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Volkswagen’s Dieselgate software fix has another cheat device: German court

A Volkswagen diesel engine. (Credit: Volkswagen)

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It appears that Volkswagen’s high-profile Dieselgate scandal won’t let go of the veteran German automaker just yet. In a recent decision, a district court in Düsseldorf, Germany has declared that Volkswagen’s software fix for vehicles affected by its Dieselgate emissions cheating scandal that broke in 2015 actually contained another cheating device. 

With this development, the carmaker could face a new wave of claims from hundreds of thousands of car buyers whose vehicles were supposedly addressed by the Dieselgate software fix. This could also result in an equally large number of Volkswagen diesel owners receiving compensation over the company’s newly-discovered emissions manipulation efforts

According to the findings of the Düsseldorf district court, Volkswagen’s Dieselgate software fix was intended to ensure that the emissions of vehicles affected by the scandal were appropriately controlled. Unfortunately, it turned out that the exhaust gas cleaning system in the update only worked at outside temperatures between 10-32 degrees Celsius. In the event that the weather falls below or above this range, the cleaning remains disabled, allowing the affected vehicles to overly-pollute as before. 

The district court noted that the cheat devices in the software fix would affect diesel-powered vehicles from Volkswagen, Audi, Seat, and Skoda. The defeat device in the software fix of the original Dieselgate defeat device has only been announced by the Düsseldorf court recently, which means that a notable number of vehicles that were supposedly fixed by Volkswagen continue to emit more harmful emissions until today.  

As noted in a WallStreet-Online.de report, the repercussions of the Düsseldorf court’s decision will likely be explosive. Claims from owners who owned the affected vehicles from the original Dieselgate had mostly been settled years ago, and Volkswagen has argued that any more claims should be barred by the courts since over three years have passed since the scandal broke. The rigged software fix could now lead to the statute of limitations to run again. 

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The news of Volkswagen’s cheat device inside a cheat device comes on the heels of a recent announcement about one of the company’s new diesel engines. In an interview about Volkswagen’s 2.0 TDI EA288 Evo diesel engine, the carmaker’s Head of Diesel Engine Development, Sebastian Willmann, proved very enthusiastic, praising it due to its low emissions and efficiency. 

“Diesel has always been very economical and now it is absolutely clean. Vehicles with the latest emission technology, such as our current diesel engines, emit only very low nitrogen oxide emissions. Our models are at the level of the best competitors… Especially in heavier vehicles, where large ranges and a lot of torque are required and possibly even a trailer to be pulled, the diesel is still the most efficient drive today,” he said.

H/T Alex Voigt.

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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Elon Musk’s lawsuit against OpenAI and Microsoft is heading to jury trial

The ruling keeps alive claims that OpenAI misled the Tesla CEO about its charitable purpose while accepting billions of dollars in funding.

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Gage Skidmore, CC BY-SA 4.0 , via Wikimedia Commons

OpenAI Inc. and Microsoft will face a jury trial this spring after a federal judge rejected their efforts to dismiss Elon Musk’s lawsuit, which accuses the artificial intelligence startup of abandoning its original nonprofit mission. The ruling keeps alive claims that OpenAI misled the Tesla CEO about its charitable purpose while accepting billions of dollars in funding.

As noted in a report from Bloomberg News, a federal judge in Oakland, California, ruled that OpenAI Inc. and Microsoft failed to show that Musk’s claims should be dismissed. U.S. District Judge Yvonne Gonzalez Rogers stated that while the evidence remains unclear, Musk has maintained that OpenAI “had a specific charitable purpose and that he attached two fundamental terms to it: that OpenAI be open source and that it would remain a nonprofit — purposes consistent with OpenAI’s charter and mission.”

Judge Gonzalez Rogers also rejected an argument by OpenAI suggesting that Musk’s use of an intermediary to donate $38 million in seed money to the company stripped him of legal standing. “Holding otherwise would significantly reduce the enforcement of a large swath of charitable trusts, contrary to the modern trend,” Judge Gonzalez Rogers wrote.

The judge also declined to dismiss Musk’s fraud allegations, citing internal OpenAI communications from 2017 involving co-founder Greg Brockman. In an email cited by the judge, fellow OpenAI board member Shivon Zilis informed Musk that Brockman would “like to continue with the non-profit structure.”

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Just two months later, however, Brockman wrote in a private note that he “cannot say that we are committed to the non-profit. don’t want to say that we’re committed. if three months later we’re doing b-corp then it was a lie.”

Marc Toberoff, a member of Musk’s legal team, said Judge Gonzalez Rogers’s ruling confirms that “there is substantial evidence that OpenAI’s leadership made knowingly false assurances to Mr. Musk about its charitable mission that they never honored in favor of their personal self-enrichment.”

