If you're distracted and not actively monitoring an SAE Level 2 autonomous system then you're a hazard to yourself and others. Don't do that. You need to be ready to actively intervene with zero advance notice.
You're technically correct of course, but the fact of the matter is every driver gets distracted/tired and having the FSD safety net only makes things safer, assuming you don't go out of your way to get distracted. I've lost count of the times I looked over at a "dumb" car being driven by someone on their phone. Would you rather that person be in a Tesla using FSD or in their Subaru Crosstrek?
Unfortunately, even if we'd prefer to not accept it, we live in a world where those people exist. So I hope that they are being driven by their self-driving car when they inevitably drink and drive or fall asleep at the wheel. And to mitigate the impact of the ones driving a non-self-driving car, I'm going to use my self-driving certified-safest car to drive my family around.