I resent very little that Tesla does, but MCU1 matters are an exception. The inevitably failing eMMC part clearly demands an extended warranty on a part that was flagrantly under-engineered. In fact, I can't believe that some alert attorney hasn't filed a class-action suit to get reimbursement for owners who have been charged for replacing MCU1 units out of warranty. It's an outrage.
More to the point of this post, it's just absurd to provide free HW3 FSD computers to those who previously paid for FSD while making pre-paid MCU1 owners pay for an MCU upgrade to get HW3 installed. IF they can make HW3 work with MCU1, as they now claim, why haven't they done it one single time? Not doing it violates their policy of performing FSD-computer upgrade for older S and X cars first. I smell a big rotten rat here, so I, also, would be reluctant to allow Tesla to retain a functional MCU1 unit without giving me a discount equal to the price they're going to charge another customer to install it on their car.
To play devil's advocate.
(1) Look at the eMMC part as a part that has an approximate life based on number of writes. Similar to how a clutch has a certain life and one can't expect it to last as long as the vehicle as a whole itself.
(2) I'm sure there are attorney who own original generation Model S, so the fact that there isn't already some sort of action from them, could potentially indicate that the eMMC is a consumable parts... Similar to that of a USB memory stick that exceeds the number of writes in it's life time.
(3) Right now, HW3 is compatible (at the software layer) with AP2, so if an owner choose to pay the $2500 for the MCU2, and they quality for their HW3 upgrade (because they've pre-purchased the FSD Software), they both will be done at the same time. Those who don't want to upgrade to MCU2, can wait for their HW3 upgrade. While the functionality of HW3 will be available, it appears the visuals (which is just that visuals) for HW3 may not be available.
(4) From what I understand, the $2500 is the price for MCU2 with them taking the MUC1. We'll find out in the coming weeks from owners who which to retain the MCU1, what the core charge is to do that. Look at it this way. MCU/2 is $3000 and you get to keep your MCU, but pay $2500 and you must return it.
(5) Then choosing not to do the HW3 right now is NOT a violations of their policy. They will do it, it's just a matter of when, and when is not explicitly spelled out in the T&C when you purchase your FSD Software. We can only presumed that the software to make HW3 work with MCU1 is still in the works. We have to assume that.
I'm just giving a glimpse of the other side. There is a lot of emotion in this long thread and rightfully so, owners feel like they should have HW3 right now because the Model 3 owners and MCU2 owners are already getting them. This is a valid feeling...
Just presenting a potential opposite view point.