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Hypothetical - software updates negate battery degradation warranty claim?

Since the two most recent updates to my M3, it seems like my average wh/m has dropped. It could be unrelated to the updates, but had me thinking. The warranty (at the time of this post) covers the battery for 8 years or 120k miles (whichever comes first) with a minimum 70% battery retention. If the battery degradation *did* exceed this threshold, but software updates improved the efficiency to the point that a minimum 70% of the EPA rated mileage was achievable, could this somehow absolve Tesla of the warranty claim?

Perhaps this question is more of a legal one, or perhaps Tesla would need to manipulate the MCU reporting (e.g. actually lie) for this to make any sense. Just thinking out loud (or... in writing). Couldn't just some simple BMS "misreporting" make it *really* difficult for most owners to even know their degradation? Certainly owners with enough patience and understanding can independently calculate their battery capacity, but I'd be unlikely to notice.
 

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