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It is Tuesday, February 24th, 
2026 and we were looking at a 

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story today that broke yesterday
involving Tesla and the 

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California DMV. 
Yeah, and it's, well, it's a bit

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of a puzzle when you actually 
map out the timeline of the last

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week. 
Right, because at first glance, 

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if you just read the headlines, 
you'd think it looks like 

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standard corporate litigation. 
You know, a company suing a 

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regulator. 
Which happens every day, yeah, 

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but the strategy here is totally
inverted. 

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Usually you fight a legal battle
to avoid a penalty, but here the

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penalty was already off the 
table. 

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Exactly. 
So let's set the scene for you. 

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The headline is that Tesla filed
A lawsuit against the California

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Department of Motor Vehicles 
yesterday, Monday. 

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They are demanding that a state 
court overturned A ruling that 

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labeled them a false advertiser.
Which is a very heavy label. 

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That's not just a passing 
criticism from a regulator. 

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That is a formal legal 
classification, right? 

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But here's the part I'm really 
struggling to wrap my head 

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around. 
The DMV had previously 

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threatened to suspend Tesla's 
license to sell cars in 

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California if they didn't fix 
their marketing language 

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regarding Full Self Driving and 
Autopilot. 

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But they did fix it. 
They did. 

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As of last week, February 17th, 
the DMV, we effectively said OK,

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you change the language, you are
good to go, no suspension. 

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Correct. 
The gun was removed from their 

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head. 
The immediate threat to their 

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revenue stream, which is being 
unable to sell cars in their 

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biggest U.S. market, was 
neutralized. 

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So if the threat is gone and 
they've already complied with 

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the. 
Changes why so now, yeah. 

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Why represent yourself in court 
yesterday to fight a battle 

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that, on paper, is already over?
Why kick the hornet's nest? 

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That is the multi billion dollar
question we are unpacking today 

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and to understand the answer we 
have to look beyond just the 

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immediate threat of a license 
suspension. 

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We have to look at court filings
from February 13th, the DMV 

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rulings from two months ago, and
some crucial financial context. 

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OK, so let's start with the 
actual lawsuit first, the one 

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filed on February 13th. 
Right. 

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So Tesla's attorneys filed a 
complaint in state court, and 

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they are specifically targeting 
a decision made by the Office of

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Administrative Hearings, or OAH.
And the OAH is the body that 

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handles disputes between state 
agencies and businesses, right? 

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Exactly. 
And about two months ago, the 

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OAH ruled that Tesla had engaged
in false advertising by using 

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terms like Autopilot and full 
self driving. 

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And Tesla's response in this new
filing? 

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They are calling the ruling 
wrongful and baseless. 

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They are arguing that the OAH 
got the facts completely wrong 

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and that the label needs to be 
completely scrubbed from the 

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record. 
Wrongful and baseless. 

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I mean, that is very strong 
language for a company that 

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effectively just admitted they 
needed to clarify things by 

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adding supervised to the name of
the software. 

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Well, and that's the nuance 
they're trying to navigate here.

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Tesla saying fine we will change
the name to Full Self Driving 

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Supervised to keep the peace and
keep selling cars today, but 

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they are refusing to accept the 
premise that the original names 

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were inherently deceptive. 
I see, so the argument is more 

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like we're changing it to be 
helpful moving forward, but we 

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refuse to legally admit we were 
wrong in the past. 

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Precisely. 
It sounds like a matter of 

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corporate pride, but being 
legally categorized as a false 

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advertiser carries incredible 
weight. 

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It's about the permanent record.
So what is their actual defense?

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Because looking at it as a 
consumer, full self driving 

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seems like a pretty specific 
promise. 

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If I go to a restaurant and buy 
something called the Full roast 

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Beef and it's just two slices of
plain bread, I'm going to be 

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confused. 
Right, and that was exactly the 

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DMV's argument. 
They said the terms inherently 

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suggested the cars were 
autonomous when they weren't. 

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But Tesla's argument in this new
filing is really interesting. 

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They are leaning heavily on the 
idea that no one was actually 

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confused. 
Really, that's the defense. 

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Yeah, they argue the DMV never 
proved that consumers were 

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confused. 
They're filing claims that it 

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was, quote, impossible to buy 
the car or use the features 

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without seeing clear, repeated 
statements that the vehicle is 

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not autonomous. 
Impossible. 

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That seems like a very high bar 
to clear in court. 

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It is, but they are pointing to 
the user manual. 

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The on screen warnings every 
time you enable the feature, the

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fine print on the website, 
they're basically saying, look, 

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we told you to keep your hands 
on the wheel, we told you 

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require supervision. 
If you thought it drove itself, 

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you just weren't reading the 
instructions. 

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You know that reminds me of 
those terms and conditions we 

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all just scroll past on every 
app we download. 

