VW Blames The Programmers!!!
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There's a basic flaw in that theory: Software developers are inherently lazy. Unless specifically directed to otherwise, they're going to report the data as it is, because that's the path of least resistance. They don't care whether the engineers get the auto to EPA standards. They'd be much more likely to say, "well, go fix your engineering problem."
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A couple of problems with doing this: 1. That would still not prevent class action suits by VW purchasers. If they can't get at VW directly, they might go after the assets of any company wholly owned by VW. 2. The U.S. government would certainly go after the assets of any company owned by VW. To summarize, this would involve stopping any and all U.S. activity by VW or its subsidiaries. Given today's world, I doubt that it is even possible, let alone desirable.
If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time - a tremendous whack. --Winston Churchill
Just speculating. 1: a civil class action suit could not be applied overseas. Same as going bankrupt in the USA would leave your assets intact and untouchable in France. 2: I'm suggesting that they may take the view to completely abandon the US market; completely! Nothing for the govt to take. I agree it is probably unlikely, just wondering if it had crossed their minds and how serious the train of thought might have been. In any case, they make decent if boring vehicles and it's been mooted that they are not the only manufacturer doing this. I think there was an article (Telegraph, possibly) that stated that other manufacturers are going to get dragged into the melee.