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Tesla Agrees To Settle Class Action Over Autopilot Billed As 'Safer' (reuters.com)

An anonymous reader quotes a report from Reuters: Tesla on Thursday reached an agreement to settle a class action lawsuit with buyers of its Model S and Model X cars who alleged that the company's assisted-driving Autopilot system was "essentially unusable and demonstrably dangerous." The lawsuit said Tesla misrepresented on its website that the cars came with capabilities designed to make highway driving "safer." The Tesla owners said they paid an extra $5,000 to have their cars equipped with the Autopilot software with additional safety features such as automated emergency braking and side collision warning. The features were "completely inoperable," according to the complaint. Under the proposed agreement, class members, who paid to get the Autopilot upgrade between 2016 and 2017, will receive between $20 and $280 in compensation. Tesla has agreed to place more than $5 million into a settlement fund, which will also cover attorney fees.

66 comments

  1. So, typical class action result by CrimsonAvenger · · Score: 3, Insightful

    If you're a member of the class, you get $20 to $280, which is supposed to recompense you for the $5K you spent for the useless software...

    The lawyers, of course, get the lion's share of the $5M....

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
    1. Re:So, typical class action result by Jeremi · · Score: 2

      If you're a member of the class, you get $20 to $280, which is supposed to recompense you for the $5K you spent for the useless software...

      You get $20 to $280 as compensation for having had to go without that useful software, right up until the time that you downloaded an over-the-air upgrade and got to start using useful software.

      Whether or not that's a fair level of compensation, I don't know, but let's not pretend that software isn't easy to upgrade, or that Tesla hasn't been putting out regular upgrades to their software, or won't continue to do so in the future.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    2. Re:So, typical class action result by Rei · · Score: 0

      And the shorts' continued recycling of old news could provide the raw materials. Literally, this settlement was first reported three and a half weeks ago and it's still making headlines. It's getting ridiculous.

      --
      Give a boy a gun and you arm him for a day. Teach him how to make a gun, and the whole metaphor breaks down.
    3. Re:So, typical class action result by Anonymous Coward · · Score: 1

      Haven’t you gotten dizzy from all that spin yet.

    4. Re:So, typical class action result by greenwow · · Score: 1

      In this case, it's even worse since the victims paid $5k extra for this feature.

    5. Re:So, typical class action result by Rei · · Score: 1

      What about pointing out that this news is 3 1/2 weeks old and still making headlines is "spin"?

      Are you defending that 3 1/2 week old news with nothing having changed since then should still make headlines, because Tesla?

      --
      Give a boy a gun and you arm him for a day. Teach him how to make a gun, and the whole metaphor breaks down.
    6. Re:So, typical class action result by SlaveToTheGrind · · Score: 3, Insightful

      Literally, this settlement was first reported three and a half weeks ago [electrek.co] and it's still making headlines. It's getting ridiculous.

      Read your electrek.co article carefully and deliberately. It was based on what they claimed to be a leaked copy of the proposed settlement agreement -- i.e., rumors and innuendo. Today's Reuters article was based on the proposed agreement actually filed with the court -- i.e., what's actually going forward.

      Maybe try to back off the conspiracy theories just a touch and leave some room in your mind for critical thinking.

    7. Re:So, typical class action result by Anonymous Coward · · Score: 0

      The spin is saying $280 is adequate compensation when a company stole $5000 from you based on a lie.

    8. Re:So, typical class action result by Rei · · Score: 1

      Welcome to the internet, where people just pick a random post to write whatever the heck it is that they want, rather than responding to what's actually written in that post.

      It looks like you're trying to reply to Jeremi, but instead decided, "Meh, one person's as good as another". My posts were about the fact that they're still pretending that this is "news" after 3 1/2 weeks, because Tesla.

      --
      Give a boy a gun and you arm him for a day. Teach him how to make a gun, and the whole metaphor breaks down.
    9. Re:So, typical class action result by Anonymous Coward · · Score: 0

      You get $20 to $280 as compensation for having had to go without that useful software, right up until the time that you downloaded an over-the-air upgrade and got to start using useful software.

      Try and keep up retard.

