Owner claimed by Tesla: "want to prove that he didn't humiliate Henan people"

10月28日，特斯拉以名誉侵权起诉韩超，并在天津市北辰区人民法院举行了听证会。同一天，韩超告诉prism的作者，他仍在等待结果，法院没有在法庭上宣判。

On October 28, Tesla sued Han Chao for reputation infringement and held a hearing in Beichen District People's Court of Tianjin. On the same day, Han Chao told the author of prism that he was still waiting for the results, and the court did not pronounce a sentence in court.

2019年5月，韩超通过官方渠道购买了一辆二手s型车，并被认定为"事故车"。国庆前夕，经过两年多的诉讼，韩超起诉特斯拉虚假销售。二审宣判，韩超胜诉。但与此同时，他被特斯拉以侵犯名誉罪起诉，索赔505万元。

In May 2019, Han Chao purchased a second-hand model s through official channels and was identified as an "accident car". On the eve of the national day, after more than two years of long litigation, Han Chao sued Tesla for false sales. The judgment was pronounced in the second instance, and Han Chao won the lawsuit. But at the same time, he was sued by Tesla for reputation infringement and claimed 5.05 million yuan.

特斯拉还以名誉侵权为由起诉张女士，她曾在上海车展上上演过"屋顶权利保护"。她于8月14日收到起诉书，要求赔偿500万元。

Also sued by Tesla for reputation infringement is Ms. Zhang, who previously staged "roof rights protection" at the Shanghai auto show. She received the indictment on August 14 and was claimed 5 million yuan.

《棱镜》的作者从韩和张那里了解到，上海的一位车主也被要求赔偿500万元。然而，车主拒绝对此发表评论。

The author of prism learned from Han and Zhang that a car owner in Shanghai was also claimed 5 million yuan. However, the car owner refused to comment on this.

在中国车主权益保护案件中，这种从辩护人到被告的转变很少发生。即使在美国，特斯拉也鲜有因名誉侵权而起诉版权所有者的案例。

Such a change from defenders to defendants claiming for exorbitant prices rarely occurs in Chinese car owners' rights protection cases. Even in the United States, there are few cases of Tesla suing rights owners for reputation infringement.

一位长期关注此事的律师告诉笔者："特斯拉的司法资源与车主严重不平等。特斯拉可以聘请专业和资深律师，但车主可能不愿意花钱。"

A lawyer who has long been concerned about the incident told the author: "Tesla's judicial resources are seriously unequal with the car owners. Tesla can hire professional and senior lawyers, but the car owners may be reluctant to spend the money."

特斯拉全球副总裁陶琳（Tao Lin）曾在微博上回复网友说，特斯拉不想把时间和精力花在营销和公共关系上。马斯克本人多次声称特斯拉受到媒体的不公平对待。这让外界相信，用法律手段对付维权者符合特斯拉的企业文化，因为他们不想把精力花在营销和公共关系上。

Tao Lin, global vice president of Tesla, once replied to netizens on her microblog that Tesla did not want to spend time and energy on marketing and public relations. Musk himself has repeatedly claimed that Tesla has been unfairly treated by the media. This makes the outside world believe that using legal means to deal with defenders is in line with Tesla's corporate culture, because they don't want to spend energy on marketing and public relations.

"我现在面临着很大的公众压力。每个人都说河南人是骗子，我是一个女性汽车问题。我最大的自私是证明自己。我不会羞辱河南人。我不是骗子或汽车问题。"河南的张女士告诉提交人，她并没有被天价索赔吓倒，她准备在不聘请律师的情况下独自抗争。

"I'm facing a lot of public pressure now. Everyone says that Henan people are liars and I'm a female car trouble. My biggest selfishness is to prove myself. I don't humiliate Henan people. I'm not a liar or a car trouble." Ms. Zhang of Henan told the author that she was not deterred by the sky high price claim and was prepared to fight on her own without hiring a lawyer.

作者向特斯拉的公关人员询问了一系列索赔。截至发稿时，尚未收到回复。

The author asked Tesla's public relations personnel about a series of claims. As of press time, no response has been received.