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Legally, the text is there, but 
there is a serious tension 

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between a brand name like 
Autopilot and the fine print 

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telling you to keep your hands 
on the wheel. 

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It's the core tension of this 
entire saga. 

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For years Tesla has lived in in 
that gap. 

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Autopilot sounds like an 
airplane which still has pilots 

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but people associated with the 
plane flying itself. 

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Full self driving sounds like a 
robot but the screen says keep 

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your hands on the wheel. 
And they have made changes 

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recently to how they sell this. 
They have, you mentioned 

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supervised being added to the 
name last week, but they've also

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shifted the business model. 
It used to be this massive 

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upfront fee to buy FSD. 
Now they've really pivoted to a 

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subscription model. 
Which maybe changes the 

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expectation a bit. 
It frames it more as a software 

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service rather than a 
fundamental capability of the 

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physical car. 
Right, but clearly the DMV felt 

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that wasn't enough to erase the 
past marketing, which is why the

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OAH ruling happened in the first
place. 

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OK, but here is where I get 
stuck on Tesla's argument that 

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it was impossible for anyone to 
be confused because we have 

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eyes. 
We have seen how people treat 

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these cars on the road. 
The behavior suggests people 

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were very confused. 
Right. 

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I'm thinking specifically about 
that, that 60 Minutes interview.

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Do you remember this back in 
2018? 

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Vividly. 
That clip is basically legendary

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in legal circles at this point. 
So Elon Musk is in a model 3 

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with Leslie Stahl. 
They were on the highway and he 

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literally takes his hands off 
the wheel. 

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Hands completely in the air. 
Gesturing while he talks, he 

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tells her he is, quote, not 
doing anything, and he claims 

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the car is driving itself. 
Now, if the CEO of the company 

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is on national television 
demonstrating that, doesn't that

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totally undermine the argument 
that consumers should just read 

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the manual and keep their hands 
on the wheel? 

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It absolutely complicates their 
defense. 

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You can point to the manual all 
day long, but if the public 

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demonstration by the face of the
company contradicts that manual,

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a jury is going to have a really
hard time accepting that no 

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reasonable person was confused. 
Because the CEO was acting like 

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it was fully autonomous. 
Exactly, and juries are already 

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having a hard time with it. 
Look at the fatal crash verdict 

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from late last. 
Year the $243 million verdict. 

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Yes, this is a crucial piece of 
context for why Tesla is 

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fighting the DMV so hard right 
now. 

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Right. 
So in that specific case, the 

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driver was on the highway and 
dropped his phone. 

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Correct. 
He was driving, dropped his 

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phone and scrambled to pick it 
up, and he testified that he 

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relied on the Enhanced Autopilot
system to brake for an obstacle 

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while he was looking down. 
And it didn't brake. 

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It didn't, and the during held 
Tesla partly liable for the 

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crash. 
They looked at the situation and

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decided that, yes, the driver 
was distracted, but the company 

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bears responsibility for 
creating an expectation of Stacy

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that just didn't exist. 
Which feels like a direct 

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refutation of what Tesla's 
arguing in this new lawsuit. 

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Tesla's saying it's impossible 
to be confused and a jury 

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literally just said this driver 
was confused and it is partly 

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your fault. 
Exactly, and that verdict was 

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nearly 1/4 of a billion dollars.
Now imagine if the state of 

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California, which is the biggest
car market in the US, has a 

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finalized, uncontested ruling on
the books that officially labels

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Tesla a false advertiser 
regarding autonomy. 

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It's Exhibit A in every future 
lawsuit. 

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Exactly. 
It opens the floodgates. 

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Every time there's a crash, 
every plaintiff's lawyer just 

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walks into court and says the 
state of California already 

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determined they lie about this 
technology. 

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Tesla simply cannot afford that 
label. 

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So even though they satisfied 
the DMV's immediate demand to 

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change the website to avoid a 
suspension, they have to scrub 

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that false advertiser Scarlet 
Letter off their record. 

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It is entirely about risk 
containment. 

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Which brings us to the why now 
of it all. 

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Because it is 2026, we are 
looking at a very different 

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Tesla than the one in 2018. 
Very different, and this is 

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where their broader business 
strategy comes into play. 

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Because EV sales actually 
declined last year. 

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Right. 
The market for standard electric

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vehicles has saturated. 
Competition is fierce. 

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Everyone makes a good EV now. 
So Tesla has signalled very 

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clearly that their future isn't 
just selling standard cars to 

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human drivers anymore. 
It is robotaxis. 

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They are currently testing 
automated vehicles in Austin, 

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TX. 
And they just announced the 

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start of production for the 
Cyber Cab. 

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Right. 
And for you listening who 

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haven't seen the design of the 
Cyber Cab, it is A2 seater 

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vehicle with absolutely no 
steering wheel and no pedals. 

