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by toomuchtodo 2523 days ago
As I have to say far too often to people:

"What does your contract [or in this case, purchase agreement] say?" If it is silent on the subject of updates, how would a court interpret the argument that you are entitled to free software updates? For how long?

The battery and powertrain warranty is specific. The remaining component warranty is specific. The amount of time you receive premium data for is specific. There is no language to my knowledge (I would have to pull the purchase agreement for my Model S out) that speaks to a purchaser's entitlement to software updates when purchasing any model of Tesla.
1 comments
jedberg 2523 days ago
The lack of specific language in the contract means that it is open to interpretation. And the most reasonable interpretation is that you are entitled to all updates because that is what is in their marketing.
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toomuchtodo 2523 days ago
Agree to disagree that is a reasonable interpretation.
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FireBeyond 2523 days ago
Then you'd have a case for deceptive marketing, perhaps, if your "reasonable interpretation" is that advertising "full self driving will be available with this hardware subject to regulation" but your literal interpretation of the caveat is "but not to you, ever".
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jjeaff 2523 days ago
Whether their marketing language is included in the actual contract is irrelevant. If sales people and Tesla sell cars based on the idea that a Tesla is better because you get software updates and added functionality down the road (which they do), courts would most definitely side with the consumer.

Not to mention the fact that courts also tend to side with consumers when it comes to "implied contracts". If every car sold has and still does get updates on a regular basis, Tesla can't just not give the same to some customers.

Now, there may well be a provision allowing in the contract staying they have a right to deny updates if you try to reverse engineer things, but otherwise, they would need to go through the courts to go after someone for breach of contract. You don't get to take the law into your own hands when you suspect someone of wronging you.

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