Mark Rober *just* DEFRAUDED Tesla [Lawsuit Likely]

Mark rooper a YouTuber with 65 million

subscribers may have just set himself up

for a massive Lama lawsuit by Tesla

against him for the experiment that he

set up in partnership with a liar

company and the big irony of it is that

the lar company may be able to walk away

Scott free from this experiment leaving

Mark rooper holding the bag for crappy

on Tesla in an unfair manner in this

video I'm going to break down everything

that you need to know with what's going

on what kind of legal basis Tesla could

have to sue Mark roer and the weird

conflicts of interest that went into a

video called quote can you fool a

self-driving car first and foremost

let's start with some of the shenanigans

that are going viral but then we need to

talk about the promise that were made

earlier in the video take a look at this

this is the part that's going viral but

it only tells part of the story you have

a wall that is built out of Styrofoam

and the wall is essentially a printed

photograph of the background that would

otherwise be there multiple times

throughout the video Mark rooper says

Tesla uses a cheaper camerab based

technology to detect obstacles versus

liar based technology which is more

expensive implying that Tesla products

are worse because they're cheaper and

the lar is better because it's more

expensive let's listen in here to the

final example and then I'll get to what

the promise was which could be the basis

for a really big lawsuit the 40 m hour

and as the wall crept closer and closer

without moving an inch holy crap

question was if the Tesla would detect

it in time to step on the brakes and it

turned out holy

[Music]

[Applause]

so as we can see not only did Tesla not

stop for the image of a wall but then

also hid a child that was behind the

wall which I think is just for more of a

Slam against Tesla uh on purpose here to

seem dramatic I'm not exactly sure why

the child behind the wall was necessary

but there's a promise that Mark Roper

made that is actually really important

here earlier in the video mark ER told

us the following and I want you to see

and listen to this very closely right

here I'd be even nicer by using the more

conservative autopilot on the Tesla for

all the remaining t wait a second he's

going to be nicer by using autopilot for

all of the remaining tests all right

well this already creates some confusion

and I'm going to break that down but

let's just stick with that for a moment

he's going to use autopilot for all of

the remaining tests let's see if that's

true in the creme de La Creme history

first Tesla crashes into wall experiment

that's because he calls it the history

first experiment where this is conducted

let's see if autopilot is actually on at

the time of the impact up to the 40 mph

right here we can see no driver

assistance software is on but that

changes in just a moment as the wall

crept closer and closer without moving

an inch holy crap question was there it

is right here Mark rooper reaches over

with his hand on the bottom left of the

screen there and enables autopilot we

could see that with the Rainbow Road and

the blue lines let's see that a little

closer here C question was if the Tesla

would detect it in time to step on the

brakes and it turned out but wait a

minute was it on before the impact well

based on the editing this is what we see

it's ho

[Music]

