a. When you buy a car why should you even care about that hw/sw distinction, and more importantly do you have the distinction in mind at all time, and are advertisement usually worded that way, stating that maybe the car could become self-driving one day (but without even stating the maybe explicitly, just using tricks)
b. It is extremely dubious that the car even have the necessary hardware to become a fully autonomous driving car. We will see, but I don't believe it much, and more importantly competitors and people familiar with the field also don't believe it much...
People clearly are misunderstanding what Tesla Autopilot is, but this is not, ultimately, their fault. This is Tesla's fault. The people operating the car can NOT be considered as perfect flawless robot. Yet Tesla's model consider them like that, and reject all responsibility, not even considering the responsibility that they made a terrible mistake in considering them like that. We need to act the same way as when similar cases happens for a pilot mistake in an Airplane: change the system so that the human will make less mistakes (especially if the human is required for safe operation, which is the case here). But Tesla is doing the complete opposite! By misleading buyers and drivers in the first place.
Tesla should be forced by the regulators to stop their shit: stop misleading and dangerous advertisement; stop their autosteer uncontrolled experiment.