    10. Re:So, typical class action result by Rei · · Score: 0

      It was neither "leaked" nor "rumours and innuendo". It was, and I quote, "the settlement agreement that was sent to class representatives, who will now submit their thoughts on the agreement to the court, which will decide whether or not to approve the proposal ... The agreement still needs to be approved by the court, but if it is approved as is, the payments will be issued based on when the owners bought or leased their vehicles"

      The court approved what we've known for weeks that both sides had already agreed to. Front page news! Hire a skywriter! Pay a bunch of Victorian-era urchins to run around in the streets shouting "Extra! Extra! Read all about it!"

      --
      Give a boy a gun and you arm him for a day. Teach him how to make a gun, and the whole metaphor breaks down.
    11. Re:So, typical class action result by SlaveToTheGrind · · Score: 3, Funny

      It was neither "leaked" nor "rumours and innuendo". It was, and I quote, "the settlement agreement that was sent to class representatives

      Actually, all we know is what electrek.co claimed it to be. And assuming that's actually what it was, I think we can agree electrek.co wasn't a class representative and therefore would not have legitimately received a copy. Thus, somebody leaked it to them.

      Front page news! Hire a skywriter! Pay a bunch of Victorian-era urchins to run around in the streets shouting "Extra! Extra! Read all about it!"

      Maybe you should follow Doug Field's lead and take some time off to recharge. Constantly carrying all this water for Elon seems to be wearing on you.

    12. Re:So, typical class action result by thegarbz · · Score: 1

      which is supposed to recompense you for the $5K you spent for the useless software...

      No it's supposed to compensate you for your useless lawsuit so people can go back to focusing on what they are doing rather than wasting time in the courts. The $5k software is real and a death or two doesn't change the fact that the software actually works just fine for many Tesla owners. Hell a simple youtube search will prove that.

    13. Re:So, typical class action result by Anonymous Coward · · Score: 0

      You get $20 to $280 as compensation for having had to go without that useful software, right up until the time that you downloaded an over-the-air upgrade and got to start using useful software.

      There is no guarantee that the software will ever be useful. You paid $5000 to be an beta tester.

    14. Re:So, typical class action result by Anonymous Coward · · Score: 0

      "Leave Tesla alone!"

      At least you are predictable.

    15. Re:So, typical class action result by drinkypoo · · Score: 1

      Whether or not that's a fair level of compensation, I don't know, but let's not pretend that software isn't easy to upgrade, or that Tesla hasn't been putting out regular upgrades to their software, or won't continue to do so in the future.

      You're assuming that these updates will eventually rectify the situation, which is not a safe assumption. Many believe that Tesla does not have enough hardware on the vehicle to do this job correctly, and that it will require not just new software, but new hardware as well.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    16. Re: So, typical class action result by Anonymous Coward · · Score: 0

      Actually, they took a small fraction of the $5000, because every single owner has received a software update that has fixed it. So the question is what fraction they are owed in recompense.

      Try to know what the hell you are talking about before talking some time.

    17. Re: So, typical class action result by Anonymous Coward · · Score: 0

      When do they add the software update that doesn’t ram into the back of a stop fire truck? When do they add the software update that doesn’t drive straight into a concrete barrier? When do they get the software update that adds all the missing hardware they will need to get full self driving?

  2. For the math impaired by Kjella · · Score: 0

    The Tesla owners said they paid an extra $5,000 (...) will receive between $20 and $280 in compensation.

    So between 0.4% and 5.6% of what they paid, if Tesla gets to keep 95% they're probably happy. The lawyers are happy because they "won" and get paid. But for any of the people in the class this is a joke, either they have a case and should get much more or they have no case and should get nothing. This is just lawyer busywork...

    --
    Live today, because you never know what tomorrow brings
    1. Re: For the math impaired by roland.c.harrison · · Score: 3, Insightful

      Except that the features were enabled shortly after so the $280 is to compensate them for not having access to them for a short period of time.

    2. Re: For the math impaired by AmiMoJo · · Score: 1

      Which is very bad news for Tesla because they have been selling full self driving capability since 2016. Musk is saying 2020, but then there are regulatory changes needed too.

      So by the time people actually get this feature their leases may have finished or they only get a few months use.

      Plus it looks like Tesla might have to roll back on some of the promised features anyway.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:For the math impaired by thegarbz · · Score: 1

      But for any of the people in the class this is a joke

      For any of the people in the class this likely represents an epic win given their very likely piss poor chance of winning.

    4. Re: For the math impaired by OneSmartFellow · · Score: 1

      If they told the whole story (all the facts), there would be no point in the article.

