Creating Agents is a lot harder.
This Time It’s Not Different At All
Tool - Pretty much everything humanity has made to date. It does a preprogrammed thing or provides mechanical advantage. But it does not act on novel decisions it is making.
The terms come from an AI safety expert that Lex Friedman interviewed recently. [1]
Tesla FSD is almost an agent, though it asks a human to be ready to take over at any time.
Secondly, it is already established and disclosed that the driver assist cannot self-drive. This would be comparable to a Therac-25 machine being sold as being incapable of limiting radiation output, and then not limiting radiation output.
There is absolutely no other company in the world where a predictable and disclosed shortcoming of the driver assist combined with the failure of the driver to fulfill their responsibility to be in control, would be blamed on the driver assist program.
Both Musk and Tesla are far from perfect, but the lengths that people go to to attack them is obviously agenda-driven and a result of emotions.
Second, who do you think was ultimately the one at fault for the excessive radiation doses caused by the Therac-25 machines: the machine technician operating the machine or the machine manufacturer? If it isn't the technician then I don't understand your argument because you can just find/replace every instance of driver in your post with technician.
https://en.wikipedia.org/wiki/Therac-25