uh-oh wait a

second there's the wall right here is

the

wall it appears autopilot is off again

frame by frame no autopilot as it goes

into the wall now that's interesting

because we just heard Mark rooper say

for the remainder of the tests we're

going to use autopilot and this is where

a lot of people are getting suspicious

was this potentially a paid partnership

between Mark roer and luminar after all

luminar technology is clearly featured

in the video because their vehicle is

branded and what appears to be a luminar

employee is driving the vehicle now this

is potentially brilliant by luminar

because luminar shows up with their

vehicle doing their experiment in their

own vehicle and they never touch or talk

about the Teslas they're just showing

their own technology this is a brilliant

watch the hands move by luminar because

Mark roer could end up getting left

holding the bag if Tesla ends up suing

Mark for false and misleading

advertising under the lam act we'll talk

more about the legal basis for a

potential lawsuit in just a moment but

look at this on the luminar website they

don't say look luminar just beat Tesla

no they say luminar liar tested by

former Nas NASA slapple engineer and

current YouTuber Mark roer click to

check it out and they directly to the

video which is where Mark rooper even

opens up the video saying he's going to

use autopilot on autopilot going 40 mph

towards a fake W car owning Road painted

wall please but wait a minute in the

frames we saw autopilot was off and take

a look at this in any luminar

shot luminar is driving the car whereas

when it's the Tesla Mark is driving the

car and luminar is nowhere to be seen

maybe because luminar knows that this is

a legal hot

potato and kind of unfair to Tesla but

take a look at this luminar example here

in this you'll notice the luminar

branding on the car the lar on the

vehicle and the person who's driving

wearing a luminar shirt potentially

because they're an

employee wall of water started lar

seemed to not slow down at all Bo

until the last possible second another W

you can clearly see The luminar Branding

now we just need the rain to stop you

know any good rain

dances just back up oh that's actually a

good

idea and luminar driving now wait a

second luminar isn't disclosed as a paid

sponsor in the video but we do have a

shout out thanks to luminar for letting

us test their vehicle luminar is

obviously using this experiment to

advertise their business but it's kind

of a sleazy comparison Mark rooper is

using this experiment to advertise his

business get two free boxes with crunch

laabs or whatever SL liar crunch

labs.com liar now this is fascinating

because now you have two business

interests benefiting off of a smear off

of Tesla which is quite frankly the

basis for Lama act lawsuits again we'll

hit that in just a moment but first you

need to understand that Mark roer may

also be purposefully misleading folks on

the self-driving features that Tesla has

see when a lot of consumers hear

self-driving they assume or autopilot

they assume full

self-driving but there are actually

multiple different modes of Tesla driver

assistance that exists in fact if you

look at the channel Tesla how 2 you can

see a very simple breakdown of the

features that Teslas have first they

have automatic breaking which is hey we

see an obstacle we'll stop then they

have traffic aware cruise control which

is essentially where you'll see a little

Max icon on the speed and you'll keep

distance from other vehicles then you

have autopilot which also keeps you

aligned in a road and then you have full

self-driving which appears more like a

straight line here and full self-driving

is more closely associated with well

full self-driving like a self-driving

car and full self-driving is never

mentioned in the mark Roper video in

fact they simply say Hey you know we're

relying on the cameras for the automatic

braking but that didn't work so well so

instead let's just use autopilot for the

remainder of the tests in the video

that's not full self-driving even though

most people who hear that may assume

they're talking about Tesla full

self-driving which could slam Tesla's

brand that's not what's actually being

done here there sort of relying on the

Public's ignorance that autopilot is the

full self-driving feature when it's not

advertised as a full self-driving

feature in fact on Tesla's own website

they break down the difference between

autopilot and full self-driving they say

that autopilot comes standard for every

new owner of a Tesla but that there's a

difference between autopilot and full

self-driving features that autopilot

does come with traffic Weare cruise

control but so full self-driving has

navigate on autopilot and many more

safety features associated with Beyond

this when you go further into Tesla's

website You Do In fairness see that

autopilot will come with features like

emergency braking but that full

self-driving is their more advanced

driver assistance software so there are

a few issues here because one Mark roer

never describes that there's a

difference between autopilot and full

self-driving they sort of leave that to

the consumer to decide and number two

they say in the remaining tests they're

going to use autopilot but then at the

very last and most critical test they

don't use autopilot at least what we

could see based on the edit which leaves

a lot of people wondering hey wait a

minute was this designed to purposefully

defame Tesla now I want you to hear it

directly from Mark and then let's get

into the legal problems and the legal

bases for how Tesla could potentially

Sue and I want you to think about this

is Tesla even going to have to show

damages for their case against Mark

rooper the answer may surprise you and

it's not good for Mark but listen to

these sections here for a moment Oh

no just not in time to fully hit the

brakes oh no he was even a crunch laabs

fan speeding all right we are up to

speed and with just simple cameras the

Tesla was speeding fast oh no but did

detect the kit

Oh

no just not in time to fully hit the

brakes oh no he was even a crunch laabs

fan now if you're a Tesla owner there is

a silver lining because we were relying

on the automatic emergency braking

system to stop for the car and because

it assumes the driver is paying full

attention while fully driving the car it

only hits the brakes when it's 100% sure

there's a problem in order to avoid

false positives so the alternative is to

use autopilot and that assumes the

driver isn't paying much attention and

while the downside is you get way more

Phantom breaking and false

