FSD came out in 2016, so demonstratively there are customers that bought the option without ever having seen that presentation. Even for people that bought after that presentation came out, how many have seen it? Do those necessarily mean a contractual obligation to the consumer (or is it investor facing)? Do all the other features under the option have zero value (the ones under EAP). Is there zero value to a door-to-door L2 feature (as currently FSD Beta is)? These are all points Tesla's lawyers will bring out.
Instead, the order page changes are not going to be as disputable. The ones that bought before around 2019, had it right on the order page what features would be possible (linked previously). After around 2019, order page was changed so that the last remaining feature is "Autosteer on City Streets".
It's also possible to see from Wayback Machine that in March 2019 they scrubbed all mention of the possibility of using it for car sharing or ride hailing on the AP page, as this line was removed:
"Please note also that using a self-driving Tesla for car sharing and ride hailing for friends and family is fine, but doing so for revenue purposes will only be permissible on the Tesla Network, details of which will be released next year."
Autopilot
Autopilot
And to bring it back to the point which you have distracted from, Elon is still insisting HW3 will accomplish whatever he set out previously (however you want to interpret that as), just that HW4 will be an improvement. People here are assuming they have given up completely on HW3, but they are saying they haven't.
You are again twisting things. Plenty of people don't care if Musk loses money (especially after his whole Twitter thing) or if he gets punished. That's different about caring if Tesla goes bankrupt. There's a difference between SEC/FTC issuing a fine to Elon or DOJ putting him in jail, versus for example Tesla having to refund the cost of the entire vehicle for every car that had the FSD option (or even those that didn't). Get the point now?