有争议的判决

A disputed judgment

"拉链兄弟"陈俊义是特斯拉起诉的第一位车主。

"Zipper brother" Chen Junyi was the first owner sued by Tesla.

去年8月12日晚，在温州的一个社区，陈俊毅驾驶一辆高速3型车撞上停车场入口处的一家酒吧，与其他车辆严重相撞。陈俊毅在事故中受伤。手术后，他在腹部留下了一道长长的伤疤，就像一个"拉链"，版权所有者戏称他为"拉链兄弟"。

On the evening of August 12 last year, in a community in Wenzhou, Chen Junyi drove a high-speed model 3 into a bar at the entrance of the parking lot and seriously collided with other vehicles. Chen Junyi was injured in the accident. After the operation, he left a long scar on his belly, just like a "zipper", and the rights owners jokingly called him "brother zipper".

目前，特斯拉对陈俊毅名誉侵权的诉讼已经一审宣判，陈俊毅败诉。

At present, Tesla's lawsuit against Chen Junyi's reputation infringement has been pronounced in the first instance, and Chen Junyi lost the lawsuit.

根据一审判决，事故发生后，当地交警委托温州汽车工程学会对车辆进行检测。结论是，碰撞前，油门踏板完全踩下，而制动踏板未踩下，即"制动器变成了油门"。但陈俊毅仍声称是"刹车失灵"，特斯拉向陈俊毅索赔50万元。然而，法院最终将赔偿金额减至5万元。

According to the judgment of the first instance, after the accident, the local traffic police entrusted Wenzhou society of automotive engineering to test the vehicle. The conclusion is that before the collision, the accelerator pedal was fully depressed and the brake pedal was not depressed, that is, "the brake became the accelerator". However, Chen Junyi still claimed that it was "brake failure", so Tesla claimed 500000 yuan from Chen Junyi. However, the court finally reduced the amount of compensation to 50000 yuan.

10月11日下午，判决书在互联网上流传。陈俊毅的身份证号码和家庭住址被公布。他的网站也遭到了很多攻击。当时陈俊毅没有收到判决，这让他非常不满。

In the afternoon of October 11th, the judgment circulated on the Internet. Chen Junyi's ID number and home address were published. There were also a lot of attacks on his website. At that time, Chen Junyi had not received the judgment, which made him very dissatisfied.

两天后，他告诉提交人，这只是一项尚未生效的初审判决，他将坚决上诉。当晚，他发布了一个名为"我相信正义终将到来"的微博。

Two days later, he told the author that it was only a judgment of first instance that had not yet taken effect, and he would resolutely appeal. That night, he posted a microblog called "I believe justice will come eventually".

目前还不知道正义最终是否会到来，但争议很快就会到来。

It is not known whether justice will eventually come, but the controversy will come soon.

判决显示，陈俊毅在笔录中表示，他对评估意见没有异议，并承认当时踩油门刹车。这也是法院作出不利于他的裁决的重要依据。

The judgment shows that in a transcript, Chen Junyi said he had no objection to the appraisal opinion and admitted that he stepped on the accelerator as the brake at that time. This is also an important basis for the court to rule against him.

然而，在微博回复中，陈俊毅表示，事故发生后，他做了四次笔记，法官只做了第四次。当时认定鉴定结果的原因是事故中其他车辆的车主一直在向他要求赔偿。为了尽快处理保险索赔，他们承认了这一点。在上一份记录中，他一直否认自己没有踩刹车。

However, in the microblog response, Chen Junyi said that after the accident, he took notes four times, and the judge adopted it only the fourth time. The reason why the appraisal results were recognized at that time was that the owners of other vehicles in the accident had been asking him for compensation. In order to handle insurance claims as soon as possible, they recognized it. In the previous transcript, he has always denied that he did not step on the brake.

同时，陈俊毅认为，鉴定的EDR数据和对比的背景数据均由特斯拉提供，真实性存在疑问。

Meanwhile, Chen Junyi believes that the EDR data identified and the background data compared are provided by Tesla, and the authenticity is in doubt.

