Anyone with MCU1 bought FSD when it was advertised as a full Level 4 system, at a safety level higher than a human driver, not just city streets autosteer like people post 2019.I don't think Tesla ever said all vehicles will always be able to run the most current version of everything. What argument will you use for why you should get a newer version of FSDb?
Is Tesla really, truly saying that MCU1 will be able to do full self driving to L4, yet in 2024 they can't even put software newer than 2 years old on it, despite constantly updating software on newer hardware?
How is Tesla even complying with the NHTSA recall if they don't update software?
This is why this needs to go to a judge- because there is a way to see Tesla's behaviors as reasonable, as well as a way to see them as unreasonable. The simple argument to a Judge is "7 years after Tesla showed a video saying no driver was needed, my car is still nowhere near that functionality, and so I don't trust them that my hardware will be compatible, given they appear to only be updating other hardware now." I can see a Judge agreeing with that. Just because Tesla says something doesn't make it true or reasonable or even legal.
Plus, as we know, Tesla will never show up to make an argument because then they'd need to say these things on the record.