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1. What a very strange ordeal. Someone please explain but it seems like the only way this works out for Musk is if he brings some incriminating evidence on the diver? Why wouldn’t they just settle this out of court?

2. Everything else aside, I remember seeing the narrow squeezes, and remember seeing the submarine. That was never going to work.

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I suppose it could end up as only a slight loss for Musk if the diver can't demonstrate damages? E.g. if Musk's claim was so absurd and non-credible that nobody took it seriously?

IANAL, but in my understanding, the diver would need to demonstrate damages in a standard defamation case, but defamation per se does not require actual damages.

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