根据这些数据，他得出结论：油门踏板从100%释放到0，然后再释放到100%，变化间隔仅为0.2秒。这种极端的操作是他自己无法完成的。

Based on those data, he came to a conclusion: the accelerator pedal was released from 100% to 0 and then to 100%, and the change interval was only 0.2 seconds. This kind of extreme operation could not be completed by himself.

几个月前，当互联网上还充斥着反特斯拉的情绪时，陈君毅的回应也得到了很多支持。但判决出来后，网民们不再买了。他们来到这个微博是为了嘲弄：即使你说的是真的，你也被怀疑在保险上作弊。

A few months ago, when the Internet was still full of anti Tesla emotions, Chen Junyi's response also received a lot of support. But after the judgment came out, netizens no longer bought it. They came to this microblog to make a mockery: even if it's true as you said, you were suspected of cheating on insurance.

网民们甚至将矛头指向韩超和张女士，认为他们像陈君毅一样是"骗子"，并声称长期炒作的"刹车失灵"事件已经逆转。

Netizens even pointed the spearhead at Han Chao and Ms. Zhang, thought they were "liars" like Chen Junyi, and claimed that the long hyped "brake failure" incident had reversed.

在权利所有者中，韩超的经历相当曲折。他曾经赢过特斯拉，但后来被特斯拉起诉。

Among the rights owners, Han Chao's experience was quite tortuous. He won Tesla once, but then he was sued by Tesla.

"如果你说汽车价格不好，你得付500万？"

"If you say the car prices are bad, you have to pay 5 million?"

2019年5月，韩超通过特斯拉官方渠道以37.97万元的价格购买了一辆s型二手车。当时，销售人员向他承诺没有重大事故，也没有结构损坏。然而，韩超在开车时遇到了很多问题。经过第三方测试，他发现这是一辆事故车。

In May 2019, Han Chao purchased a model s used car through Tesla's official channels at a price of 379700 yuan. At that time, the salesperson promised him that there was no major accident and no structural damage. However, Han Chao had many problems during driving. After testing by a third party, he found that it was an accident car.

同年12月，韩超以涉嫌欺诈销售为由将特斯拉告上法庭，并要求赔偿购买价格的三倍。

In December of that year, Han Chao took Tesla to court on the grounds of suspected fraudulent sales and demanded compensation for three times the purchase price.

双方立即陷入了一场"旷日持久"的诉讼。首先，特斯拉对管辖权提出异议，韩超从天津河西法院撤回诉讼，然后前往北京大兴法院起诉。经过四次庭审，2020年12月4日，大兴法院裁定韩超胜诉，特斯拉拒绝上诉。

Immediately, the two sides fell into a "protracted" lawsuit. First, Tesla raised an objection to the jurisdiction, Han Chao withdrew the lawsuit from Tianjin Hexi court, and then went to Beijing Daxing court to sue. After four court sessions, on December 4, 2020, Daxing court ruled that Han Chao won the case, Tesla refused and appealed.

直到755天后的9月16日，北京市第二中级人民法院作出终审判决，韩超胜诉，随后收到特斯拉三倍的赔偿。

Until September 16, 755 days later, the Beijing Second Intermediate People's court made a final judgment, Han Chao won the lawsuit, and later received three times the compensation from Tesla.

六个月后，回顾过去，张女士坦率地对提交人说，当她在拘留中心时，当她从丈夫那里得知特斯拉将要向他们道歉时，她曾经感到事情终于结束了。

Six months later, looking back on the past, Ms. Zhang said frankly to the author that when she was in the detention center, when she learned from her husband that Tesla was going to apologize to them, she once felt that the matter had finally come to a conclusion.

"当时，我丈夫在电话里读了特斯拉给我的声明，并说他会向我们道歉。那一刻，他充满了痛苦，觉得最终会有结果，即使他付出了巨大的代价。"张女士说，"如果当时他们真的道歉，事情就结束了。他卖掉了他的汽车，我过着我的生活。"

"At that time, my husband read Tesla's statement to me on the phone and said he would apologize to us. At that moment, he was full of bitterness and felt that there was finally a result, even if he paid a great price." Ms. Zhang said, "if they really apologized at that time, the matter would be over. He sold his car and I lived my life."

