They know if they tried a lawsuit they risk their entire business model of after sales updates have to change. Many countries -including the entirety of the EU- require a car to get a new type approval/certificate of conformity if you change a car significantly. When Tesla significantly changes a car (install a completely new self-driving system for example) every single Tesla is instantly uncertified and illegal on roads if Tesla were forced to follow the letter of the law. At some point Tesla will come up against this in court but so far we haven't really seen much mention of it[1]. Going to court over said firmware though and it will very likely happen or if someone gets killed because of an accident caused by something newly implemented (like FSD updates after type approval) then Tesla is on the hook for this accident. They are playing with fire and treading carefully.
> Many countries -including the entirety of the EU- require a car to get a new type approval/certificate of conformity if you change a car significantly.
Do you have more information on this? The way you describe sounds like it's targeted at aftermarket mods more than software updates.
First thought about something similar would be the 737 MAX and the MCAS fiasco. I remember the whole "new type certification" was floated as solution to something like this from happening again.
Obviously different case, but I think the same principle applies here. A software update that significantly changes the performance characteristics should be recertified and not grandfathered in.
https://www.vrt.be/vrtnws/nl/2020/11/22/onderzoekers-ku-leuv...