That's influenced by factors across the whole performance envelope, including power fade approaching top speed; this is not relevant to the two disputed metrics of 0-60 and power. I cautioned against precisely this confusion above.
Quarter mile not disputed. Also, irrelevant.
Quarter mile is hugely relevant. It was a metric they promised specifically and with a lot of clarity. The Ludicrous update improves that metric and that is what provides extra value.
I've been trying to avoid the whole 0-60 and power discussion as I feel they have been discussed to death already in this thread, but I guess to address your point it's not possible to avoid it.
On the 0-60 issue, they used a customary convention that is commonly used in the USA. I know for certain they will not have legal trouble here. When they translated the numbers for the EU market they didn't account for that cultural difference. When taken to the face of a judge in the EU, I can't comment on how it will be perceived (I'm guessing Tesla will survey convention in the industry; if other automakers do the same then the case is different). I guess we will see.
On the "motor power" issue, Tesla advertised 691 hp "motor power". People have apparently interpreted that to mean either wheel hp or shaft hp. Tesla however clearly means something different. Comparing S60/S70 vs S85 and S60D/S70D vs S85D numbers makes this very apparent. The cars that use the same motor/inverter combination have
exactly the same "motor power" numbers
regardless of battery differences. This has remained consistent even when the numbers are tweaked (for example when S85 was tweaked from 380hp to 382hp, the S60/S70 variant also went from 380hp to 382hp; same with the dual motor versions). That eliminates the idea that "motor power" represents wheel or shaft hp, as both of those take into account battery limitations.
So I think when the judge takes it to discovery in a hypothetical lawsuit, they will find it is not a factually false claim (not something Tesla pulled out of thin air) and that Tesla did not intentionally mislead (irregardless of the software update situation). Whether it is a misleading claim would probably depend on surveys of owners on this matter.
I guess this may be because people have different view points, but some have said Tesla's best approach is to provide more clarity. However, given this is immediately used against them to start a lawsuit, I think it should be pretty clear why Tesla has been hesitant to do this. I have been saying all along that is what is holding up Tesla's immediate response. They have to think carefully on how to best respond in a way that is a win for everyone involved.
I have a feeling they thought Ludicrous was that answer, but apparently it isn't (for some people; I know there are plenty that are happy to get Ludicrous at a discount over a new buyer).