然而，当她从拘留中心出来时，一名特斯拉员工在电话中向她的丈夫道歉，但也说他不是特斯拉的代表，而只是他自己，这让张女士和他的妻子很难接受。他们认为这只是特斯拉在压力下的行为。

However, when she came out of the detention center, a Tesla employee apologized to her husband on the phone, but also said that he did not represent Tesla, but only on his own, which was difficult for Ms. Zhang and his wife to accept. They thought it was just Tesla acting under pressure.

其次是双方之间的一些诉讼纠纷。例如，张女士起诉特斯拉全球副总裁陶琳侵犯其声誉，特斯拉侵犯其车辆数据的所有权和知情权，特斯拉因车辆质量问题起诉特斯拉，特斯拉因侵犯张女士的声誉起诉特斯拉。

Followed by a number of litigation disputes between the two sides. For example, Ms. Zhang sued Tao Lin, global vice president of Tesla, for infringing her reputation, Tesla for infringing the ownership and right to know of her vehicle data, Tesla for vehicle quality problems, and Tesla for infringing Ms. Zhang's reputation.

"作为事故的所有人，要求特斯拉提供完整的背景数据以查明事故真相是合理和合法的。然而，特斯拉不仅不积极配合所有人，而且起诉所有人名誉侵权并要求巨额赔偿。这是荒谬的，"张女士说。

"As the owner of the accident, it is reasonable and legal to ask Tesla to provide complete background data to find the truth of the accident. However, Tesla not only does not actively cooperate with the owner, but sues the owner for reputation infringement and asks for huge compensation. This is ridiculous," Ms. Zhang said.

她认为自己不会输掉这场官司，因为她所说的是客观经验。作为消费者，她有权评论和批评所购买的商品和服务。

She doesn't think she will lose the lawsuit, because what she says is objective experience. As a consumer, she has the right to comment and criticize the purchased goods and services.

当陈君毅的判决在互联网上流传时，张女士也受到了网民的攻击。但她觉得自己的案子和陈俊毅的案子不一样。陈君毅在笔记中认出了"意外踩刹车"的身份，她始终坚持事故中没有驾驶员操作失误。

When Chen Junyi's judgment circulated on the Internet, Ms. Zhang was also attacked by netizens. However, she felt that her case was different from Chen Junyi's case. Chen Junyi recognized the identification of "accidentally stepping on the brake" in her notes, and she always insisted that there was no driver's operation error in the accident.

"退一步说，即使我不能提供完整的证据证明你有刹车故障，你也不能提供证据证明你的车没有刹车故障，"张女士说。

"To take a step back, even if I can't provide complete evidence to prove that you have brake failure, you can't provide evidence to prove that your car doesn't have brake failure," Ms. Zhang said.

对许多人来说，这500万英镑的索赔可能使他们"破产"，但张女士的家庭很富有，并不害怕。相反，她告诉提交人，500万美元的索赔"不是很有害，也没有侮辱性"。

For many people, the 5 million claim may make them "bankrupt", but Ms. Zhang's family is rich and has not been frightened. On the contrary, she told the author that the $5 million claim was "not very harmful and insulting".

"我的心和精神，我的丈夫和父母，我们所遭受的伤害无法用金钱来衡量，"张女士说。

"My heart and spirit, my husband and parents, the harm we have suffered can not be measured by money," Ms. Zhang said.

半年多的维权给她平静的生活带来了巨大的变化，但张女士并不后悔六个月前站在车顶上。她告诉提交人，虽然这太极端了，但这是自保障权利以来最有效的方式。在此之前，她无法获取车辆数据。她站在屋顶上，第三天就得到了数据。

More than half a year's rights protection has brought great changes to her peaceful life, but Ms. Zhang did not regret standing on the top of the car six months ago. She told the author that although it was too extreme, it was the most effective way since safeguarding rights. Before that, she couldn't get the vehicle data. After standing on the roof, she got the data on the third day.

