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my Honda has the capability to flyNo, because there is no reasonable potential for it to generate enough thrust to be a lifting body. We understand aerodynamics enough to say that. We don’t understand self-driving cars enough to rule out the sensors on today’s Teslas being adequate, given the right software.
Saying someone is capable of climbing a mountain, conditioned on training, isn’t a lie. The caveat is important. I think Tesla has played fast and loose with its caveats in a way that produces civil liability. But it doesn’t appear to be wilfully defrauding its customers, who are more or less happy with their cars.