I've said this from the very beginning that launching Autopilot as a "beta" software was a bad move. In fact, you can now hear Tesla's disclaimer being emphasized loud and clear in their blog post, which in my opinion is a cowardly move. I have bad news for Tesla - hiding behind a beta software disclaimer is not going to go far with NHTSA. I am saddened by what happened, but it was inevitable. The way Tesla released and implemented Autopilot was a mistake, in my humble opinion, and the NHTSA might force Tesla to pull the software which would be devastating for Tesla and Elon Musk's way of doing things.
I'm not quite sure why a bright sky excuses Tesla's software. The Tesla's emergency braking should have kicked in, but it did not. Emergency braking should depend on the forward radar, not the camera, to engage braking when it detects an object in the car's path. The driver should not have needed to see the semi, that's why emergency braking exists!
The notion that Tesla is not responsible because, hey, if the driver can't see something then we shouldn't expect Autopilot to see it is pure nonsense. That's why we have emergency systems in cars, to save us when we aren't looking, paying attention, or can't see something. That's why we invest in cars which have these systems. The systems are designed to protect us from things we aren't even aware of. To suggest that the software gets a pass because not even the human driver saw it coming is laughable.
I see stormy weather ahead for Tesla and TSLA.