The 85kwh rating is in no way a scam. That is below the true rated capacity. While Wk can claim to be Tesla battery expert, he is in no way a Tesla cell expert. He is the most valuable member on the forum, and the information he is providing is very valuable, but be careful interpreting what he is reporting.
Anyone familiar with NCA cells would know that the fact he is measuring/calculating ~81kWh on a pack over 6 months old (guessing roughtly from time of cell mfg+transport+testing+install+whatever) is actually showing Tesla has the best cells on the market. Remember Tesla's Panasonic cells are actually made by Sanyo Automotive & Industrial Systems Company. If you look at any Sanyo NCA cell data sheet you will see they only guarantee a 80% recoverable capacity with the following conditions:
1) less than one month if stored from -20 to 50C
2) less than 3 months if stored from -20 to 40C
3) less than 1 year if stored from -20 to 20C
An absolutely shite guarantee right? An that is ONLY if you store the cells at exactly the right voltage and exactly the right humidity. Yes that is the present state of the art! A one month old cells stored at 50C could lose 20% of its capacity and still be within spec!
Again ~81 kWh that Wk is measuring/calculating is phenomenally good. If the pack was brand new it would actually measure closer to 86 kwh. Wk is really doing disservice spreading misinformation by jumping to conclusions, but his cell testing cycle data will show the best thing about NCA cells is the degradation starts to level out, making them the only cells that can last ~20 years in an automotive application (estimated 70% capacity after 20 years).
Again this is how the game is played. All ebikes, power tools, golf carts, and other EV's rate their battery pack based on the rated capacity of the cell given on the cell's datasheet. Typical capacity is higher than the rated capacity.
Again the more information the better, but please don't scare people into thinking they have been scammed!
Tesla's only obligation is to rate the pack at or below rated capacity of the cells. In case of the 60 kWh model they underrated the battery for two reasons:
1) to get more people to upgrade to the 85 kWh pack (duh)
2) the smaller pack needs more leeway to ensure long life as the pack capacity will be utilized more fully more often. Tesla is hoping the packs will hit 80% (worst case usage) after 8 years for both the 85 and 60 packs. Remember the goal with the roadster was 70% after 8 years (best case usage) so this is a big jump in lifespan.