My intent in linking post detailing the patent describing architecture apparently being used in P100D battery pack was not intended as a comment on any possible limitations. I am an engineer, and though that details of the architecture and technology used in the new battery pack would be of interest to somebody who is thinking about upgrading.
I am not a lawyer and was not offering legal opinion on the matter. I, however, have decades of experience, among other things, in sizing and specifying electrical materials and equipment. So my reading is based on purely technical considerations. Word continuous has very specific and prominent meaning in electrical engineering, and my interpretation is based on this meaning. I believe that this wording originates from engineers, not lawyers.
As far as the Codes and Standards are concerned, they are settled and well known for things that are in use for very long time. When one considers new technology, availability of standards is very limited, but their absence does not eliminate first principles. The basic one for electrical equipment that it is often sized based on thermal considerations of the materials involved (very often electrical insulation materials) as their properties are very often define technical limits for an application. This is fundamentally different from ICE drivetrains, which are mostly limited by mechanical structural properties of materials. This is IMO is fundamental root of the problem.
If your intent was to dismiss my reasoning based on the fact that cable applications is established in the standards, I do not buy it. Tesla Model S drive train is rated according to the available standard on the subject, ECE R85. This, however did not prevent outrage from many owners which interpreted these ratings differently.
In terms of P90DL counter, we do not have clear picture of how it actually works, since available information is contradictory (Tesla statements, experience of Tech-Guy, experience of TRC, etc.). From my perspective the limitation based on use was actually part of the design, but perhaps was judged by engineering as not being reasonably expected to have impact for "usual" service, and therefore was not a first priority for incorporation into the code. My gut feeling that this counter is not as restrictive as many owners believe, and I am not excluding possibility of an error in the Code (we have seen very many of those: weird routing of the Nav, not so smart "smart preconditioning" etc.) That is why I advocate confronting Tesla to get more specific information on the subject. Knowing background is key to a successful negotiation.