Once they win the later then they can take it to the former. Honestly what they are doing is in bad taste. You certainly don't go an attack like this.
I like Tesla's cars, I certainly don't like paying people to buy them and I really don't like tactics like this. Face it, if Ford or GM tried this stunt people here would be crawling up their ass.
https://www.youtube.com/watch?list=UUaelOgVXLe-1a3PUpob3upQ&...
Looks like Tesla is justified in trying to neutralize that slimy attempt at publicity.
As someone on youtube noted, take a close look at around 0:50. You can see lights flash, which seems very likely to have been from someone unlocking the car. Right after, the door handles miraculously start working again. The whole thing reeks.
The comparison to Ford or GM doesn't really work as they wouldn't have such widely popular articles about being sued for lemon laws.
I don't always agree with it -- sometimes lawsuits are necessary -- but Tesla is trying to resolve speech with speech.