[tsimionescu]

> I don't think I said anything about hardware or whether FSD will ever be delivered in the lifetime of the current fleet.

You said "Yes the actual finished FSD software release does not exist and Tesla does not claim it exists." (emphasis mine).

Even if you didn't say it, the whole false advertising investigation revolves around the difference between FSD being a software or a hardware problem. Tesla marketing and Musk personally have stated clearly (at least in the past) that all cars sold with the FSD option are FSD ready on the hardware side, and that FSD will be delivered as an over-the-air software upgrade to all of them once it's ready.

If they can indeed enable (working) FSD without a hardware upgrade, then they have not lied (even if the timelines they suggested were wildly optimistic). If they in fact need hardware upgrades to support FSD on the cars sold with this option, then they have lied in their advertising, and people who bought this are entitled either to a refund or to a free upgrade when the feature is available.