$TSLA made enough people rich I suppose. I saw some gains myself although not on a large scale. Still don’t like the guy but there’s the old adage “for my friends everything, for my enemies the law”.
If $TSLA plummets a crazy amount the tables may turn
> Still don’t like the guy but there’s the old adage
Interestingly, Juan Domingo Peron's version of that adage was "For our friends, everything. For our enemies, not even justice." I'm not sure which one is worse, but they are certainly both evocative.
> If $TSLA plummets a crazy amount the tables may turn
It depends. What happened here is that Holmes screwed over peers, and not just consumers. I don't think anything will happen to $TSLA's CEO unless except through malice aimed at his peers that affects their wealth.
Yeah, I hate saying stuff like "it only matters when it hits the pockets of the rich" because it's reductive and cynical, but seriously - how are the patients not better protected here? How is that not the bigger story?
It's because she didn't directly lie to any patients, she was insulated from all of that. They got her on lying to investors because those are the kind of people she was actually talking to.
I don't know this area, but I suspect the regulatory framework around this needs revision so that government could discover that kind of malice, i.e. if there were some requirement of regular reporting that would have created the paper trail.
I imagine there is something in the paperwork you sign when you pay for it that basically says roughly "this may never actually materialize" and that's the key difference.
>Marques Brownlee has a video from last year where it drove him to his studio.
I don't know where to start with this if you think that one, year-old video is somehow proof that Tesla FSD is ready for use--and, say, the recall earlier this year isn't indication that maybe it's not.
wrong. watch the latest FSD videos. FSD has proved all the detractors wrong. it drives unbelievably well. and the rate of improvement is astounding. this comment might have been valid a few years ago but not anymore.
I'm an FSD Beta user. If you stop reading at "Full Self Driving Capability", then yes, it's an issue for a potential purchaser. But if you read just a little bit more, it becomes more clear what you're buying. I don't feel "fooled" and neither do 1000s of other Beta testers with whom I regularly communicate on Discord.
Don't think this is the point. Calling something Oranges, and then saying "they're not really oranges, but an approximation, but we call them oranges bc it sounds cool" is still fraudulent in my view.
Because the more detailed description of the feature clearly explains what it does and doesn’t do. Say you sign a contract, one section is titled “Seller Assumes Liability for Injury” but then the text of that section lists some circumstances where they don’t. Totally fine and legal.
Maybe, if all that is within the four corners of the contract. I don’t think that’s what we are talking about here; our current discussion seems to involve the marketing name of a car feature (full self driving) and the technical functionality that name represents.
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.
I’m not totally defending Tesla’s mildly misleading advertising here. I’m saying it’s not fraud and not really comparable to the massive fraud committed by Holmes.
> I'm an FSD Beta user... 1000s of other Beta testers
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.
There are 400,000+ Beta users currently (US and Canada). You are being fooled by the headlines. The people in the EU have a legitimate beef (not being able to use the functionality). "test a system with our own lives" is silly hyperbole and you know it.
> "test a system with our own lives" is silly hyperbole and you know it.
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.
It's ADAS Level 2. Tesla is one of many. And are you equally concerned aboout parents who allow their 15 and 16 year olds to drive on the same streets with no-to-little training... and where the parent cannot easily grab the steering wheel or press the brake?
15 and 16 year olds, in many states, are required to drive with a fully-licensed individual until they are 18 or even older! I'm not as worried about a teenage driver, though, because they are humans and we have a lot of experience as humans on how to teach other humans to drive. Not so much with a black-box neural net AI!
Thanks. In the future, try to be charitable and assume people are telling their true feelings on HN, and not being trolls or dickheads. Most people here are pretty good about that, I find.
so when they introduced drive by wire, and just put it out there on the roads without telling anyone, that was reckless? or any of the countless other designs that have led us to the modern cars we have now? how about all the severe recalls, not over the air recalls that tesla gets press for but real safety issues? GM and the others have tons and tons of real physical safety recalls, way more than tesla, and thats not shoddy to you? thats not reckless to you? thats foolish. fsd as it is now probably drives more safely than a teenager. so do you want to take all teenagers off the road? and where is your crusade against drunk driving which kills way, way more people than fsd ever will every single year. doesnt bother you. no, your issue isnt with safety or with ethics or principles or anything like that. your issue is with elon musk. because you read brain-rot mainstream media all day who use lies and misdirection to paint elon musk and tesla as evil.