positives that was ridiculous the upside

is you're less likely to be charged with

vehicular manslaughter because you can

see here on autopilot it actually

stopped in time so I decided to be wait

a second here's some more problems Mark

rooper suggests that hey we don't want

to use autopilot

because there's more Phantom breaking

but then they show videos from somebody

else's YouTube channel where there's an

odd instance of well Phantom breaking

and while that has been an issue in the

past it doesn't seem to be a ubiquitous

issue at least in my experience I don't

deal with Phantom breaking maybe in the

past it's been something that's come up

but it hasn't been a recent issue for

Tesla but notice how they say hey

there's a silver lining we don't only

have to rely on the cameras using a

automatic breaking technology we can use

autopilot which assumes we're paying

less attention uh well first of all no

it doesn't all of Tesla's products

require you pay attention including full

self-driving but that aside Mark rooper

doesn't mention the true Silver Lining

which is you're not even referring to

full self-driving you're going from the

automatic braking technology to autop

Pilot while completely ignoring that

there is a very modern technology called

Full self-driving which would be much

more fair to use in your future tests

but that's not what we get here be nice

and call the score one to one and then

I'd be even nicer by using the more

conservative autopilot on the Tesla for

all the remaining tests so now Mark roer

is going to do Tesla favor and he's

going to use the ancient autopilot

technology not even mention the full

self-driving technology but then again

in the CR the lrem example he doesn't

actually seem to use autopilot because

it appears disabled right before the

impact now this really creates Lama act

questions and the Lama act has its basis

in corporate false advertising and

there's a great way to look at it by

seeing the definition of the law right

here and it's pretty self-explanatory to

bring a claim for false advertising the

plaintiff must show that the defendant

in this case Mark rooper made false or

misleading statements as to their own

products or anothers in this case Tesla

could argue that Mark made misleading

statements that autopilot was designed

for people who aren't paying attention

and that that's the better product over

just relying on autoing but he

purposefully leaves out full

self-driving and he purposefully leaves

out that no these products aren't

designed for you not to be paying

attention and then suggests that hey

maybe that'll help you prevent being

convicted of vehicular manslaughter

which seems like a very slippery slope

illogical argument against Tesla now if

you go further into this you see that

quote actual deception occurred or at

least the tendency to deceive a

substantial portion of their intended

audience occurred well in my opinion I

wasn't deceived but then again I'm also

pretty familiar with Teslas and I could

see that while the video was deceptive

it wasn't deceptive enough to trick me

but then again that's not the basis for

the law the basis of the law is quote at

least a tendency to deceive a

substantial portion of the intended

audience and if you look on social media

I'll let you do that yourself there are

plenty of people quoting this example

video from Mark Rober saying wow look

how much Tesla sucks it kills children

I'm being hyperbolic here to summarize

it for you this clip is going viral but

it misses a lot of context and in my

opinion it would be very easy for Tesla

to argue that the vast majority of

people or at least a substantial portion

of people who watch this video are being

deceived in addition is that deception

material enough to likely influence

purchasing decisions well sure people

buy a car for safety and this feels

unsafe and nobody wants to be convicted

of vehicle manslaughter vehicular

manslaughter in addition which is a very

interesting line here notably the

plaintiff does not need to show that

they suffered actual injury from the

defendant's false advertising that's

actually huge because it makes the

argument that Tesla doesn't have to

prove or 20 people who didn't buy a

Tesla because of this video they simply

have to prove that you have slandered

the company in a way of false

advertising and this has risen to the

level of business tort because you ended

up promoting your own product or

somebody else's product which is exactly

what happens in the video he promotes

his own product using this frankly

defamation against Tesla to promote his

own product while also promoting luminar

Tech whether or not luminar Tech paid

Mark rer here or not may not matter so I

would make the argument here that Mark

rooper is clearly taking advantage of an

opportunity to utilize luminar

technology and liar technology which is

pretty cool because he shows us and

teaches us how his lasers work and even

takes the Laser Technology to Magic

Mountain to map out what Magic Mountain

looks like which nobody really knew what

it looked like before that because

frankly it's dark when you go to

Disney's Magic Mountain and he snuck a

lar camera red it so I get it he's

making a fun video for kids to

understand the difference between camera

technology and laser-based Technology

Vision based technology the problem with

this is he creates negative brand for

Tesla by implying that the technology

he's showing is Tesla's full

self-driving technology he literally

writes can you fool a self-driving

car but he doesn't actually use the

self-driving technology in his

experiment instead he uses the autopilot

technology to destroy figures of

children and imply that if you rely on

this technology you could end up being

subject to veicular manslaughter claims

this is really problematic because if

the test was done more fairly it'd be

tough for Tesla to have an argument here

but because Tesla's full self-driving

technology was completely ignored and in

some cases even their autopilot

technology may have been disabled Tesla

could have a pretty big argument against

Mark roer here so at best case scenario

this is unfair for Tesla and a true

experiment should be followed up with

the latest technology that Tesla

has worst case scenario Mark rooper

could end up at the bad end of a lawsuit

but I think Tesla would win in this case

luminar might get looped into their CA

into the case for their involvement but

I actually don't think that Tesla would

have a very good case against luminar

and luminar I think knows this because

they purposely get out of any Tesla

related experiment kind of smart but

again deceptive to millions of people