      Agreed, the fact that Tesla lost a class action suit is newsworthy, but, not many people would be interested in it unless it looks like Tesla did something horribly wrong (it's not clear to me how 'wrong' it is to sell a product that has incomplete functionality, then upgrade it later, as long as the purchaser is made aware of that)

      Indeed:
      This is not the Tesla FUD you are looking for, move along.

    5. Re: For the math impaired by Anonymous Coward · · Score: 0

      [Citation needed]

    6. Re: For the math impaired by Anonymous Coward · · Score: 0

      [Citation needed]

      LIDAR

  3. tesla win's in the end... by arbiter1 · · Score: 1, Redundant

    "The Tesla owners said they paid an extra $5,000 to have their cars equipped" "who paid to get the Autopilot upgrade between 2016 and 2017, will receive between $20 and $280 in compensation." Unless I misread something in that Tesla is on the winning end by 4720-4980$ per car it was installed on. Least in this summary people are getting a tiny amount back, .4% to hair over 5% of their money back for a defective system.

  4. The mesmerizing word "Autopilot" by AlanObject · · Score: 3, Insightful

    I don't wanna get into the business of defending Tesla. Probably they did overhype their technology but I have a peeve with one avenue of criticism.

    That is Tesla shouldn't have called it "Autopilot" because it leads buyers to believe that they are buying a self-driving car.

    If you buy an airplane these days chances it has an "Autopilot" as well. Any half-trained pilot knows:

    1. Autopilots come with different levels of capability.

    2. No current commercial autopilot will keep you from flying the plane into the ground. (Fighter jets have this.)

    3. No current autopilot will help you if you run out of fuel. If you think it does you will probably die.

    4. The autopilot will fly the plane into weather conditions beyond its capability and everybody aboard will die.

    5. The autopilot will be perfectly happy flying you into another plane. When this happens you will die and take the other plane with you.

    Yet in spite of all these deficiencies they still call it "Autopilot" and have for 50 years or more and I never heard of a class action suit screaming about misleading advertising. Why? Because pilots (and certainly their instructors) pay attention to the product specifications and assign responsibility to the pilot accordingly. They practice using it and don't just expect to punch a button and have everything taken care of.

    I suppose this is too much for the flaccid minds of the American consumer to absorb. So we get lawsuits. Well if the product was actually defective then OK or if Telsa lied about what it could do (beyond calling it "Autopilot") then OK but if it just turns out that the purchasers had unrealistic expectations then I hope it gets thrown out of court.

    1. Re:The mesmerizing word "Autopilot" by SlaveToTheGrind · · Score: 3

      So your argument in a nutshell:

      1. Pilots are highly trained.
      Agree.

      2. Because pilots are highly trained, they understand what an "autopilot" will and will not do for them.
      Generally agree, though there are of course exceptions.

      3. American drivers are not highly trained, and therefore don't generally understand what an "autopilot" will or will not do for them.
      Agree.

      4. Thus, there's no harm in a car manufacturer naming a highly limited driver assistance system "autopilot," and any overestimation of its capabilities by drivers based on that name is their own damn fault.
      Huh, what?

    2. Re:The mesmerizing word "Autopilot" by rmdingler · · Score: 1

      So your argument in a nutshell:

      1. Pilots are highly trained. Agree.

      2. Because pilots are highly trained, they understand what an "autopilot" will and will not do for them. Generally agree, though there are of course exceptions.

      3. American drivers are not highly trained, and therefore don't generally understand what an "autopilot" will or will not do for them. Agree.

      4. Thus, there's no harm in a car manufacturer naming a highly limited driver assistance system "autopilot," and any overestimation of its capabilities by drivers based on that name is their own damn fault. Huh, what?

      Or, it's clear to most thinking mammals, and I'm including whales, dolphins, and at least one spider that new tech autopilot isn't yet the you don't have to pay attention driving mode.

      Maybe the Tesla autopilot feature is just designed to cull out some of the stupid money.

      It can't have escaped your home page that really dumb people can inexplicably have lots of money. It's bad enough that the rich intelligent people get to make policy for the rest of us. It's downright intolerable when the wealthy with IQ's south of room temperature get to do so.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    3. Re:The mesmerizing word "Autopilot" by SlaveToTheGrind · · Score: 1

      Maybe the Tesla autopilot feature is just designed to cull out some of the stupid money.

      It can't have escaped your home page that really dumb people can inexplicably have lots of money.

