Why wouldn’t a buyer be justified in relying upon a sellers description of the goods for sale?
With that in mind it seems that you are not thinking about the Rst. 2d Torts 540 duty to investigate rule. I can be justified in relying on something (e.g., your intentionally misleading name for the feature) even if an investigation would have shown the misrepresentation was false. Instead of “totally fine and legal” I would say that this is “a fact-dependent situation.”
Do you believe that selling something called Full Self Driving that actually could not drive itself fully is within the duty of good faith and fair dealing? This sidesteps the issue of the tort of fraudulent misrepresentation and goes right to the heart of the customer confusion a product like a Tesla sows.
If you want to sit here and tell me that the contract actually says the car can't drive itself, that's fine but my hypothetical had nothing to do with a caveat in fine print. I suggest before you make a personal attack, you do your best to read the regular-sized print that I delivered to you. The website which you are using this twenty-hour old account to troll has some rules, too, and you would do better to study those rather than to try to contradict me.
>The conduct of delivering something that is not what you advertised fulfills the elements.
The issue is what was promised. The promise is not just the title of the feature, but all of the information presented to you when you buy a Tesla.
And I’ll contradict you all day if I want because you’re not just wrong, but clearly suffering from Elon Derangement Syndrome.
You’re clearly not a lawyer even if you role play one online.
Your negative one karma over the last 24 hours tells us everything we need to know about you, leaving my licensure status aside.
Seller Assumes Liability for Injury†
†Seller Assumes No Liability for Injury
Ah, so the hundreds of thousands or millions who bought FSD years ago should be happy that a few thousand of you get to test out a system with your own lives. Great.
Edit: Don't bother responding if you're a Tesla or Elon fanboy/fangirl. I'm not interested in being insulted any longer by you folks.
You're testing it with the lives of others on the road or walking beside it too.
so self driving cars could only exist for a billionaires profit? how about for the countless lives that will be saved by this technology? tens of thousands of people die every year. cmon dude.
That limit is in place for student drivers to limit distractions; it's a specific mitigation to a problem specific to them. FSD needs its own.
> where is your proposal for compromise?
I'd like to see safety data reporting requirements that come from regulators, not Tesla, whose self-reported cherry-picked data points I find quite suspect. (Example of this issue: https://www.latimes.com/business/story/2022-12-27/tesla-stop...)
I'd like to see safety-critical beta software in cars undergo independent audits prior to widespread release. (My dream would be for it to be open source, but that's probably unrealistic.)
I'd like to see formalized safety testing processes of such software at the regulatory level, similar to how crash testing is currently conducted.
I'm sure others have specific, useful suggestions.
> there are none because nobody who likes pouring cold water on tesla is coming from a place of intellectual honesty.
This, ironically, doesn't sound like it comes from a place of intellectual honesty.
> how about for the countless lives that will be saved by this technology?
I certainly hope that happens someday.
if the federal government had been tasked with overseeing the early versions of fsd, it would have been swiftly shut down because of the nature of the federal government, not to mention the politics. but thanks to the private sector we now have modern fsd which is bar none the most advanced and capable self-driving solution in the world. now that self driving has gotten this far, its probably much less likely to be aborted if subjected to government intervention and oversight. in light of the huge benefits that self-driving cars stand to create, measured in human lives, compromise is the only rational proposal. shutting down fsd like mouth-breathing internet commenters talk about would be objectively wrong given the state of its competitors and the nature of the problem.
edit: your bio says 'fuck elon musk.' making a two dimensional character out of elon musk isnt a good way to understand him or his projects. when the time comes and elon musk uses his influence and money to do something really bad, it might be boy crys wolf thanks to your camp.
My Twitter bio does. Added shortly after he banned links to Mastodon, broke Tweetbot (and lied about them breaking the rules), and announced breaking changes to the Twitter APIs I use extensively at work with a few days warning.
They then announced the free API would go away entirely with a week's notice and pricing details "next week". (https://twitter.com/TwitterDev/status/1621026986784337922) That change got delayed several times.
Absolute clown show. If they'd said "in 90 days we're shutting down third-party clients and implementing a paid tier", people would've grumbled but seen it as fairly reasonable. Kneecapping devs who've been building Twitter apps and integrations for a decade was cruel and unnecessary.
But I'd like to point out that the link you included is out-of-date. Tesla has continued to publish their autopilot safety numbers in their quarterly slide decks. Here is Q3 2022 for example, see page 10: https://tesla-cdn.thron.com/static/SVCPTV_2022_Q4_Quarterly_...
Miles between accidents on Autopilot Q4 2021: 4.3 million miles Q1 2022: 6.5 million miles Q2 2022: 5.1 million miles Q4 2022: 6.2 million miles
Autopilot can only be used in safer conditions, and if the car goes “whoops I’m out, take over” shortly before an accident that doesn’t count in that stat either.
But you’re right that comparing largely highway miles vs all miles isn’t completely fair. FSD on the other hand can be activated and used in most scenarios and has 3.2 million miles between accidents vs the US average of 500,000 miles. So still quite a bit safer but less so than autopilot.
As for autopilot deactivating right before an accident, if autopilot was active within 5 seconds of the accident it is still attributed to autopilot, not the human driver.
"Old number" here means "the same old stat they trot out every time". The value gets updated; the concerns over its being a cherry-picked apples-to-oranges comparison remain.
FSD still nopes out in the most challenging circumstances, which are the circumstances where accidents are far more likely to happen. It's like a surgeon bragging about their low complication rate; if they run out of the OR screaming when something unexpected happens and their colleague has to take over, it's not a super useful stat.
No, I actually believe that, because I have some morals and ethics around introducing dangerous and untested black-box AI into a several-ton machine with no physical consrtaints as to it's location (aka: a moving car), as in I wouldn't do it myself nor use a product like Tesla that was developed in such a shoddy manner.
It's pretty fucking rude to assume you know what's in my head, and I wish I could insult you as hard as you insulted me with that statement, but that would just be tit for tat and HN isn't about that kind of insulting remark.
I'm not going to engage with someone like you any longer, though, as you're being really fucking rude.
ABUSING YOUR FLAGGING PRIVS IS RUDE, DISHONEST AND SHAMEFUL. A PERSON AS OLD AS YOU SHOULD KNOW BETTER
It's "Full Self Driving" not "Full Self Driving without Accidents".