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None. 
It is designed entirely around 

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the premise that the computer 
does 100% of the driving 100% of

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the. 
Time. 

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OK, so connect the dots for me 
here. 

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How does this lawsuit against 
the DMV relate to the launch of 

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the Cyber Cab? 
It comes down to trust. 

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If you are trying to convince 
regulators to let you put a car 

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on public roads without a 
steering wheel, and you were 

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trying to convince the public to
actually get inside that car, 

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you cannot have a regulatory 
record that says you've falsely 

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advertised self driving 
capabilities. 

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Because if you lied about full 
self driving back when there was

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a steering wheel, why should 
anyone trust you when you say it

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works now that you've literally 
taken the wheel away? 

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Exactly. 
The stakes are existential for 

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them now. 
In the past, if Autopilot 

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failed, the human driver could 
grab the wheel that was the fail

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safe. 
With a cyber cab there is no 

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fail safe. 
The system is the driver. 

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So the definition of full self 
driving stops being a marketing 

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term and becomes the literal 
legal definition of the product.

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They need a totally clean slate 
before the cyber cab hits the 

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streets and volume. 
They need a clean bill of health

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from regulators. 
They need the narrative to be. 

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We have always been clear, the 
technology has been steadily 

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progressing and now it is fully 
ready. 

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They cannot afford the narrative
to be we over promised for a 

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decade and now we want your 
blind faith. 

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Which makes sense. 
There was a clip from Nancy 

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Tangler. 
She's an investor in one of our 

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sources, and she was calling 
Tesla a generational 

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opportunity, yes, but that 
opportunity seems entirely 

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contingent on this pivot to 
robotax is actually working. 

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It is. 
The massive valuation of the 

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company isn't based on selling a
few more Model YS. 

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It is based on the idea that 
Tesla will solve autonomy and 

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dominate the robotaxi market 
globally. 

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Nancy Tangler is absolutely 
right that if they pull it off 

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its massive, but the IF is doing
a lot of heavy lifting. 

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And that if gets very shaky if 
the courts decide you've been 

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lying about your progress the 
whole time. 

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Correct, and other regulators 
are watching. 

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If California sticks to this 
false advertising ruling, other 

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states might just follow their 
lead. 

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It makes getting permits for the
cyber cab much harder 

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everywhere. 
There is one other legal 

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headache we should touch on 
because it ties directly into 

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this DMV situation, the class 
action lawsuit. 

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Right, the one currently winding
through the California courts. 

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Yeah. 
And this isn't the state suing, 

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this is actual customers. 
Customers who bought FSD years 

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ago, some of them paid 10 or 
$12,000 upfront. 

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Expecting their cars would be 
revenue generating ROBER taxes 

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by now. 
Because that was the pitch Musk 

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promised for years, that the car
you bought today would 

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appreciate in value because it 
would go earn money for you as a

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Rover taxi while you slept. 
Which has not happened. 

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Has not happened. 
So those customers formed a 

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class action and are saying I 
paid for a feature that doesn't 

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exist. 
I want my money back. 

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And if the DMV rulings stands. 
It is basically a signed 

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confession for the class action 
lawsuit. 

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The consumers can just point to 
it and say, look, the state 

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regulator already investigated 
and found that Tesla falsely 

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advertised this feature, 
therefore give us our refunds. 

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That could be billions of 
dollars in refunds. 

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Easily, the financial hit would 
be massive, but again, the 

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reputational hit of losing a 
massive false advertising class 

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action right as you launch the 
cyber cab might be even worse. 

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It really feels like they are 
fighting a war on 2 fronts here.

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They have the legacy business, 
the cars with steering wheels 

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where they need to justify the 
past marketing, and then they 

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have the future business, the 
cyber cab, where they need to 

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build absolute trust. 
And they are trying to use this 

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lawsuit against the DMV to 
bridge that exact gap. 

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They want to get a judge to 
agree that they were never 

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deceptive, that the technology 
was always meant to be 

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supervised, and that they were 
clear about that. 

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If they win, it weakens the 
class action and clears the 

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regulatory pass for the cyber 
cap. 

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So to sum this all up, Tesla has
technically satisfied the DMV by

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adding the word supervised to 
their labels, but they are suing

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anyway to scrub the false 
advertiser brand from their 

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record. 
They claim their warnings were 

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always perfectly clear, despite 
years of marketing that 

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suggested otherwise. 
The pivotal question isn't just 

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about a name change or updating 
a manual, It is about whether a 

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company can claim a system is 
full self driving while legally 

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arguing that no reasonable 
person to trust it to drive 

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itself as the cyber cab with no 
steering wheel rolls off the 

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line. 
In Texas, that definition is no 

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longer just semantics, it is 
literally the entire business.

