Is Tesla open source? Roadster certainly isn't
sfconservancy.org
sfconservancy.org
I don't know if they can sue on behalf of the copyright holders of the kernel, that might be another question.
The recall was an over the air update that increased the nag frequency of the lane keeping assist. Of note other brands such as Kia have no nags or warnings while lane keeping is on but no action has been taken to initiate a recall.