      Ah, so if a reckless feature naming choice results in the death/serious bodily harm of people you don't like,* it's fine. Got it.

      * Temporarily ignoring the other people involved in the accidents, who likely aren't members of the group you dislike.

    4. Re:The mesmerizing word "Autopilot" by rmdingler · · Score: 1

      Like. Dislike. Terms of endearment, or the lack thereof.

      It's probably fair to say a largish percentage of we root, at least secretly, for our likes to succeed and our dislikes to fail epically.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    5. Re:The mesmerizing word "Autopilot" by uncqual · · Score: 3, Insightful

      You are missing the key point of "autopilot" and the reason it's on boats and planes.

      In the case of boats and planes, autopilots, regardless of how "sophisticated" they are, share one attribute -- they allow you to safely take your hands off the controls for significant periods of time (tens of seconds at least) and divert much/most of your attention to other matters (like looking at a chart). This will be preceded by the pilot making some sort of scan of the environment for hazards both fixed and mobile (in particular other boats and planes) by visual identification, radar, charts, etc and/or knowing that rules of the "road" (ATC imposed for planes) will insure a clear route.

      Tesla autopilot fails to deliver on this expectation in two ways. First, the environment it is in coupled with its limited capabilities make it impossible to scan the environment in advance for hazards that will be encountered and that Teslapilot can't deal with (which, itself, appears quite difficult to predict). Second, it tends to run into stationary objects (fire engines, fire department maintenance trucks) and even, it appears, sometimes steers the car into them (gore points). If "autopilot" doesn't let you divert any attention from the road and, actually, makes you pay extra attention in case the car decides to steer into a fixed object, it simply is NOT "autopilot" as the typical consumer would expect it to be.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    6. Re:The mesmerizing word "Autopilot" by uncqual · · Score: 1

      Fortunately, Tesla's autocrash feature seems to have an attraction to large solid objects so others don't seem to be at much risk. Now, if in a future revision, it starts hunting Smart cars or MINI's as well, then "innocents" might suffer more injuries.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    7. Re: The mesmerizing word "Autopilot" by c6gunner · · Score: 1

      Ah, so if a reckless feature naming choice results in the death/serious bodily harm of people you don't like,* it's fine. Got it.

      Yes, I am perfectly fine with this. Like if some dumbass reads "seat belt" and puts it around the seat rather than around himself, I'm perfectly fine with whatever happens to him.

    8. Re:The mesmerizing word "Autopilot" by hibiki_r · · Score: 3, Insightful

      Forget about the word: A plane's autopilot augments the pilot's capabilities, and there are very clear delineations in when the pilot can safely pay a whole lot less attention, the places where the autopilot is useless, and the places where it's better to let the autopilot do the actual inputs because they are closer to correct than what the pilot will do. There are no 5 second windows from 'not really having to pay attention' to 'death for you and your occupants'.

      We also have traditional driver augmentation tech in cars: ABS, automatic emergency braking, basic cruise control, sensors that beep when you are doing something terrible: Neither of those things make paying attention for even an instant safer, but many help in emergency situations.

      Look at, instead, Tesla's Autopilot. it does a lot for you in some situations: so much that paying attention while it's doing its thing is difficult: It doesn't really want any input from the driver when things are going well. But things go from going well to catastrophically bad very quickly, and the warnings have proven to come way too late, and that's if they come. It's just not good enough to let to its own devices most of the time, and yet, it will make it harder for the driver to keep attention on the road, as it takes all the mandatory engagement away: It makes zoning out easier, and thus making able drivers worse!

      Forget about that flaccid mind rhetoric of yours: It's the equivalent of broken UX, or bad industrial design. Yes, the consumer can make better choices... like never turning the thing on at all, as it's an anti-safety feature. Elon should be ashamed that he is selling it in this state: Self driving cars are the future, but Autopilot is crap. Technologically weaker, yet better thought driver augmentation systems from traditional manufacturers are safer overall.

    9. Re:The mesmerizing word "Autopilot" by drinkypoo · · Score: 1

      If "autopilot" doesn't let you divert any attention from the road and, actually, makes you pay extra attention in case the car decides to steer into a fixed object, it simply is NOT "autopilot" as the typical consumer would expect it to be.

      By this logic, level 3 automation should not exist at all, and should be illegal for everyone. If that's where you're going with this, and not just "tesla is wrong" then I'm with you.

