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Your point on upgrades during multi-day competitions is a good one, but that’s an edge case that it seems to me could be dealt with by just forbidding people from applying any updates during a competition.
Otherwise, no, am not just being a lawyer. I really don’t see the difference. Ford introduces a new EB mustang tweak—it hits dealers on Friday and someone buys one Sat, shows up to run Sunday. How is that different, from your perspective as a competitor, than someone receiving an OTA update on a car they already have? Or installing some sort of mechanical upgrade—forgive me, I haven’t been paying attention. Are new shocks still permitted in stock? Or whatever else.
Existing cars get reclassed all the time. If Tesla introduces an OTA package that radically changes the car’s performance, why not just reclass it? Yeah, it takes time, but same is true of any upgrade to a model that might result in reclassification.
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