The thing is, from a technical point of view:
The user has paid for and bought.
- a car (with an electric drive, and it's battery)
- an expensive webcam (also, accompanied by some computation accelerating hardware that could run neural-nets/deep learning, if needed).
And the user has provably received the agreed goods.
(Easy to check, the front facing camera is clearly visible from the outside).
At some point in a putative future, Tesla might manage to write a pieces of software that could eventually make the cars 100% fully autonomous self-driving
(i.e.: Google-car style) and not only some advanced form of collision avoidance (what the current Tesla Autopilot is. Basically what Volvo, BMV, and the like have been providing for a decade, only a tiny bit more advanced. Basically, the same stuff as boat's or an airplane's autopilot - it takes over some of the more menial tasks of driving, but still require a human captain's supervision)..
They are now announcing that this future putative software that does not exist yet, can not by used to earn money.
From the current point of view : nothing could be done, because this thing doesn't exist yet.
So no legal argument at all.
It's basically as if I put a sign in my backyard saying that if one day, some extra-terrestials start to make contact, I will only allow *blue-colored* filying saucers to land here.
In the future: well *when* this putative piece of software starts to exist, then we will be able to start talking about it.
- maybe it will be considered as a software upgrade to which paying users should be entitled, because Tesla can't put legally enfocreable arbitrary limitation in their EUL (they probably just can't be held liable for any damage done in a commercial situation).
- maybe by then the law will have evolved and adapted enough, and people using 100% autonomous self-driving in a commercial manner will be legally required to take a special insurance that will cover any subsequent liability (that's probably going to be the case in some european jurisdiction).
- maybe by then, Uber will have *their own* neural net, and will require you to install *their* package and run *their* net when ubering an autonomous car, in order to keep the liability under control - e.g.: because they have correctly insured their neural net against commercial damage. (Given their tendency to try to wash their hands off, don't count on it, unless they get explicitly required by law).