      It still, however, has absolutely nothing to do with the name. We know this is true because to get autopilot turned on, you have to get a safety lecture and agree that you understood it. Drivers have absolutely been made aware of their responsibilities before they can even turn autopilot on. Anyone claiming otherwise is a liar, and if they are attempting to get paid on that basis then they are a fraud as well and should be clapped in the slammer as a service to society.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    10. Re:The mesmerizing word "Autopilot" by drinkypoo · · Score: 1

      3. American drivers are not highly trained, and therefore don't generally understand what an "autopilot" will or will not do for them.
      Agree.

      Including most slashdotters.

      4. Thus, there's no harm in a car manufacturer naming a highly limited driver assistance system "autopilot," and any overestimation of its capabilities by drivers based on that name is their own damn fault.

      Huh, what?

      No, not thus. Simply, there is no harm in a car manufacturer naming their driver assistance system autopilot if they give a mandatory safety lecture to the owner before enabling the feature, which in fact they do and always have done. Ignorance is no excuse, because the buyers are relieved of their ignorance before using the feature. That is why it's their own damned fault; they have to acknowledge that the system will not drive for them and that they are responsible for keeping their hands on the wheel and paying attention.

      Further, it's clear that this is actually working for the vast majority of drivers, since many miles covered by Teslas are done using autopilot (Tesla claims it's the majority) and most Teslas haven't crashed yet.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    11. Re:The mesmerizing word "Autopilot" by SlaveToTheGrind · · Score: 1

      Simply, there is no harm in a car manufacturer naming their driver assistance system autopilot if they give a mandatory safety lecture to the owner before enabling the feature, which in fact they do and always have done. Ignorance is no excuse, because the buyers are relieved of their ignorance before using the feature.

      Unless you're going to tell me that prior to a sale Tesla sits down with the owner and extensively talks them through it, makes them watch a safety video, and then take a test, or something like that, I expect your "mandatory safety lecture" is just another annoying, wordy pop-up to click through to get to the functionality you want. That gives the lawyers something to argue about, but at the end of the day is no substitute for actual training as exists on the aviation side.

      And the silly thing about this is that the only reason we're arguing about things like damage control pop-ups is Elon Musk's ego. The bottom line is that a name like "autopilot" inherently sets expectations in the mind of an average person that a name like "driver assistance" does not, and if Elon and the rest of the apologists would step back and take an objective look at it instead of circling the wagons, they would have little choice but to agree.

    12. Re:The mesmerizing word "Autopilot" by drinkypoo · · Score: 1

      Unless you're going to tell me that prior to a sale Tesla sits down with the owner and extensively talks them through it, makes them watch a safety video, and then take a test, or something like that,

      As far as I know, they get a warning and have to sign an agreement that they understand they're driving and have to keep their hands on the wheel. I don't see why that's not a perfectly acceptable standard. You can buy bleach and ammonia at the same time without even a lecture. Making drivers take a test won't make people who don't care enough about their lives and those of others respect their responsibilities.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:The mesmerizing word "Autopilot" by uncqual · · Score: 1

      Level 3 automation in its pure form is probably dead. Some established car companies (Ford I believe is one) has said they will not sell level 3 cars and will jump right to level 4 -- for exactly the reason that level 3 is inherently unsafe.

      Suppose you manufacture shoddy automotive jackstands and put warning labels on them saying "Do not use in any situation where failure of jackstand would cause human injury" and a purchaser is fixing their brakes and is injured or killed due to your jackstand failing in ordinary use within its rated load capacity. Your warning is not likely to protect you from liability -- because simply by selling an automotive jackstand, it's understood by most people to have certain attributes -- including being able to safely get close to a car that is being held up by them -- that's why people buy them. This is similar to the concept of "implied warranty of merchantability" in the warranty world -- all products must be fit for their ordinary purpose.

      The term "autopilot" is implying something Tesla is not selling and that is a big part of the problem here -- ordinary consumers, in spite of what appear to be CYA warnings (which cover everything under the sun) who have paid for "autopilot" reasonably expect it to be perform similarly to an "autopilot".

      Worse, selling a product that you can easily make much safer with a software update and you fail to do can expose you to liability in spite of warnings. The fact that in the recent "smash into back of fire department maintenance truck" case, Tesla says "the driver had her hands off the wheel for 80 seconds before the crash" and that we now know that the "autopilot" actually increased speed while the software knew the driver was not using the "autopilot" in a safe way shows negligent autopilot design on the part of Tesla.

