Hard braking to avoid a frontal collision could be logged.
Emergency braking when a car pulls in front of you
The hardest braking my car does is usually phantom braking. Not sure counting those events would produce the insight you were hoping for!
I quite often get a message displayed about AEB being applied for my safety or such like..... without any actual braking or slowing. Usually when I'm passing a cyclist, so logging those probably wouldn't help either.
I agree. Regardless of what legal argument would determine regarding what Tesla contractually undertook by way of their wording, the fact that there is so much debate is a good argument that marketing claims have not been straightforward and reasonably clear. The only purpose I can see for such lack of clarity in a marketing situation is deceit in some measure.
who knows if HW3.0 is actually enough
Right. And therfore who knows if cars are FSD capable or not? - unless there is an undertaking to install whatever hardware is needed to make cars FSD capable. Even then, without a realistic timeline and commitment to put delivery ahead of profits, it's still in the deceptive marketing category imo.
There is no evidence that the old goal post has any relevancy anymore.
Except to people who bought based on a reasonable interpretation of what the goalposts were at that time. Unless the new goalposts deliver universally higher performance to both old and new cars / owners, in which case, sure, the original ones cease to be as relevant.
Tesla was selling features to come in the future and locking in the price we paid ($3k & $5k for a total of $8k for EAP and FSD Capability).
Again, it's hard to demonstrate that you sold FSD Capability until cars are actually capable of doing reliably and consistently whatever the claims stated.
the promised capabilities of the hardware.
It seems to me so much splitting hairs to talk about hardware capability as though its different from what the car can actually do! False marketing claims are based on the difference between what a product can actually do at the time of sale vs what the seller would like you to believe it can do - today or at some specific time in the future. The very fact that there is a difference between those two 'realities' is the basis for a claim. The question is how big is the gap. In the case of FSD I say it's a pretty big gap.
I would also say that whether or not there is a deceptive element in marketing claims depends to some extent on the state of the market and what buyers can reasonably be expected to know. In the case of FSD there isn't much for buyers to go on other than what a specific manufacturer creates in buyers' expectations.