[EdHominem]

> There are ways to cheat though, [...] A new Tesla might well have an actual 400 mile range the day it comes off the lot

That's not cheating, that's responsibility. That's presenting an honest product expectation. Cheating would be implying that the initial capacity would last.

It's also probably not the case, as people are pointing out. But even if it were it would actually make me think more highly of the company.

> What's to prevent a competitor to cut just a few corners on this strategy – don't give yourself as much future wiggle room so that you can say your capacity is higher?

Does it make it through the warranty period? If so, then what's wrong? For N years those customers had an X/kwh battery.

If not, lawsuit.