      Tesla could easily make the "hands off wheel" warnings so annoying that they are virtually impossible to ignore and if the driver does so, after a few seconds, reduce speed slowly (perhaps turning on the brake lights to warn other cars) and notify the driver they must take control. Once the car has invoked the "I give up because you're not following the rules" mode the second time, autopilot should be disabled either for an extended time (weeks) and/or until the owner has gone to Tesla and gotten the necessary refresher course and signed off again on the restrictions. As well (and I don't know if it is) the feature should be protected so that only authorized drivers who have had the training can use it (perhaps by having userids and some sort of user verification) - and authorized autopilot drivers agree not to enable the feature for any other person (shifting liability to the person who does so by giving out their id/verification code or by using their biometric verification when someone else is driving the vehicle).

      I tend to side with the manufacturer on many safety issues "caused" by misuse of a product. But, on this one, I can't bring myself to do so as the feature is so dangerous due to negligent design without reasonable safety checks and is named in a way that misleads consumers.

      (Luckily for Tesla, I would probably be dismissed "for cause" from any jury that would be hearing such a case!).

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    14. Re:The mesmerizing word "Autopilot" by drinkypoo · · Score: 1

      The term "autopilot" is implying something Tesla is not selling and that is a big part of the problem here -- ordinary consumers, in spite of what appear to be CYA warnings (which cover everything under the sun) who have paid for "autopilot" reasonably expect it to be perform similarly to an "autopilot".

      Not this again. It performs exactly like an autopilot. If you ignore it, it will crash your vehicle and perhaps kill you, and the pilot is required to keep hands on controls. If Tesla had called it "copilot" then you would have a point, but they didn't and so you don't. If I were in charge of marketing at Tesla, which I will carefully point out that I am not, I would call the fully self-driving version of the software Copilot just to make the distinction. A copilot flies for you; an autopilot only helps you fly. It's true that aircraft autopilots actually do perform some maneuvers in a completely automated fashion, like landing; and indeed, the Tesla can perform the equivalent maneuver (parking) fully automated. So once again (I only wish it would be for the last time) Tesla's autopilot is exactly like an aircraft autopilot. I presume that most people will think of the aircraft kind if they think of autopilot, and not the nautical kind, but the nautical kind is even dumber and you are even dumber than that if you don't have someone on watch while using it.

      Tesla could easily make the "hands off wheel" warnings so annoying that they are virtually impossible to ignore and if the driver does so, after a few seconds, reduce speed slowly (perhaps turning on the brake lights to warn other cars) and notify the driver they must take control.

      This is what they are doing now. The warnings have been made more annoying. However, a warning shouldn't have to be annoying before the responsibility is on the driver. If they're not capable of simple reasoning and logic, or of following instructions, then the system that's permitting them to drive is broken. You wouldn't let someone drive if they weren't capable of reacting to a sign that says "road work ahead", nor if they were unwilling to do so. You shouldn't let someone drive if they ignore a warning from their vehicle, either.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:The mesmerizing word "Autopilot" by uncqual · · Score: 1

      And you are missing the point of autopilots -- they LET you safely virtually ignore your course of travel for significant periods of time - at least tens of seconds. In fact, that's pretty much their reason for existing. That basic core function of autopilots is NOT safe with Tesla's so called "autopilot" so it's dishonest and dangerously misleading to call it "autopilot".

      The difference here is the environment. In the case of open air or open water there are large distances between the thing under control of autopilot and fixed and moving things around it. That, of course, is not true when autos are driving on roads - autos in such environments are rarely more than a few seconds from a dangerous encounter with fixed or moving objects. This is especially true given that Tesla's autopilot seems to have a hard time figuring out where the road is and where a concrete wall is and is happy to unexpectedly steer the car into a solid object requiring the driver to respond to a bizarre and unexpected autonomous behavior that drivers of ordinary cars don't have to deal with. Blaming this product defect on the driver and Caltrans rather than accepting responsibility is right in line with the Musk playbook -- right up there with refusing to answer legitimate questions from analysts "because they are boring". Musk is seeming more and more unhinged -- the pressure and the realization that his baby is in dire trouble is probably getting to him.

      I assume, from your arguments, that you would be okay with Tesla having named the feature "Hands Off Self Driving" -- and then warned drivers not to take their hands off the wheel or rely on the feature for much of anything. After all, the name just doesn't matter.

