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Comment by yayr | Hacker News Reader

same would apply to the sale between Tesla and dealer.

of course, but the burden of proof is on the dealer

And I'm pretty sure Tesla will have lawyers who will pull their general sales conditions saying that the $8k self-driving option is a nominative, non-transferable software license and will likely win in court.

I'm not sure some EULA overpowers the law.

Also the validity of software EULA in the EU is still blurry for me (definitely not expert), to my knowledge they are not more enforceable than conditions of how you are permitted to use any object you bought. You own it, you are free to use it as you want basically (at least it was right during retail CD years). SaaS circumvent this because these are conditions to use a service.

I don't think there's just one answer to EULA validity in the EU, but rather there's a bunch of shit in EULA's that is enforceable in the US but have absolutely no basis in all/some EU countries.

For example, shrink wrap EULAs have not been considered binding here.

And any lawyer who wasn't bottom of his graduating class will say they it's a one time upgrade, tied to that VIN, in the same way that an upgraded interior or larger set of wheels is.

If this optional upgrade can be renegotiated at time of future sale, then any and all other upgrades must necessarily be renegotiable too.

I don't think Tesla wants to have to replace interiors every time someone resells a vehicle.

Except that it is a transferable software license, as Tesla owners sell their cars regularly and of course the autopilot and the self-driving option stays active. Whatever exactly went wrong in this case, this has to be a very individual thing where it is unclear whether the car ever had a valid license for the autopilot.

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