Thank you for this update.
One thing to note here (which might also go some way explaining the discrepancy
@vgrinshpun pondered about), assuming this report is accurate representation of the tech's words, I do not think there is a claim that all the models use the counter in the same manner.
We have heard P90DL activated the limit of death after the 8.0 software update and I think the concensus has been gravitating towards it doing this based on previously gathered data. Well, what if the counter itself is simply one of many parameters the car follows, but that does not automatically mean anything more? It is just data. It was being collected already on 7.1 (and previous?) and is being collected on any car with launch mode. Maybe it is called a "Launch Mode Counter" or something (though we assume it can get triggered by non-Launch Mode events as well, but that's a separate conversation) and sits next to some other counters like the "Left Seat Heater Turn On Counter" (made that up) that Tesla uses to monitor car conditions for statistical purposes.
Nothing wrong with a counter itself. It is possible Tesla is not using the counter for any performance penalties in P85DL or P100D. A benign use case for counters could be, say, Tesla's own warranty claims to contractors for example (contractor promising a part to last X number of launches). The tech said he didn't know the limitations, so he/she would not necessarily have known where it applies. It seems plausible, he/she may just know the counter because it can be seen in some analytical tool, but not its effects which may not be disclosed to the techs at all (maybe some internal memo was circulated with vague wordings similar to the CYA). He may not know exactly what triggers the counter addition either, beyond perhaps some small descriptive note in the analytical tool that may or may not be the full story.
Now, what is problematic is the precedence being created here. Now that we think we know the counter is global, and Tesla has done this once and added a global disclaimer to boot, who is to say it won't happen again later for other models? Even more so, because there probably are other counters as well and Tesla is known to update software all the time, who is to say they won't disable or diminish other features as well to protect themselves from warranty claims? That seat heater being problematic, why not start limiting its availability pre-emptively by software in the entire fleet... (again, just a made up example)
It certainly is a problematic precedent in that sense, but not necessarily yet indicative of being used beyond P90DL. Pending further data, of course.
As for
@vgrinshpun cherry-picking, I personally didn't find that problematic. I am not sure his logic holds regarding the specific criticism levelled aginst the tech (I think my speculation above would be a plausible explanation), but certainly it is not automatically negative cherry-picking to discuss what parts of the tech's comment - or the report of the tech's comment which may be different - could be mistaken or misunderstood. It is certainly possible a tech could know one thing and be mistaken about another, and even more so when considering a later report of the tech's words could have misunderstood and misreported something - the broken telephone or lost in translation effects...