天价索赔是怎么来的？

How did the sky high claim come from?

500万元的索赔额是如何计算的？韩超和张女士没有给出明确的答复。

How is the claim of 5 million yuan calculated? Han Chao and Ms. Zhang failed to give a clear reply.

9月27日，韩超发微博引用特斯拉对其他车主的投诉。诉状写道，被告在微博上肆意歪曲事实，诽谤特斯拉。保守估计有10名潜在消费者没有购买特斯拉汽车，因为他们受到了影响。根据特斯拉每辆车5.94万元的最低利润，原告损失超过50万元。

On September 27, Han Chao sent a microblog quoting Tesla's complaint against other car owners. The complaint wrote that the defendant wantonly distorted the facts and slandered Tesla on his microblog. It is conservatively estimated that 10 potential consumers did not buy Tesla cars because they were affected. According to Tesla's minimum profit of 59400 yuan per car, the plaintiff lost more than 500000 yuan.

4月份的"屋顶权利保护"事件将特斯拉推到了风暴的最前线。特斯拉的销售额下降，其股价一度下跌。网上甚至有这样一个故事：张女士是世界上出场费最高的女性。特斯拉一出现，其市值就下降了1000亿美元。

The "roof rights protection" incident in April pushed Tesla to the forefront of the storm. Tesla's sales fell and its share price once fell. There is even a story on the Internet: Ms. Zhang is the woman with the highest appearance fee in the world. As soon as she appeared, Tesla's market value decreased by 100 billion.

然而，特斯拉销售额和股价的下降只是昙花一现。

However, the decline in Tesla's sales and share price is only a flash in the pan.

10月25日，根据特斯拉提交给SEC的文件，特斯拉今年前三季度在中国实现收入90.15亿美元，占特斯拉全球收入的25%左右，是仅次于美国的第二大市场。这一数字也超过了特斯拉去年在中国市场的年收入66.62亿美元。

On October 25, according to the documents submitted by Tesla to the SEC, Tesla achieved a revenue of US $9.015 billion in China in the first three quarters of this year, accounting for about 25% of Tesla's global revenue, which is the second largest market after the United States. This figure has also exceeded Tesla's annual revenue of $6.662 billion in the Chinese market last year.

第二天，特斯拉的市值超过了万亿美元。马斯克的个人特斯拉股票价值2970亿美元，高于市值第二大汽车制造商丰田。

The next day, Tesla's market value exceeded $trillion. Musk's personal Tesla stock was worth $297 billion, higher than that of Toyota, the second largest carmaker by market value.

张女士问道："如果销量下降，你必须向我索赔。如果销量没有下降，我应该分享增加的利润吗？"。她认为特斯拉的"天价索赔"是为了阻止其他权利持有人。

"If the sales volume declines, you have to claim against me. If the sales volume does not decline, should I share the increased profits?" Ms. Zhang asked. She believes that Tesla's "sky high claim" is to deter other rights holders.

事实上，这类索偿诉讼确实起到了一定的阻吓作用。

In fact, such claims litigation has indeed played a certain deterrent effect.

去年3月，郑州一位车主购买了一辆3型车，今年5月初发生了一起交通事故。他认为这辆车存在刹车失灵的问题，曾在郑州车展上捍卫过自己的权利。

Last March, a car owner in Zhengzhou bought a model 3, and a traffic accident occurred in the early morning of May this year. He believes that the vehicle has the problem of brake failure, and once defended his rights during an auto show in Zhengzhou.

在特斯拉向车主提出索赔后，车主的家人建议他删除平台上发布的一些内容。犹豫了一段时间后，他不愿意向提交人提供更多的信息。不过，他表示，他已起诉特斯拉，希望通过司法渠道解决问题。

After Tesla's claim to the owner was reported, the owner's family advised him to delete some content posted on the platform. After hesitating for some time, he was unwilling to provide more information to the author. However, he said he had sued Tesla and hoped to solve the problem through judicial channels.