      It's good that Tesla is finally trying to improve the safety of their bad design. It is unfortunate that they are so inexperienced and shallow in talent that this situation ever happened. They need better engineers and management and probably need to hire more human behavior experts (who have known for a very long time that things like level 3 automation where an operator must continuously monitor to detect the need to take over and do so almost instantly are dangerous due to how the human mind works).

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    16. Re:The mesmerizing word "Autopilot" by drinkypoo · · Score: 1

      I assume, from your arguments, that you would be okay with Tesla having named the feature "Hands Off Self Driving" -- and then warned drivers not to take their hands off the wheel or rely on the feature for much of anything. After all, the name just doesn't matter.

      That's because you're being deliberately disingenuous. I spent a fair number of words going over precisely why the name does matter.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  5. $5 million to settle a class action? by Anonymous Coward · · Score: 1

    This can't be read as anything other than a massive victory for Tesla. Even with a relatively small class, that's an incredibly cheap settlement, and the lawyers' share likely doesn't even come close to covering the investment they made in the case.

    Most firms would laugh at a proposed class action suit against such a high profile and deep pocketed target if they thought $5M was the best settlement they could get.

    1. Re:$5 million to settle a class action? by Rei · · Score: 0

      It seems pretty clear (at least to me) that they felt that odds were poor that they'd win, and this was the best they were going to get.

      --
      Give a boy a gun and you arm him for a day. Teach him how to make a gun, and the whole metaphor breaks down.
    2. Re:$5 million to settle a class action? by uncqual · · Score: 1

      The plaintiffs lawyers were probably acutely aware that if they didn't settle, the case might not have even gone to trial until after Tesla is bankrupt. Better $5M today than $0 later after having spent yet more money on the case.

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      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    3. Re: $5 million to settle a class action? by Bing+Tsher+E · · Score: 2

      When Teslis bankrupt in six months, yes, the 'odds' of getting anything will be reduced.

    4. Re: $5 million to settle a class action? by uncqual · · Score: 1

      Yes, someone would buy the scraps of Tesla in bankruptcy, but that's what usually happens in bankruptcy.

      "Deep pocketed buyers" are "deep pocketed" because they don't lose money, they make it. They don't buy entities that are hemorrhaging unless they think they can turn around the company, not just because the tech is "cool". Tesla can only run in the red for so long, and soon there will be a lot of electric cars to choose from that have established dealer networks, parts supply chains, service networks, and massive manufacturing capabilities and expertise. Tesla will have to compete on price in the midrange market and that's a tough business for a newcomer.

      If Tesla goes down the path I think is most likely, I don't expect the Tesla brand to be worth much and doubt that an established player would acquire the brand and continue to produce cars under that badge. Obviously Musk would no longer be associated with the Tesla name at that point and people are buying Musk's image, not Tesla's when they opt to buy a Tesla vehicle.

      This is not the Apple model where there are a lot of fanboys who can afford to overpay, thereby yielding enormous profit margins to Apple, for their phones because they buying them as a fashion statement. There are a limited number of Tesla fanboys who can afford the large upfront premium Tesla hopes to get -- probably not enough to actually sell enough of overpriced Model 3s.

      Customer satisfaction numbers don't mean all that much in this case. People who have paid for the "cool new thing" tend to be happy and overlook problems of all types -- it's rather like people whose babies are objectively simply ugly rarely recognize that fact and think their baby is the cutest baby they have ever seen. It's confirmation bias hard at work. Unfortunately for Tesla, they need to rely on an expanding their base to people who just want reliable, energy efficient, cost effective to and from work and, when they discover the high insurance costs for Teslas won't just overlook that or when they discover that service is very expensive because there independent mechanics are not nearly as available (in part because Tesla clamps down on the supply of parts and makes it hard for third parties to get some parts).

      I hope that Tesla succeeds, I just think its quite likely they won't do so in the passenger car market. They may have a shot at an important, but limited, market in trucks or something else, but since that enterprise would have all the debt that Tesla has, that probably won't work out except by a chapter 11 bankruptcy where creditors get a buzzcut - and Musk certainly would almost certainly not have control of the resulting company.

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      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  6. Failure by fluffernutter · · Score: 0

    This can't be read as anything but a massive failure for Tesla. Doesn't matter what the settlement was, finally they admit that their solution is not only dangerous at best, but also deliberately misleading people into buying an expensive car.

