This header is misleading. Lawyers are making a legal point, not a prediction on the tech or where it stands and certainly not saying "its a failure". They don't even have the technical insight to make that assertion.
They're also not saying it's "a failure", they're saying "failure to realize a goal is not fraud". There is a strong semantic difference between "we have failed to realize the goal (yet)" and "we have failed at realizing the goal (permanently)".