张女士告诉提交人，就这500万起索赔而言，光是律师费就要花费数十万美元，他们目前不打算聘请律师。她觉得自己不会输官司，会坚决维护自己的权利，直到最后。另一方面，公众舆论迫使她走到了死胡同。

Ms. Zhang told the author that for the 5 million claim, the lawyer's fee alone would cost hundreds of thousands, and they do not intend to hire a lawyer at present. She felt that she would not lose the lawsuit and would resolutely protect her rights to the end. On the other hand, public opinion had forced her to a dead end.

在屋顶权利保护之后，张女士开始一步一步地向各级市场监管机构投诉，向特斯拉索要原始数据，并与特斯拉提起了一系列诉讼，但过程非常缓慢，她被拖进了一个无尽的黑洞。

After the roof rights protection, Ms. Zhang began to complain to market regulators at all levels step by step, asked Tesla for raw data, and launched a number of lawsuits with Tesla, but the process was very slow, and she was dragged into an endless black hole.

马斯克与他的名誉之争

Musk and his reputation dispute

张女士不是第一个"在屋顶上保护权利"的人。

Ms. Zhang is not the first person to "protect rights on the roof".

2019年4月，一位女车主在西安一家梅赛德斯-奔驰4S店的顶层捍卫自己的权利，立即引起了整个网络的关注，严重损害了梅赛德斯-奔驰的声誉。

In April 2019, a female car owner defended her rights at the top of a Mercedes Benz 4S store in Xi'an, which immediately attracted the attention of the whole network and seriously damaged the reputation of Mercedes Benz.

然而，梅赛德斯-奔驰没有起诉车主。事实上，面对车主权利保护过度，汽车企业普遍选择私下和解，很少以名誉侵权为由起诉车主。

However, Mercedes Benz did not sue the owner. In fact, in the face of excessive rights protection of car owners, car enterprises generally choose private reconciliation and rarely Sue car owners for reputation infringement.

即使在美国，《棱镜》的作者也通过公开渠道进行了调查，没有发现特斯拉在美国起诉车主侵权的案例。相反，马斯克本人和特斯拉也有侵犯他人名誉权的案例。

Even in the United States, the author of prism inquired through public channels and found no case of Tesla suing car owners for infringement in the United States. On the contrary, there are cases of musk himself and Tesla infringing on the reputation rights of others.

例如，去年8月，密歇根大学的研究生霍蒂斯控告马斯克侵犯了他的个人名誉。

For example, last August, hottie, a graduate student at the University of Michigan, sued musk for violating his personal reputation.

Hottie一直质疑特斯拉的生产能力。2019年2月，为了调查车型3的实际生产能力，他将车停在特斯拉销售中心的公共停车场，然后与一名保安发生冲突。同年4月，hottie在驾驶时遇到了一辆特斯拉测试车，然后在互联网上拍照。

Hottie has always questioned Tesla's production capacity. In February 2019, in order to investigate the actual production capacity of model 3, he parked his car in the public parking lot of Tesla sales center, and then clashed with a security guard. In April of that year, hottie met a Tesla test car while driving, and then took photos on the Internet.

这些事情引起了马斯克的注意，他现在是世界上最富有的人。

These things have attracted the attention of musk, who is now the richest man in the world.

马斯克在回复一位网站编辑时说，当他与安全部门发生冲突时，这位辣妹"差点杀了特斯拉的员工"。2019年4月，特斯拉还申请了"限制令"，称霍蒂在射击测试车辆时几乎造成了碰撞，威胁到员工的生命。

Musk said in a reply to a website editor that hottie "almost killed Tesla employees" when he clashed with security. In April 2019, Tesla also applied for a "restraining order", saying that horty almost caused a collision when shooting the test vehicle, threatening the lives of employees.

Hottie说，Musk的言论让他收到了很多针对他的"仇恨言论"，并失去了工作，因此他起诉Musk侵犯了他的个人声誉。

Hottie said that Musk's remarks made him receive a lot of "hate speech" against him and lost his job, so he sued musk for violating his personal reputation.

