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BMWs have decent 'mod' support, if you fully own a msport/M you can be mitigating OTA updates in firmware to retain your perf/exhaust pops as regulations/OEMs change goals. Original firmware b58s (m340/z4m40) are infamously coveted for specific software/hardware versions... Same logic can be applied to this strange advert thingy

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Engine modules are locked because of regulation to ensure that emissions control remain in place.

Pops don't disappear with software updates. Pops disappeared in Europe because of the dreaded OPF.

Focusing on US, not EU: Had a 2020 m340i delivered pre2020 so lived through this. The niche market also understands this, C3 made a full breakdown presentation for the Volkswagen scandal (https://media.ccc.de/v/32c3-7331-the_exhaust_emissions_scand...) that makes your first point moot.

"Hehe, just hack into your car and completely void your insurance claims and warranty to stop it from playing ads. ;)"

"Hehe, just hack into your car to get FSD https://github.com/commaai/openpilot ;)"

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