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High Court Rules In Favor of Top Gear Over Tesla Remarks

esocid writes "In 2008, BBC's 'Top Gear' aired an episode featuring the Tesla Roadster. One of the show's car reviewers, Jeremy Clarkson, gave a less-than-flattering analysis of the vehicle, sparking a legal case with the automaker that doesn't seem to be working out in Tesla's favor. Now, it looks as though Tesla is losing this battle after a full-day hearing yesterday at the high court in London. 'In my judgment, the words complained of are wholly incapable of conveying any meaning at all to the effect that the claimant [Tesla] misled anyone,' said [Mr. Justice] Tugendhat. 'This is because there is a contrast between the style of driving and the nature of the track as compared with the conditions on a public road [...] are so great that no reasonable person could understand that the performance on the [Top Gear] track is capable of a direct comparison with a public road.' The hearing now continues on Tesla's claim that 'Top Gear' made five other false accusations about the Roadster. Tugendhat has postponed judgment on Tesla's malicious falsehood claim, and is expected to deliver a verdict in the coming weeks."

13 of 328 comments (clear)

  1. Re:Tesla by ackthpt · · Score: 5, Interesting

    Don't seem to realise that Top Gear is a comedy show.

    Top Gear allows us nobody/poor sods the vicarious thrill of watching a sports car race a fighter jet. I for one praise them for it.

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    A feeling of having made the same mistake before: Deja Foobar
  2. A bit thin-skinned... by TWX · · Score: 4, Interesting

    I don't know if Tesla submitted the vehicle to Top Gear themselves or if Top Gear sought one from an intermediary, but anyone building an automobile must expect that television shows that review automobiles will probably review theirs, in their own way, and will probably state exactly how they feel about it. Top Gear in particular won't hold anything back if they don't like a vehicle, and are known for being biased, usually in a humorous, way, but still biased.

    If Tesla wants positive reviews, they need to build a car that gets those reviews from testers. For the most part Top Gear uses the types of tracks that are available to companies that build cars, so if they want to excel at a specific type of track they have the option to engineer with that in mind.

    If not, there's always Motor Week...

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    Do not look into laser with remaining eye.
    1. Re:A bit thin-skinned... by h4rr4r · · Score: 5, Insightful

      It was nothing about the track or the cars actual performance. Clarkson hates electric cars and is the sort of dimwit that thinks hydrogen power is going somewhere. He will use any reason real or imaginary to knock any electric car. They should have known that going in.

    2. Re:A bit thin-skinned... by SenseiLeNoir · · Score: 4, Informative

      Wrong, clarkson does not hate electric, he actually likes the idea of them. He has pointed out this in many places, just google it.

      His problem is:
      The batteries are currently bulky yet have poor range.(he has concerns on the safety of Li.ion in huge sizes in a car)
      And...
      It takes too long to charge

      So short range with ages to charge means its not practical for many uses, except in town for short journeys.

      This is also why he likes hydrogen fuel cell, because it's still electric, but the "capacity" is greater, and filling up is quicker, making it more practical.

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      Have a nice day!
  3. Follow Koenigsegg by eepok · · Score: 5, Insightful

    Koenigsegg put a super car on Top Gear. It was not good enough. There was not enough down force in the rear, the car lost control, and it crashed. Top Gear said, "This thing REALLY needs a spoiler."

    Koenigsegg sued Top Gear. Just kidding, they put a spoiler on it and sent it back to Top Gear. They took it around the track again and it got an amazing time. No crashes.

    No, I'm not saying that Top Gear can instantly diagnose car problems and their words should be heeded at all times. What I'm saying is that Koenigsegg made off with massive good PR by taking criticism from some of the most watched television personalities in the world, improved their car, and, showing no hard feelings, gave the car back to them. They didn't call mommy and daddy claiming their driver crashed their car. They didn't claim slander. They knew that they had the opportunity to show how dedicated they were to making an amazing car and took it.

    Tesla, well... We breed them litigious here.

    1. Re:Follow Koenigsegg by subreality · · Score: 4, Interesting

      The Koenigsegg had a design flaw, so they fixed it and resubmitted it.

      The Tesla performed without problems, but they made it look like the battery died unexpectedly. What's Tesla supposed to do? Put a bigger battery in and resubmit it so the show can complain that the extra weight makes it harder to push back to the garage?

