As Elon Musk moves to dismiss a lawsuit from Tesla shareholders claiming he failed his fiduciary duties, OpenAI is now suing Musk and exposing lies, which could help Tesla shareholders.
It looks like cracks are forming in Elon Musk’s armor of lies.
Musk had previously stated that Tesla would be a major player in AI and that AI products would be critical to Tesla’s future, but in early 2024, the CEO threatened not to build AI products at Tesla if he didn’t get more control over the company by getting more shares.
In short, Tesla shareholders argue that Musk is in breach of his fiduciary duties to shareholders by creating a private company that competes directly with Tesla. The lawsuit also cites similar issues with Musk’s acquisition of Twitter.
This week, Musk and Tesla board members, who are also defendants in the lawsuit for not stopping Musk, have filed to try to dismiss the lawsuit (via Bloomberg):
The shareholder suit by a group of pension funds and other investors “is long on hyperbole but woefully short on well-pled facts,” the board members said in a court filing Monday. “Yet they cannot escape the undeniable reality: Tesla has thrived under this board and CEO, delivering astronomical returns to stockholders while advancing its mission to create sustainable abundance for all.”
It will likely take a while before the lawsuit moves through the court, but in the meantime, Tesla shareholders have found a strong ally: OpenAI.
Musk has long been tormenting OpenAI with lawsuits. Tesla’s CEO co-founded OpenAI as a non-profit in 2015 to develop an artificial general intelligence that positively contributes to humanity.
In early 2018, Musk resigned from OpenAI, citing “conflicts of interest with Tesla.”
At that time, Tesla’s CEO started pushing the automaker increasingly toward self-driving, which he often described as “real-world AI,” and the automaker began to compete for AI talent with OpenAI.
While he was seemingly on good terms with OpenAI after his departure, a few years later, he started publicly criticizing the organization for moving to a limited for-profit model, which they argued was necessary due to the billions of dollars required to build the compute training hardware to have an impact in the AI sector.
Musk even sued the company over the move and repeatedly publicly mocked them.
It hasn’t been clear how serious the legal actions have been since Musk even claimed that he would drop the lawsuit if OpenAI changed its name:
All the documents released by OpenAI as part of the countersuit paint a much clearer picture of Musk’s involvement with AI and how it evolved over the years.
I’ll start with a clear timeline to make it easier to understand.
2010s: Musk has long been fascinated with AI and emerged as one of the most prominent tech voices warning about its dangers.
2015: Musk co-founds OpenAI as a non-profit to try to create a safe AGI.
2017: Musk privately communicates to many people in OpenAI and the AI community that the company needs to switch to a for-profit model and raise billions to be successful due to the cost of AI hardware.
2018: Musk attempted to get control of OpenAI and merge it with Tesla, but this was rejected by OpenAI’s board, which ultimately took investments from Microsoft to start its for-profit arm, as it gave the organization more independence.
2018: Musk leaves OpenAI, citing a conflict of interest with Tesla.
2018-2022: Musk positions Tesla as “the world’s leader in AI”, hires a ton of AI talent, and claims Tesla will “play an important role in AGI”.
2022: Musk sells tens of billions of dollars worth of Tesla stocks, partly to buy an overpriced Twitter.
2023: Shortly after the viral launch of OpenAI’s ChatGPT, Musk creates a new private company, xAI, to develop AI products and compete with OpenAI.
2024: A judge rescinds Musk’s $55 billion Tesla CEO compensation package, which would have increased his stake in Tesla back to where it was before he bought Twitter.
2024: Musk threatens Tesla shareholders that he will not build AI products at Tesla unless he gets more control (aka more shares).
2024: Musk hires Tesla employees for xAI and redirects shipments of AI training compute from Tesla to xAI.
2024: Musk sues OpenAI to try to block its transition into a capped for-profit business.
OpenAI has all the receipts to prove this. I recommend reading all the emails because they give great insights into Musk’s persona and how he presents himself publicly versus what he says privately.
Here are some of the highlights to prove the timeline above:
Early on in the founding of OpenAI in 2015, it was proposed to be a non-profit linked to Y Combinator, Sam Altman’s company at the time, and Musk was already suggesting to make it a regular C corp:
OpenAI shared many internal emails and text messages between the teams, Musk, and Musk’s executive assistant/future baby mama, Shivon Zilis, discussing the need for much more capital, which will require a move to for-profit.
