That is a way of winking to buyers and saying,”pssst...it works but we just can’t legally say it works yet.”
Maybe they are to blame. But for practical reason, I don't care much. I interpret Tesla's communication as highly misleading, for the very simple reasons that it could be written in a waaaaay less misleading way, and also because there is absolutely no consensus in the field that their "hardware" will actually be capable one day to fully self drive.
Plus asking the users to distinguish between hardware and (vapor) software is disingenuous and misleading.