gearchruncher
Well-Known Member
I know they have seen the "loophole". If they handle it by telling you that you can't subscribe your 2016-2019 car because of the hardware on board, then they will get sued. Because it isn't a loophole- it's a promise they made to their customers. Calling it a loophole is a version of victim blaming. How was a buyer in 2017 supposed to know that Tesla would release 2 more HW versions (without ever telling customers)? Tesla was the one with all the information in this transaction and they have a duty to be transparent.
Given they are already proactively putting HW3 in many S/X cars when they are in for service, I believe they just know they will need to upgrade anyone that subscribes, and they will be happy to do so if you subscribe. This isn't even a "cost" for them- they have always had to carry this liability on their books, they have known for years that HW2/2.5 cars were going to need HW changes.
Remember, the law cares about damages. As long as you never try to buy FSD, you have no damages if your car doesn't actually have FSD hardware, so the false advertising doesn't cause monetary loss. The instant that I can't do something (like subscribe to FSD), then I have damages. Tesla has avoided this so far by doing upgrades whenever someone buys FSD. They'll need to do the same for subscriptions to the *exact* same software as well.
If Tesla does allow FSD purchases for HW2/2.5, but not subscriptions, what do you think their rationale will be that avoids "all cars have HW needed"?
Given they are already proactively putting HW3 in many S/X cars when they are in for service, I believe they just know they will need to upgrade anyone that subscribes, and they will be happy to do so if you subscribe. This isn't even a "cost" for them- they have always had to carry this liability on their books, they have known for years that HW2/2.5 cars were going to need HW changes.
Correct- if you bought FSD in 2016, you could get HW3 a year ago. This is all about HW2/2.5 cars that never purchased FSD, but are now interested in subscribing when that becomes available. Which could be any car bought October 2016-May 2019.Whoever bought FSD back then in 2016 is eligible for the hardware upgrade... right? We are not talking about anyone who purchased FSD... or am I mis understanding that? The only people who would be subscribing are people who dont own it, and what they were told in 2016 has nothing to do with now, because they didnt buy it then... right?
Remember, the law cares about damages. As long as you never try to buy FSD, you have no damages if your car doesn't actually have FSD hardware, so the false advertising doesn't cause monetary loss. The instant that I can't do something (like subscribe to FSD), then I have damages. Tesla has avoided this so far by doing upgrades whenever someone buys FSD. They'll need to do the same for subscriptions to the *exact* same software as well.
If Tesla does allow FSD purchases for HW2/2.5, but not subscriptions, what do you think their rationale will be that avoids "all cars have HW needed"?
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