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Reasonable people can disagree. Unjust enrichment would be the equity claim, but non-delivery of contractual obligations is really the nub. I want people to take action rather than moaning on the Internet. The first few cases will be instructive.
If you’re interested in the results of a lawsuit where two guys are claiming that they were told by Tesla sales people that the car was Level 5 and they sued for false advertising, keep your eye on the docket of this case: Tesla lawsuit claiming Autopilot is 'false advertising' allowed to proceed

Plug in the case number here: Request Rejected

several orders issued, including various demurrers (dismissals) in Tesla’s favor…case is ongoing, however.

but facts in that case are unique as they involve specific sales people that lied or misled the plaintiffs during a specific transaction. im still not sure if that’s what you’re claiming.
 
Again I‘ll ask, what is the basis for the claim? What facts? What’s the wrongdoing you see Tesla having committed? That we don’t have level 5 autonomy yet? That you didn’t have it the day you bought FSD?
Tesla never promised L5. Tesla did, prior to 2019, claim one could summon the car from across the country and not require human intervention.

Of course, these were not contractual obligations, but it's a grey line between marketing implied deliverables and marketing fluff.
 
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If you’re interested in the results of a lawsuit where two guys are claiming that they were told by Tesla sales people that the car was Level 5 and they sued for false advertising, keep your eye on the docket of this case: Tesla lawsuit claiming Autopilot is 'false advertising' allowed to proceed

Plug in the case number here: Request Rejected

several orders issued, including various demurrers (dismissals) in Tesla’s favor…case is ongoing, however.

but facts in that case are unique as they involve specific sales people that lied or misled the plaintiffs during a specific transaction. im still not sure if that’s what you’re claiming.
I think you and I are generally on the same page: that Tesla's statements and Elon's statements aren't obligations.

On the other hand, what end of the bargain did a 2016 MS owner that bought FSD get when she sells it in 2021? (Clearly hardware in 2016s cannot perform FSD.)

You are saying that such a person has no claim and too bad so sad.

That same owner who does not sell and expects Tesla to perform by delivering FSD as implied in 2016 (or at least city streets Autopilot) does not have damages, yet. But they are entitled to hardware upgrades to get there. Elon has admitted such.

I am agreeing with you in that scenario.
 
I think you and I are generally on the same page: that Tesla's statements and Elon's statements aren't obligations.

On the other hand, what end of the bargain did a 2016 MS owner that bought FSD get when she sells it in 2021? (Clearly hardware in 2016s cannot perform FSD.)

You are saying that such a person has no claim and too bad so sad.

That same owner who does not sell and expects Tesla to perform by delivering FSD as implied in 2016 (or at least city streets Autopilot) does not have damages, yet. But they are entitled to hardware upgrades to get there. Elon has admitted such.

I am agreeing with you in that scenario.
Ok, so you‘re saying that 2016 cars with FSD will never receive the FSD functionality that other, newer, teslas will—is that correct? Because as I understand it, Tesla will upgrade to HW3.0 which includes the FSD computer as well as the necessary camera upgrades…
 
Ok, so you‘re saying that 2016 cars with FSD will never receive the FSD functionality that other, newer, teslas will—is that correct? Because as I understand it, Tesla will upgrade to HW3.0 which includes the FSD computer as well as the necessary camera upgrades…
You really are a litigator. 😄 Don't twist my words. HAS TESLA DELIVERED A CAMERA, MCU, AND HW UPDATE to AP 2 CARS?

Hint: no. And corporate has no information about such upgrades at this time. So my hypothetical owner that sells her 2016 MS today gets nothing.
 
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Ok, so you‘re saying that 2016 cars with FSD will never receive the FSD functionality that other, newer, teslas will—is that correct? Because as I understand it, Tesla will upgrade to HW3.0 which includes the FSD computer as well as the necessary camera upgrades…
Wait. You're basing this solely on an Elon tweet, but belittle those who bought FSD based on Elon's tweets.

Explain.
 
You really are a litigator. 😄 Don't twist my words. HAS TESLA DELIVERED A CAMERA, MCU, AND HW UPDATE to AP 2 CARS?

Hint: no. And corporate has no information about such upgrades at this time. So my hypothetical owner that sells her 2016 MS today gets nothing.
Guy I can tell you’re really worked up over this, I’m sorry, I really didn’t mean to get you riled up. It doesn’t matter, much better things to focus energy on, you win, ok? take care, buddy.
 
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I expect they will declare FSD feature complete sometime soon--that is, it does all the things originally promised, of which AP on city streets is really the only outstanding feature (note: I am not making any judgement on how well they work). I think Tesla will then upgrade older cars to HW3 standards because the current SW stack is designed to work with HW3.

Based on Elon's comments at the Aug AI day, I think we will see FSD 2.0 and HW4 released, probably with the CT. He referenced newer cameras and, IIRC, HW4 during the event. Now Tesla cannot afford to keep perpetually upgrading every car they have ever sold since 2016 every time they upgrade FSD capabilities, so I think they will declare the current SW "done" and their obligations fulfilled, then introduce something new.
Yes, sounds like Technoking is running full speed into Blackberry Drive on Autopilot
 
@gaspi101, rxlawdude just told me your bike sucks.

@rxlawdude, gaspi just made some kinda comment about 'those who can't do, teach'

...my popcorn was *almost* ready...

Just kidding around. Please don't sue me for defamation, or libel, or whatever it is :)
Everything was copacetic but then you brought my bike into this??? Forget it, it’s on! Haha

Edit: for whatever it’s worth, FSD Beta on my 2017 X is just as great as it is on the 2018 Model 3! Truly incredible what Tesla has achieved.