Maybe I'm being dense, but it doesn't make sense to me: if Broder's only goal was to write a negative review, and he didn't know about data being collected from his car, why take the trip at all? And if he did know about Tesla collecting data from his car, why would he do the things Musk claims he did? He's not stupid.

That, and the fact that he has a fairly plausible explanation for each of Musk's claims, would put the burden of proof on Tesla. (I also get lost in parking lots; it doesn't prove he was trying to kill the car.)