OpenAI, for its part, maintained that Musk’s legal efforts are baseless. In a statement, the AI startup said it is looking forward to the upcoming trial. “Mr. Musk’s lawsuit continues to be baseless and a part of his ongoing pattern of harassment, and we look forward to demonstrating this at trial. We remain focused on empowering the OpenAI Foundation, which is already one of the best-resourced nonprofits ever,” OpenAI stated.

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Tesla arsonist who burned Cybertruck sees end of FAFO journey

The man has now reached the “Find Out” stage.

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Credit: U.S. Attorney’s Office, District of Arizona

A Mesa, Arizona man has been sentenced to five years in federal prison for setting fire to a Tesla location and vehicle in a politically motivated arson attack, federal prosecutors have stated. 

The April 2025 incident destroyed a Tesla Cybertruck, endangered first responders, and triggered mandatory sentencing under federal arson laws.

A five-year sentence

U.S. District Judge Diane J. Humetewa sentenced Ian William Moses, 35, of Mesa, Arizona, to 5 years in prison followed by 3 years of supervised release for maliciously damaging property and vehicles by means of fire. Moses pleaded guilty in October to all five counts brought by a federal grand jury. Restitution will be determined at a hearing scheduled for April 13, 2026.

As per court records, surveillance footage showed Moses arriving at a Tesla store in Mesa shortly before 2 a.m. on April 28, 2025, carrying a gasoline can and backpack. Investigators stated that he placed fire starter logs near the building, poured gasoline on the structure and three vehicles, and ignited the fire. The blaze destroyed a Tesla Cybertruck. Moses fled the scene on a bicycle and was arrested by Mesa police about a quarter mile away, roughly an hour later.

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Authorities said Moses was still wearing the same clothing seen on camera at the time of his arrest and was carrying a hand-drawn map marking the dealership’s location. Moses also painted the word “Theif” on the walls of the Tesla location, prompting jokes from social media users and Tesla community members. 

The “Finding Out” stage

U.S. Attorney Timothy Courchaine noted that Moses’ sentence reflects the gravity of his crime. He also highlighted that arson is never acceptable. 

“Arson can never be an acceptable part of American politics. Mr. Moses’ actions endangered the public and first responders and could have easily turned deadly. This five-year sentence reflects the gravity of these crimes and makes clear that politically fueled attacks on Arizona’s communities and businesses will be met with full accountability.”

Maricopa County Attorney Rachel Mitchell echoed the same sentiments, stating that regardless of Moses’ sentiments towards Elon Musk, his actions are not defensible. 

“This sentence sends a clear message: violence and intimidation have no place in our community. Setting fire to a business in retaliation for political or personal grievances is not protest, it is a crime. Our community deserves to feel safe, and this sentence underscores that Maricopa County will not tolerate political violence in any form.”

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Tesla says its Texas lithium refinery is now operational and unlike anything in North America

Elon Musk separately described the site as both the most advanced and the largest lithium refinery in the United States.

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Credit: Tesla/YouTube

Tesla has confirmed that its Texas lithium refinery is now operational, marking a major milestone for the company’s U.S. battery supply chain. In a newly released video, Tesla staff detailed how the facility converts raw spodumene ore directly into battery-grade lithium hydroxide, making it the first refinery of its kind in North America.

Elon Musk separately described the site as both the most advanced and the largest lithium refinery in the United States.

A first-of-its-kind lithium refining process

In the video, Tesla staff at the Texas lithium refinery near Corpus Christi explained that the facility processes spodumene, a lithium-rich hard-rock ore, directly into battery-grade lithium hydroxide on site. The approach bypasses intermediate refining steps commonly used elsewhere in the industry.

According to the staff, spodumene is processed through kilns and cooling systems before undergoing alkaline leaching, purification, and crystallization. The resulting lithium hydroxide is suitable for use in batteries for energy storage and electric vehicles. Tesla employees noted that the process is simpler and less expensive than traditional refining methods.

Staff at the facility added that the process eliminates hazardous byproducts typically associated with lithium refining. “Our process is more sustainable than traditional methods and eliminates hazardous byproducts, and instead produces a co-product named anhydrite, used in concrete mixes,” an employee noted. 

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Musk calls the facility the largest lithium refinery in America

The refinery’s development timeline has been very impressive. The project moved from breaking ground in 2023 to integrated plant startup in 2025 by running feasibility studies, design, and construction in parallel. This compressed schedule enabled the fastest time-to-market for a refinery using this type of technology. This 2026, the facility has become operational. 

Elon Musk echoed the significance of the project in posts on X, stating that “the largest Lithium refinery in America is now operational.” In a separate comment, Musk described the site as “the most advanced lithium refinery in the world” and emphasized that the facility is “very clean.”

By bringing large-scale lithium hydroxide production online in Texas, Tesla is positioning itself to reduce reliance on foreign refining capacity while supporting its growth in battery and vehicle production. The refinery also complements Tesla’s nascent domestic battery manufacturing efforts, which could very well be a difference maker in the market.

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