In 2017, as OpenAI was first configuring a potential for-profit arm, Musk tried to take control by asking for preferred shares and a supermajority:
Musk even filed for a new benefit corporation, a for-profit legal structure that aims to generate profits while positively impacting society and/or the environment.
Musk’s full-time money manager, Jared Birchall, is listed as the sole director of the new corporation.
OpenAI rejected Musk’s proposal as it would have given him complete control, but they insisted they still wanted to work with him.
In early 2018, Musk switched up his proposal to try to get OpenAI attached to Tesla:
This proposal also failed, as OpenAI felt this was also an attempt from Musk to gain complete control.
Musk then left OpenAI and focused his AI efforts on Tesla until he significantly reduced his stake in the company to buy Twitter on a whim.
Then, he founded xAI to become his main AI effort as a private company under his control while telling Tesla shareholders that the company was an “AI and robotics play.”
xAI recently absorbed X (Twitter), resulting in a $125 billion company based on Musk’s made-up valuation.
Electrek’s Take
This is extremely revealing. It clearly shows that Musk’s main goal is to have complete control over AI.
He tried to get control of OpenAI, but couldn’t make it work. He then tried to make it work with Tesla, but he screwed up by giving up some control (I’d argue he still has a firm hold on the public company) through the acquisition of Twitter.
He panicked after OpenAI launched ChatGPT and started xAI as a private company entirely under his control, devaluing Tesla in the process – hence the current shareholders’ lawsuit.
For years, Musk attacked OpenAI and lied to the public about disagreeing with the for-profit transition, when he was actually pushing for it since the very beginning. The only difference is that OpenAI was now a competitor to Tesla, and then xAI.
I want to be clear here. OpenAI is not completely clean, either. It obviously owes Musk something for the company’s original funding, but the emails also reveal that the organization tried to give him shares and pay him back, but Musk refused.
His refusal is likely linked to his believing that he could do more damage by suing OpenAI.
It looks like Musk believes that he is some sort of super genius who deserves to be the one in control of a potential future AGI, and he was willing to lie and cheat his way into making it happen.
Even if his intentions are good, that’s a scary thought.
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On today’s fleet-focused episode of Quick Charge, we talk about a hot topic in today’s trucking industry called, “the messy middle,” explore some of the ways legacy truck brands are working to reduce fuel consumption and increase freight efficiency. PLUS: we’ve got ReVolt Motors’ CEO and founder Gus Gardner on-hand to tell us why he thinks his solution is better.
You know, for some people.
We’ve also got a look at the Kenworth Supertruck 2 concept truck, revisit the Revoy hybrid tandem trailer, and even plug a great article by CCJ’s Jeff Seger, who is asking some great questions over there. All this and more – enjoy!
New episodes of Quick Charge are recorded, usually, Monday through Thursday (and sometimes Sunday). We’ll be posting bonus audio content from time to time as well, so be sure to follow and subscribe so you don’t miss a minute of Electrek’s high-voltage daily news.
Got news? Let us know! Drop us a line at tips@electrek.co. You can also rate us on Apple Podcasts and Spotify, or recommend us in Overcast to help more people discover the show.
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Thanks to Trump’s repeated executive order attacks on US clean energy policy, nearly $8 billion in investments and 16 new large-scale factories and other projects were cancelled, closed, or downsized in Q1 2025.
The $7.9 billion in investments withdrawn since January are more than three times the total investments cancelled over the previous 30 months, according to nonpartisan policy group E2’s latest Clean Economy Works monthly update.
However, companies continue to invest in the US renewable sector. Businesses in March announced 10 projects worth more than $1.6 billion for new solar, EV, and grid and transmission equipment factories across six states. That includes Tesla’s plan to invest $200 million in a battery factory near Houston that’s expected to create at least 1,500 new jobs. Combined, the projects are expected to create at least 5,000 new permanent jobs if completed.
Michael Timberlake of E2 said, “Clean energy companies still want to invest in America, but uncertainty over Trump administration policies and the future of critical clean energy tax credits are taking a clear toll. If this self-inflicted and unnecessary market uncertainty continues, we’ll almost certainly see more projects paused, more construction halted, and more job opportunities disappear.”
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March’s 10 new projects bring the overall number of major clean energy projects tracked by E2 to 390 across 42 states and Puerto Rico. Companies have said they plan to invest more than $133 billion in these projects and hire 122,000 permanent workers.
