Was it stealing to put a larger carb and hot cam in my 76 BMW 2002?
Void the warranty? OK! Sign me up!
What if I just unplug the whole controller and use an aftermarket? Is that stealing?
I have batteries that can supply a certain amount of current safely. I have motors that can convert that to power. The only thing holding it back are some numbers on a throttle map. It's arguably stealing from me to not let me choose to use the ability of the car I own (or almost like blackmail).
For me, I'll wait until the battery warranty expires, then I'm opening this thing up one way or another (Atom processor, so it won't be this hack, but I'll hack it somehow).
But in the end I think Tesla has the right to limit the performance in order to make the battery last the expected lifetime, and charge me for the performance upgrade, assuming they'll have higher warranty repairs for higher performance.
FSD is another story. I would not want to hack that even if I could. Liability for an unsupported FSD implementation would be too risky. Plus that would be stealing, using the software without paying for it.