I don't mind it. You buy a minimum standard but sometimes but sometimes Tesla sneaks in something extra for field testing and you are the beneficiary.
They can definitely get to 3.3. Which means that the BTX8 batteries in the 75 could do 3.3 at likely minimal warranty risk to Tesla, although we'd likely never see it because 1) its not worth doing for a small batch 2) you can see from this thread that there would be huge backlash from those that won't get it and 3) there is some chance it messes up the performance differentiation for Tesla. In Europe you already pay a lot more for these cars so I am fine that the test runs there. Plus if I were running a randomized control trial for Tesla I'd want some in Norway, Spain and UAE.