ddeflyer
Member
Geeze, talking about threading the needle on that disclaimer! I suspect that his statement there will end up being contested in court as ineffectual but who knows how that would turn out (such statements are generally given at the start of the talk or before a speaker giving the forward looking statement so it is clear the whole talk is covered; this makes it horribly vague on what part of the talk is forward looking or not).
That all said, concrete statements about present facts are inherently not forward looking. "Our earnings were xxx last quarter" is not covered by the disclaimer while "We forecast next quarter earnings to be xxx" is. I'd argue that (paraphrasing) "All cars now ship with all required hardware for full self driving" is likewise a concrete statement though I'd say the robotaxi stuff (especially with earnings potential, etc) is forward looking.
More interestingly though, he does give a pretty clear definition on what the FSD package is supposed to become (more so that I remembered) and it is clearly at least L3. I think it is obvious that that alone wouldn't win a case about requiring a HW3->HW4 upgrade, but it sure would be powerful secondary evidence given the lack of present definition in primary sources.
That all said, concrete statements about present facts are inherently not forward looking. "Our earnings were xxx last quarter" is not covered by the disclaimer while "We forecast next quarter earnings to be xxx" is. I'd argue that (paraphrasing) "All cars now ship with all required hardware for full self driving" is likewise a concrete statement though I'd say the robotaxi stuff (especially with earnings potential, etc) is forward looking.
More interestingly though, he does give a pretty clear definition on what the FSD package is supposed to become (more so that I remembered) and it is clearly at least L3. I think it is obvious that that alone wouldn't win a case about requiring a HW3->HW4 upgrade, but it sure would be powerful secondary evidence given the lack of present definition in primary sources.