Comment Cry baby, hell! Top Gear faked the failure (Score 2, Informative) 700
Tesla got a copy of the script for Top Gear - written before they drove the car - and it had pre-planned a battery disaster. That was the major beef - it was a fix, a fraud. (Top Gear is not a auto review show - it is entertaiment) I think that on trial the matter of the fake-drained script simply wasn't considered. The judge simply ruled that the TV show was a known bender of facts and that the show, even doctored as it was, didn't hurt Tesla - no libel, no financial harm. He simply ruled that the audience knew it was fake, more or less.
And here's Jalopnik: http://goo.gl/AdRdN
Of course, Top Gear admitted the car they pushed wasn't out of batteries but that it was done for effect and that it is completely true that the car would have run out at 55 miles of track time. Producer Andy Wilman defended their actions by basically saying "Duh, it's a television show" and accusing Tesla of trying to use them for press.
From Treehugger: http://goo.gl/ILrHB
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As Mike posted in November, however, it was looking unlikely that Tesla could actually prove that any substantial harm had been done, and indeed that's how it ended up, with the judge throwing out the lawsuit arguing that TV viewers are savvy enough to know that not all is as it seems. Jalopnik has a pretty decent summary of the rejection of the Tesla lawsuit (complete with gloating Top Gear fans in the comments):
The judge today dismissed this as unreasonable as motorists are aware that cars will perform different under different conditions, such as being on a racing track.
Justice Tugendhat also made mention that what Tesla appears to want is a legal ruling saying Top Gear is a bunch of lying liars who lie, but that "rectification of inaccuracies is not a function of the courts unless that can be achieved in the course of proceedings properly brought to enforce a recognized course of action."
Of course what is legal, and what is moral, are not always the same thing. And the Top Gear script writers and presenters had made up their minds to highlight the shortcomings of the vehicle, even before they got their hands on the thing.
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