP have not determined a cause.

However, some images taken before the Semi was completely destroyed by the fire seem to indicate this might have been an older unit, as it appears to be one of the designs that Tesla shipped as part of its pilot program, before revising it and starting mass production just a month ago.

At the time of publication, CHP had not returned our request for a comment for additional details, including the Semi involved and any potential collaboration on an investigation between the CHP and Tesla. We will update this story when we hear back from them.

The southbound lanes were reopened at 3:30 a.m. on Wednesday, with the northbound lanes opening last night a few hours after the fire began. The CHP did state that the lithium batteries were “incredibly difficult to extinguish,” according to NBC Bay Area.

The truck’s driver said that the Semi caught fire, but he did not have an explanation.

An estimated 5,000 to 7,000 semi-truck and large commercial vehicle fires occur on U.S. roadways every year.

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