if the driver doesn't do anything what then? is it driving itself or not?

as someone that gets driven around by my car whenever it is on the road, i hate that people like you act like it doesn't exist.

Nobody disputes that the car can drive itself 99% of the time. It can and it's a great system (well, opinions diverge, I mostly agree). But it's very far from a Robotaxi - for any reasonable person, Robotaxi means unsupervised rides, which Tesla is not currently doing at all. And they argue pretty strongly in court that any talk about unsupervised is just 'corporate puffery'.

This is similar to why one needs to keep an eye on todlers. 99% they are fine, but that 1% of time they will do something very dangerous.