Since Congress passed federal clean energy tax credits in August 2022, 34 clean energy projects have been cancelled, downsized, or shut down altogether, wiping out more than 15,000 jobs and scrapping $10 billion in planned investment, according to E2 and Atlas Public Policy.
However, in just the first three months of 2025, after Trump started rolling back clean energy policies, 13 projects were scrapped or scaled back, totaling more than $5 billion. That includes Bosch pulling the plug on its $200 million hydrogen fuel cell plant in South Carolina and Freyr Battery canceling its $2.5 billion battery factory in Georgia.
Republican-led districts have reaped the biggest rewards from Biden’s clean energy tax credits, but they’re also taking the biggest hits under Trump. So far, more than $6 billion in projects and over 10,000 jobs have been wiped out in GOP districts alone.
And the stakes are high. Through March, Republican districts have claimed 62% of all clean energy project announcements, 71% of the jobs, and a staggering 83% of the total investment.
A full map and list of announcements can be seen on E2’s website here. E2 says it will incorporate cancellation data in the coming weeks.
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Tesla has reportedly delayed the launch of its new “affordable EV,” which is believed to be a stripped-down Model Y, in the United States.
Last year, Tesla CEO Elon Musk made a pivotal decision that altered the automaker’s direction for the next few years.
The CEO canceled Tesla’s plan to build a cheaper new “$25,000 vehicle” on its next-generation “unboxed” vehicle platform to focus solely on the Robotaxi, utilizing the latest technology, and instead, Tesla plans to build more affordable EVs, though more expensive than previously announced, on its existing Model Y platform.
Musk has believed that Tesla is on the verge of solving self-driving technology for the last few years, and because of that, he believes that a $25,000 EV wouldn’t make sense, as self-driving ride-hailing fleets would take over the lower end of the car market.
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However, he has been consistently wrong about Tesla solving self-driving, which he first said would happen in 2019.
In the meantime, Tesla’s sales have been decreasing and the automaker had to throttle down production at all its manufacturing facilities.
That’s why, instead of building new, more affordable EVs on new production lines, Musk decided to greenlight new vehicles built on the same production lines as Model 3 and Model Y – increasing the utilization rate of its existing manufacturing lines.
Those vehicles have been described as “stripped-down Model Ys” with fewer features and cheaper materials, which Tesla said would launch in “the first half of 2025.”
Reuters is now reporting that Tesla is seeing a delay of “at least months” in launching the first new “lower-cost Model Y” in the US:
Tesla has promised affordable vehicles beginning in the first half of the year, offering a potential boost to flagging sales. Global production of the lower-cost Model Y, internally codenamed E41, is expected to begin in the United States, the sources said, but it would be at least months later than Tesla’s public plan, they added, offering a range of revised targets from the third quarter to early next year.
Along with the delay, the report also claims that Tesla aims to produce 250,000 units of the new model in the US by 2026. This would match Tesla’s currently reduced production capacity at Gigafactory Texas and Fremont factory.
The report follows other recent reports coming from China that also claimed Tesla’s new “affordable EVs” are “stripped-down Model Ys.”
The Chinese report references the new version of the Model 3 that Tesla launched in Mexico last year. It’s a regular Model 3, but Tesla removed some features, like the second-row screen, ambient lighting strip, and it uses fabric interior material rather than Tesla’s usual vegan leather.
The new Reuters report also said that Tesla planned to follow the stripped-down Model Y with a similar Model 3.
In China, the new vehicle was expected to come in the second half of 2025, and Tesla was waiting to see the impact of the updated Model Y, which launched earlier this year.
Electrek’s Take
These reports lend weight to what we have been saying for a year now: Tesla’s “more affordable EVs” will essentially be stripped-down versions of the Model Y and Model 3.
While they will enable Tesla to utilize its currently underutilized factories more efficiently, they will also cannibalize its existing Model 3 and Y lineup and significantly reduce its already dwindling gross margins.
I think Musk will sell the move as being good in the long term because it will allow Tesla to deploy more vehicles, which will later generate more revenue through the purchase of the “Full Self-Driving” (FSD) package.
However, that has been his argument for years, and it has yet to pan out as FSD still requires driver supervision and likely will for years to come, resulting in an extremely low take-rate for the $8,000 package.
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