Well, drive by wire wasn't just put out there, it was tested on military jets for decades and the tech eventually got to cars. There are also testing rigs and failsafes for such designs, however Tesla is just putting a black-box AI on the roads in charge of massive vehicles.
I'm not going to engage with someone like you any longer, though, as you're being really fucking rude.
"test a system with our own lives" is actually an understatement; FSD Beta is being tested on other peoples' lives without their consent. Other drivers, pedestrians, etc.
so when you have a student driver, or a new driver, the lives of not just them but the people around them are being risked just to test a system. so we should just stop all new drivers. no more new drivers. because a new driver, especially a teenage one, is orders of magnitude more dangerous than the current fsd.
Student drivers are typically subject to significant limitations - no other kids in car, no driving past certain hours, parental supervision for a certain period of time, etc. They're not learning for a billionaire's profit, and they're fairly unlikely to get a software update that causes a whole bunch of them to make the same mistake in a short period of time.
It's ADAS Level 2. Tesla is one of many. And are you equally concerned aboout parents who allow their 15 and 16 year olds to drive on the same streets with no-to-little training... and where the parent cannot easily grab the steering wheel or press the brake?
Hey now, don't forget the lives of everyone else they are in traffic with. That increases the number of beta tested by an order of magnitude if you think about it.
This is a dumb comment. Leading with stretched claims that are then clarified in the fine print is different than outright lying. No one who did a modicum of due diligence bought a Tesla thinking they were getting a completely self-driving car that requires no human input.
There’s a reason why we have specific false and deceptive advertising laws. Most of it doesn’t rise to the level of fraud. Fraud requires a lie and reasonable/justifiable detrimental reliance on that lie.
> it baffles me that as of today I can still add a "Full Self-Driving Capability" option when ordering a Tesla
Capability, not feature. I know that isn’t how it’s marketed. But Elon isn’t claiming he has Level 5 right now. Most FSD buyers seem aware they’re paying into a research effort.
Fraud requires knowledge and intent. You’re making a good case for a class action lawsuit, i.e. civil action. Not for putting someone in jail.
> Capability implies that the car can do the thing (software included)
It’s made clear that isn’t the definition of capability they’re using [1].
I am not a fan of the Autopilot branding. But I struggle to see how someone buys FSD capability, realises their mistake on delivery and is then unable to get restitution through either a return or a resale.
> have 0% faith the current hardware will ever run a real level 5 solution
Me either! But that’s not fraud. It’s delusion. We don’t criminalise it because the difference between genius and crazy is often only apparent ex post facto.
Is the key difference that no one can prove the current hardware will be unable to reach a level 5 solution?
Taken to the (more) absurd we wouldn’t have this issue if the claim was the cars could fly, be boats, or time travel. People wouldn’t buy the “capability” either.
This is a fascinating murky area and seems there’s no market solution beyond caveat emptor
> a fascinating murky area and seems there’s no market solution beyond caveat emptor
I think so. It's interesting to discuss and think about, because the grey area is incredibly complex. (Not that we get too far into it on these kinds of forums.)
Generally, when you don't know that a product definitely can do something, you don't sell it saying that it has the "capability" to do it. That's fraud.
> 2019 Musk publicly stated Model 3's would support robotic taxi functionality in 2020
No evidence these forecasts were made in bad faith. Delusion isn’t criminal. It’s mis-selling in the here and now, in absolute terms, in a way that causes damage, that is problematic.
He made the statement it made no financial sense to buy any other car than a Tesla because of the certainty of robo taxi functionality arriving in 2020. He sold people on the promise that their car would be revenue generating in 2020.
Everyone who bought a Tesla with FSD since 2019 should sue Elon for lost revenues from failing to deliver robo taxi functionality over three years late (and counting!) than originally stated.
When you sell a capability you are making a commitment. The fact that you deluded yourself about it does not get you off the hook. You are still responsible for your claims. Or should be.
> when you sell a capability you are making a commitment
Sure. And if you sold the promise of future capability with no intent on delivering it, that's fraud. But if you try, it isn't. And if you fail, your customers should have a claim on you. But I don't think it should be a crime.
I don't think Musk deserves the benefit of the doubt. His history of just lying about this sort of stuff (outside of Tesla-related claims) is too long and rich for that.
I'm sure there is a negligence or recklessness standard that an overzealous prosecutor can apply here. Being willfully stupid about your own company and the products they produce in order to repeatedly get away with delusional over-promising could be construed that way, as could creating a culture that suppresses internal doubt about your company's capabilities.
If $TSLA plummets a crazy amount the tables may turn