Tesla really needs to get spanked for this in court. Either we own the software license or we don’t.
They cannot have it both ways.
They certainly will if its ever proven that they removed FSD from a vehicle a customer sold to a dealer that never landed in the hands of Tesla. That's pretty clear even to a non-lawyer like me. What's going to be harder due to the lack of precedence is spanking Tesla for removing/adding FSD to vehicles that pass through them. Like cars traded into Tesla that they then sold/auctioned to 3rd party dealers without being clear on the status of SW enabled features like FSD.
Tesla always tries to have it both ways.
Often cited example:
0-60 of the new Model S is without rollout
0-60 of the new Model S Plaid is with rollout
Often complained about example:
Tesla to consumers buying FSD -> FSD stays with the car and we can't refund you past 48 hours since purchase
Tesla to consumers selling FSD -> You think we're going to give you money for that on a trade? Are you kidding? We can add that for free
Tesla to Tesla -> Lets add/delete FSD from vehicles in our possession to maximize profits.
The problem with SW enabled features is it's really hard for 3rd party dealers to compete. A 3rd party dealer can't add add FSD, Acceleration boost, etc. at zero cost to them like Tesla can. Any FSD car that comes in they have to offer more for versus one without FSD. so its much more of a fair market deal then what Tesla can do.
What I'd like to see is more disclosure requirements for Tesla. Like better tracking of what paid SW features got added/deleted from used vehicles in their possession. To see if Tesla was abusing their position as both the manufacture, and seller.
FSD Subscriptions will go a long way in solving a lot of the existing problems because it removes it from the vehicle entirely. That might diminish the problem before the new FTC sets her sights on Tesla, and FSD practices.