This is very disappointing. It sounds like range mode is the issue right now, and this is a potentially life threatening problem. As such, I don't know why Tesla isn't notifying owners. When the issue with the fires happened, Tesla was proactive in using the adjustable suspension to raise the level of the cars to minimize the chances of running over road debris. Why can't they do something similar to disable range mode now? At the very least, they need to be telling potentially affected owners. Someone getting into a car accident and getting hurt or worse due to this would be a major tragedy as well as a huge blow to the company. OTA updates are seen as a benefit, but letting this possibly avalanche into a major situation could frame them as huge, car busting negatives.
Let me expand on your valid and concisely expressed concerns. I've been watching this play out largely without comment (except to note that I did encounter the issue), but I'm starting to get exercised by the lack of a proactive response from TM. We know they have the ability to rapidly push new software to large numbers of cars in a short time: the response to the first battery fires proves it. We think we know that the number of cars potentially affected by this bug is relatively small, limited to 85Ds with .167 installed. So why haven't they pushed new firmware to the affected Ds that rolls back the drive unit control algorithms to the .139/.140 level, or even pushed a variant of .167 that simply disables Range mode?
I can see at least two possibilities; I'm sure there are others. Both are mere speculation, let me be clear about that.
1) Unlike the case of the battery fires, no sensational video has surfaced on social media and no negative news coverage has aired. And, so far, no one has been hurt and no car has been damaged as a result of this bug. So perhaps TM is practicing risk management
at the corporate level and betting they will have a true fix pushed to the affected cars before any of those things happens. If they win that bet, the whole thing blows over and, except for a relative handful of forum users, no one is the wiser. If they lose that bet it could be bad for the company, since they have the ability to take steps to mitigate the risk
to owners, and have not done so---not to this point anyway, not that we know---and the court of public opinion (not to mention the NHTSA) will not be kind.
2) More fancifully, suppose there is a more serious firmware error, so far known only to TM, which potentially affects a larger percentage of the fleet (as I say, it's mere speculation; but stay with me a little longer): TM may not have an ETA for a fix; they may not even see a path to a fix. If that's the case (and I have no evidence to suspect that it is), their hair would be on fire. And I would not want to be part of the team working---feverishly, 24/7, under immense pressure---to find a solution.
Tesla has a history of brinksmanship, of betting the company (and Elon's personal fortune) on a single roll of the dice, but I sincerely hope those days are long gone.