Fairly well documented history (from the vehicle owner's perspective) on e90post.com
Turbo / FI Engine and 335i -335d Tuning / Drivetrain / Exhaust Modifications - E90Post - BMW 3-Series (E90 E92) Forum
Look at the second sticky, re v29.2 software updates. 211 pages of posts, 4600 replies, and nearly 300,000 views on that one thread. Got to love the internet. Maybe the guy with the class action suit should follow the thread above, and see the resolution (software version 34.xx).
I think at least some of the reason for the lawsuit is that as software versions were being updated, more detective features were being installed that allowed BMW to see when tuning chips were being used (flags in the code, etc). This is an oversimplification, but each time a new chip came out that was apparently invisible to BMW technicians, they found new ways to determine it was there. I think they classified it as "warranty cost liability management" or something similar. Ticked off a few owners who were pushing very high boost, and were proud of not being caught by BMW.
Or maybe the guys with the lawsuit never added a tuner chip, lol.
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2007 X3 3.0si, 6 MT, Premium, White
Retired:
2008 535i, 6 MT, M Sport, Premium, Space Grey
2003 X5 3.0 Steptronic, Premium, Titanium Silver
2002 325xi 5 MT, Steel Grey
2004 Z4 3.0 Premium, Sport, SMG, Maldives Blue
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