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Well exactly, I see no way that all the self driving source code will be FOSS (I don't think corporations would ever willingly sign onto this). So the responsible party in the case of a malfunction should therefore be the company, because in a full self driving setup the occupant is not controlling the vehicle, and has no reasonable way to ensure the safety of the code.
Which is why it should be dual responsibility. The owner of the vehicle chose to use the feature, so they have responsibility. If it malfunctions when the driver was following the instructions, the manufacturer has responsibility. Both are culpable, so they should share responsibility.