All I could find out from Toni (who can root any Tesla and a lot more) is that the capping can't be undone if you downgrade and install an older firmware version.
Jason knows what is going on but is, for good reasons, fearing Tesla's attorneys coming after him for the rest of his life. I believe that means the issue is serious.
I don't think it really makes much of a difference what exactly the underlying issue is. From a legal point it's not that relevant. Tesla reached into our property and significantly downgraded our cars. We want back what we had before the artificial clipping. Tesla will not just undo these restrictions because it's probably too dangerous. So one way or another, they have to fix this and give us back our cars as they were.