  4. Re:Citation by NeutronCowboy · · Score: 5, Informative

    They did. That's why they're claiming outright fraud with respect to the "the car is dead" segment - according to the car's logs, the car never ran out of power.

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    Those who can, do. Those who can't, sue.
  5. Re:Your tax dollars at work by BasilBrush · · Score: 5, Insightful

    I've worked in many jobs over the years, mostly private sector, some public sector. In my experience the private sector is far less efficient than the public sector. Your misconception is common and comes from confusing efficiency with making a profit.

    The private sector's objective is to make a profit, and they'll tend to limit themselves to those activities that can make a profit. The public sector deals with those things that still need doing regardless of whether there's money to me made.

  6. Re:What Tesla doesn't get is Marketing by jo_ham · · Score: 5, Informative

    He also said some downright false things, for example that it had run totally flat and had to be pushed back into the garage by the crew to be recharged before they had finished filming when in reality the car had 20% charge at minimum, as logged by the onboard computer - in other words, they didn't manage to run it flat during the shoot, but the script (which Tesla saw) called for the ending of the piece to show the car "limping" off the track under human propulsion.

    I saw the piece when it originally aired (I'm a Top Gear fan), but they really went for the throat at the end. The review was reasonably fair up to that point - they had a lot of positives to say about the car, along with some downsides. There was no need for them to lie at the end.

    They did something similar in the latest electric car piece (with the Leaf and some other car [possibly a Peugeot]) where they "comically" ran out of juice in the middle of a town with nowhere to recharge after "setting off for a day's driving" - it was revealed that they set off with low charge in the cars to begin with.

    Their position on electric cars seems to be "say some nice things, but then make sure we ram home the point that they have batteries that need to be charged, herp derp!".

    Like I say, I'm a fan of the series and have been since before the current Clarkson/May/Hammond setup, but the stuff about anything that runs on alternative fuels is just getting tiresome.

  7. Re:Tesla Roadster, car by weasels by sjbe · · Score: 4, Insightful

    They know they produce an inferior car to most well below their price points in terms of performance...

    Any car that costs more than about $50,000 is well into diminishing returns on the price. Nobody buys a $100,000 car because it is a rational economic decision. You are well into conspicuous consumption territory which has nearly nothing to do with any reasonable evaluation of performance per dollar.

    As far as I have seen, their strongest ad campaign has been through drag races against the Dodge Viper and the Porsche GT and those are very apples-to-oranges races. The Porsche and Viper are 180mph+ cars and are geared to do so; the Roadster is geared to do about 125mph.

    I have a truck that is geared to do about 125mph but I'm pretty sure it won't beat a Viper in any race. Fact is that electric motors should be very good at drag races and the Tesla bears this out. And frankly who the hell cares if a car can go 180mph? You will never, ever drive it that fast. In fact I'd wager to say that close to no one who reads this has been much over 140mph unless they actually race cars or live in Germany. I guess it makes for good marketing but it's a retarded statistic. Like buying a first generation Hummer when you live in the suburbs - it makes no sense whatsoever.

  8. Re:Negative reviews are not slander. by artor3 · · Score: 4, Insightful

    Reviews that lie about a product can be slander. Let's say you own a restaurant. I don't like you, so I buy a few cockroaches, smuggle them in, plant them in the meal I order, and then film myself "finding" them in my food, and post the results for millions of people to see.

    That's not a negative review anymore. That's slander and fraud, and you have every right to sue me to make up for all the business you lose. You can't "swallow your pride and make improvements" on a problem that doesn't actually exist.

    That's what Top Gear did. They faked serious problems to discourage people from buying the car. I like the show, but what they did was inexcusable.

  9. Re:Tesla by slimjim8094 · · Score: 5, Insightful

    Top Gear USA can't piss off their (car company) sponsors *too* much. Top Gear UK is funded by the BBC, so they don't give a rat's ass about making fun of or otherwise demeaning the car companies. It's what gives them their power.

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    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  10. Re:Tesla by quacking+duck · · Score: 5, Insightful

    Score one for publicly funded broadcasters (also known as "damn left-wing, socialist, state-controlled media" to the Murdoch media empire and those who share their views).