Did they?
AFAIK they said exactly the opposite on the legal form they filed with CA DMV, where they specifically called out the demo was level 3.
I couldn't if they had actually made such a claim- but they did not.
On Autonomy Day, yes, they said it was L3. But in the 2016 demo, they implied L4. They said "the driver is
only there for legal reasons". The word "only" there means that there are no other reasons for why there would be a driver. In other words, you are saying that if there were no legal reasons, that you would be able to remove the driver. You are implying that from just a self-driving point of view, the car does not need a driver, hence L4.
I guess we are quibbling over the language. Maybe legally it was not L4 since there was a driver in the seat. But saying that legal reasons were the only reasons implies that if you remove the "legal reasons" that the car could be driverless (L4). So it was implying L4 capability. Again, I am only talking about the 2016 demo here. The Autonomy Day demo was L3.
They said the driver was there for legal reasons.
No. they said that the driver was
only there for legal reasons. Not quite the same. "only" adds a meaning that there were no other reasons for having a driver. In other words, if you remove the legal reasons, then they could have removed the driver because there were no technical reasons for having driver.
Plus- as I said- on the actual legal report to CA DMV it was explicated stated the demo was L3, not L4.
I am not talking about the Autonomy Day demo. Yes, Tesla reported that drive as being L3 to the CA DMV. I am talking about the 2016 demo where it says "the driver is only here for legal reasons." That drive was implied to be L4 IMO because the language used.