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    1. Re:Failure by thegarbz · · Score: 1

      finally they admit that their solution is not only dangerous

      You clearly don't know how settlements work. In many cases settlements are just done so as to not draw out lengthy legal battles with no admission of guilt.

      Hell the payments in this case aren't even related to safety in any way shape or form: "The proposed settlement does not mention the safety allegations but focuses on the delay in making the promised features available to consumers." But yeah reading TFA is too hard for an anti-Tesla troll.

  7. Re:Russians behind it by BeauHD++(.)+(349) · · Score: 0

    hahahha, this is something I would say.

    -=BeauHD=-

  8. Class Actions Generally by SeattleLawGuy · · Score: 1

    The Tesla owners said they paid an extra $5,000 (...) will receive between $20 and $280 in compensation.

    So between 0.4% and 5.6% of what they paid, if Tesla gets to keep 95% they're probably happy. The lawyers are happy because they "won" and get paid. But for any of the people in the class this is a joke, either they have a case and should get much more or they have no case and should get nothing. This is just lawyer busywork...

    Maybe and maybe not. Numbers lie all the time, and people have different valuations for things based in part on their point of view. You need to look into the details of a case much more to really figure out what's going on; we can just make guesses at this level of generality. It's like asking the court of public opinion to decide whether a murder defendant we hear about in the news is guilty.

    Class actions used to be really bad about the kind of thing you're talking about, but things have gotten a little better because it's such a well-known problem, so there has been some reform.

    Background on class actions generally: Class actions exist as to hold companies accountable for widespread bad behavior that causes only a little bit of harm to a lot of people. None of those people would sue without the class action and the company would otherwise have less *incentive* to prevent or fix similar bad behavior. So sometimes class actions are bad (when the company is hurt by the bad action anyway AND the rest of the industry would be hurt if they did the same thing AND the victims do not get anything meaningful) and sometimes they are good (when the company or industry would never reform a bad act without the worry about getting sued OR the victims get some meaningful recompense).

    --
    Real lawyers write in C++
  9. Re:Failure to read.. by MDMurphy · · Score: 1

    The above comment can't be read as anything but a failure to read the linked article.

    "The proposed settlement does not mention the safety allegations but focuses on the delay in making the promised features available to consumers."

    The "completely inoperable" part of the claim appears then to refer to the system's status between the time of delivery of the vehicle and the time of the OTA update.

    The article, and presumably the settlement, make no comment on the safety or efficacy of the autopilot or automatic braking systems. Nor does it mention Tesla admitting to delivering anything dangerous.

  10. Re:Failure to read.. by fluffernutter · · Score: 1

    Booooo!

    --
    Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  11. Safer than by Anonymous Coward · · Score: 0

    a poke in the eye.

  12. Brilliant by goose-incarnated · · Score: 0

    Pay $5000 for it and get back $20 when it isn't delivered. We called it correctly when we called it vaporware. I can't wait to see what Rei has to say about this.

    --
    I'm a minority race. Save your vitriol for white people.
    1. Re: Brilliant by Anonymous Coward · · Score: 0

      Spoiler alert: he will call you an idiot that doesn't read the summary, much less the article. This settlement is about the delay between vehicle delivery and the autopilot software update that was already delivered.

      AKA every one of them has the software right now, and is probably using it daily. The only vapor here is the smoke you are trying to blow up everyone's ass.

  13. Seems fair - NOT! by kenh · · Score: 1

    The Tesla owners said they paid an extra $5,000 to have their cars equipped with the Autopilot software with additional safety features such as automated emergency braking and side collision warning. The features were "completely inoperable," according to the complaint. Under the proposed agreement, class members, who paid to get the Autopilot upgrade between 2016 and 2017, will receive between $20 and $280 in compensation. Tesla has agreed to place more than $5 million into a settlement fund, which will also cover attorney fees.

    $20-280 for a "completely inoperable" $5,000 set of upgrades?

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    Ken
  14. Crappy AP by rojash · · Score: 1

    I had posted a while back on how crappy their AP was, constantly sending me over double solid yellow lines I am glad I withdrew my reservation for one and sold off their stocks. Seems like they are 'boring' themselves deeper underground.

  15. A Souvineer Ball-point Pen by Bing+Tsher+E · · Score: 1

    Tesla should give them eacvh $37.50 and a souvineer Tesla Autopilot Ball-point Pen. Seems only fair that they should get something "special" for their five thousand dollars.