An interesting opportunity arises this week for anyone wanting to go after Tesla if your car does not have the hardware needed.
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One will note that since 2016, Tesla has said this:
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Elon unequivocally states that ALL cars in the USA that are capable are getting it. So if you didn't get it, you car is not capable. This blows a hole in any previous discussions where people argue that just because a car hasn't gotten it yet doesn't mean it isn't capable and maybe will get it in the future. Or that you had to actually BUY FSD to be guaranteed a capable car. So if you don't get it, you can conclude you were sold a car without FSD capability, despite being told the opposite when sold the car.
You can probably even use this to argue for MCU1 to MCU2 if MCU1 is the reason you are told you aren't getting the trial. Anyone that doesn't get the Trial should file a support ticket and ask why, and then if told it's because they don't have the hardware, go to court with that.
(And sure, if you have an AP1 car, you were never told that. But anything after October 2016 said it had the HW)