据彭博社报道，马斯克试图推翻这场诉讼，但法官驳回了马斯克的指控，即这场诉讼毫无根据，旨在扼杀他的言论自由，认为这样做是合理的，并补充说霍蒂可能获胜。

According to Bloomberg, musk tried to overturn the lawsuit, but the judge rejected Musk's claim that the lawsuit was groundless and aimed at stifling his freedom of speech, considered it reasonable to try, and added that horty might win.

马斯克卷入的另一起名誉侵权案发生在2018年。当时，一群泰国青年足球队被困在一个山洞里。英国潜水员弗恩·恩斯沃思（Vern Unsworth）公开告诉媒体，马斯克的微型潜艇毫无用处，只是一个公关噱头。然后马斯克在推特上给另一方打电话"pedo guy"，自找麻烦。

Another reputation infringement case musk was involved in was in 2018. At that time, a group of Thai youth football team was trapped in a cave. British diver Vern Unsworth publicly told the media that Musk's Micro submarine was useless, just a public relations gimmick. Then musk called the other party "pedo guy" on twitter, asking for trouble ".

Vern Unsworth起诉musk，要求赔偿1.9亿美元。之后，马斯克删除了推特并道歉。然而，加州法院最终裁定马斯克的"名誉侵权"是站不住脚的。

Vern Unsworth sued musk and sought $190 million in compensation. After that, musk deleted the tweet and apologized. However, the California court finally ruled that Musk's "reputation infringement" was not tenable.

此外，还有一些特斯拉在互联网上侵犯他人名誉权的案例。

In addition, there are some cases of Tesla's infringement of others' reputation rights on the Internet.

2017年，前特斯拉工程师克里斯蒂娜·巴兰（Christina balan）起诉特斯拉在离开公司后诽谤她。例如，特斯拉发言人声称，巴兰秘密记录了与主管和其他员工的会议，不仅将工作时间用于私人项目，还未经批准预订了前往纽约的行程。

In 2017, Christina balan, a former Tesla engineer, sued that Tesla slandered her after she left the company. For example, Tesla spokesman claimed that balan had secretly recorded meetings with supervisors and other employees, not only used working hours for private projects, but also booked a trip to New York without approval.

巴兰说，实际情况是，她发现了特斯拉的内部设计缺陷，认为存在潜在的安全隐患。然后她试图直接与马斯克沟通，但这引起了高级管理层和公司的压力，她被迫离开。目前，此案仍在仲裁中。

Balan said that the real situation was that she found Tesla's internal design defects and thought there were potential safety hazards. Then she tried to communicate directly with musk, but it attracted pressure from senior management and the company and was forced to leave. At present, the case is still under arbitration.

另一起案件的主角是特斯拉内华达超级工厂的前雇员马丁·特里普。2018年，特斯拉终止了劳动合同，并对他提起诉讼，声称特里普窃取了商业秘密并向媒体发表了虚假声明。特里普曾告诉媒体，特斯拉在生产型号3时存在生产效率低和生产延迟的问题。

The protagonist of another case is Martin Tripp, a former employee of Tesla's Nevada super factory. In 2018, Tesla terminated its labor contract and filed a lawsuit against him, claiming that Tripp stole trade secrets and made a false statement to the media. Tripp once told the media that Tesla had problems of low production efficiency and production delay when producing model 3.

此后，特里普对特斯拉提起了诽谤反诉，但被法官驳回。最后，经过两年的斗争，特里普支付了40万美元，解决了特斯拉窃取商业秘密的指控。

Since then, Tripp filed a libel counterclaim against Tesla, which was rejected by the judge. Finally, after two years of struggle, Tripp paid $400000 and settled Tesla's allegations of stealing trade secrets.

腾讯新闻制作的内容不得擅自复制，否则将追究法律责任。

The content produced by Tencent News shall not be copied and reproduced without authorization, otherwise it will be investigated for legal responsibility.

Link：https://new.qq.com/omn/20211031/20211031A0A5ZH00.html

update time：2021-11-01 10:45:55