Yes, but they are different in 2016 vs. 2019/2021. They are simply not the same caveats. If you want to argue that they're equivalent somehow (lots of validation needed in both cases, validation will ensure it is very safe, etc., etc.), obviously that is up to you. But that's not how I read them; the verbiage changed for a reason and it is quite different now.
I don't think it gives Tesla an "out." They are free to sell what they wish. To me it seems pretty clear that "L4+ in most circumstances" is promised to 2016 buyers.
Tesla is also obligated to provide what they described in the 2019 verbiage change in a reasonable timeframe, which I interpret to mean L2 (because it may require supervision indefinitely) or better, performing all the advertised operations. There's no out.
We can agree to disagree. I think I understand your interpretation now. Obviously each of us are entitled to our own opinions and interpretations, and eventually, if Tesla does not deliver L4+ "soon," it will be litigated in court, probably - which is all that matters. That's where what was promised, and when, will be determined.