The crux of the matter is -- what are the real damages? how is real life performance (not phone app numbers) really affected?
It is obvious to me that real-life overtaking performance, in 90 kWh Ludicrous V3 cars, has been lessened by the changes on high states of charge. Both common sense and existing reports convince me of it. The idea that these after-the-sale changes did not affect real-life performance is ludicrous. The numbers and reports show it.
On the other end, 90 kWh batteries V1 and V2, have upon shipping - and now continue to - fail to reach manufacturer announced real-life driving specifications at all. That's the other obvious thing.
So all of the above is IMO massively obvious even if we don't go into any detailed discussions about how to define 90 kWh V3 performance and its relationship to manufacturer specs.
The obvious issues:
1) V3 real-life performance was lessened clandestinely by manufacturer after it was sold
2) V1 and V2 never met manufacturer announced specs as sold
There may be more to this, the mentioned V3 after update performance-levels and specs can be debated over the charging range etc., but also the performance lessening update may have had an effect on V2 and perhapvs V1 as well.
However, even if we forget ALL about those additional debates or assume the best for Tesla in those casess, the above points 1) and 2) are so obvious that IMO even most ardent Tesla fans agree.
And that means all versions of 90 kWh battery have been the subject of questionanble manufacturer ethics and action. Incidentally, that same battery is also the one where most DC charge peak rate throttling by Tesla has been reported...
It also seems likely to me you will not admit to otherwise, no matter how many people chime in, no matter how much data is gathered to illustrate the point. I would be glad to be wrong on that part.