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Proprietary software hold up or something else?

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Excuse my ignorance on this subject but I couldn't help but wonder about the current state of autopilot for both Hw1 and Hw2. When it comes to the mobileye hardware and Tesla vision hardware, does Tesla have the ability to continue to develop software for Hw1 vehicles or do they run the risk of getting sued by mobileye and therefore cannot use any HW1 code for HW2 and that is what is taking so long. In addition to this does this mean that going forward Hw1 will have to be developed carefully to avoid using any code that could be considered proprietary and run the risk of getting sued. Any thoughts or insight from people who know?
 
I don't think anybody around here knows Tesla licensing situation with AP1 code. I'm not even sure we know for sure if that MobilEye firmware was written by Tesla or accepted as binary blob from MobilEye instead.

What we do know is that that firmware did not change since the split or there about.
 
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