And you knew this buying the car, right?
Let me respond to this as an EV fanatic, I'm guessing most Tesla drivers are driving/owning their 1st Electric Vehicle with their Tesla. For me, that isn't even close, I've owned closer to 10 in my life and have worked on most of them, I've built (in part) a few as well! As an EV DIY fanatic I obviously know all about battery degradation and can tell you that I've replaced many a battery pack sooner than I would have liked to or predicted would have been the case, I am completely knowledgable about that fact and consider it to be the #1 (perhaps really the ONLY thing besides "range anxiety") NEGATIVE side to Electric Vehicles and will lead to the demise of an Electric future if not properly addressed by the industry. As an EV fanatic, I'm going to drive Electric regardless, I'm already sold on the idea but when I consider the "masses" and a future where any significant market share (ie. more than 1% of vehicles sold) are 100% electric powered I realize this "inconvenience" is not gonna fly, "most" people are not going to be interested in buying a vehicle which lacks a warranty on performance (ie. it will perform as well or at least X% as well in 5 years as it does the day you bought it). The other big players in the EV world are addressing this, at least in part, by offering warranties on their batteries in regards to battery degradation (really "range" degradation to the consumer since the average Joe doesn't care if their battery is 100kwh or 50kwh just so long as they can drive 250 miles each and every time they have a full charge).
My sense of Kevin is that he is also an EV fanatic, he totally understands batteries and that they do degrade, however just like me I think he is passionate about the stance that; without the EV manufacturers providing a guarantee on performance of their vehicles in the long run, the widespread adoption of EV technology will fail! (to be what it could be) An example of where EV tech is losing is: Toyota has one of the "greenest" images of any auto manufacturer and they didn't renew any contracts with Tesla and have stated they are investing in a "Fuel Cell" vehicle future, Toyota would have been a huge difference maker in the EV world but I think the life-cycle of the batteries is preventing them from buying into the concept. The battery degradation issue is perhaps THE major hurdle that needs to be addressed for our EV future, range is being addressed (bigger batteries, lots of new charging stations, J1772 standard, SC, ChaDeMo, etc) and I think the "fight" for the best range is doing great harm to the degradation issue. Tesla should never have released range estimates that are based on 90% DOD (Depth of Discharge), its not a safe duty-cycle for the longevity of the batteries, its not right to tell people "our car will get you 240 miles on a charge" and then under your breath say "but we really hope you don't actually intend to drive it that far very often or it won't be able to give you that same performance 4, 5 or even 8 years from now"...
Honestly, my feeling is that these batteries should have been absolutely limited to using 70% of their initial capacity maximum and then over time increasing the percentage of the capacity to maintain the "usable kwh" accordingly.
Example:
70% of 100kwh when purchased gives you 70kwh.
5 years later the capacity of the pack may be down to 90kwh (maybe better b/c 70% duty cycle results in slower degradation) and the computer is now allowing 77.7% of that, .777*90=70, so the driver is still getting the exact same usable capacity and range as day 1... This means HAPPY CONSUMER and no one feels cheated! In this system it would be reasonable to expect that at the end of the 8yr/100K mile warranty period the driver would still have the exact same range as brand new!
I think for the average Joe out there this needs to be addressed, Tesla is relying on their buyers to be intelligent enough to do all the engineering themselves, to not actually use 100% of the battery like Tesla is allowing (just so they can claim higher range at purchase). Again, I think this is all an artifact of "range anxiety" being the #1 priority and "good engineering" being back-burnered; safety nets should be incorporated in every EV! This is the reason I also have a Volt, I stand behind what they did by only allowing for 65% of their battery to be used, this is why you can have one with 100K EV miles on it and the EV range is exactly the same as it was new, if you simply gave the Volt a 100kwh pack it would be able to drive 250 EV miles easily and be able to confidently do so 100K+ and 8+ years down the road...
Now, to the warranty point, the way the manufacturer solves this potential issue is by simply providing a warranty on battery performance, its up to them to engineer a product that their consumer can use as intended and perform its function as promised and within the boundaries of the warranty coverage. If Tesla builds a car that can destroy itself in 50K miles doing exactly what they claimed it could do, they are responsible for that and should be replacing Kevin's pack. When you buy something you should be able to use it exactly as you are told you can use it through advertising and salespersons (ie. go 0-60 in 3.9s, drive 240 miles on a charge... in other words: drive fast and drive far!) and shouldn't expect it to be unable to perform the same way just 50K miles and 5 years later, the warranty is supposed to give people confidence that it will perform the same way for X number of years and X number of miles or the manufacturer is promising to fix it for you... Just because Tesla has a warranty with a huge weasel clause doesn't mean it is ethical (in the business sense) to exercise that weasel clause.