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The world is full of devices that only use a portion of their capacity, the software allows you (or doesn't allow you) to access certain functions.
There are multiple issues, one is the right to repair. The second is using only what the seller sold to you.
Industrial robots are a good example. They have all sorts of functionality, it is enabled or disabled in the code. You aren't allowed to enable features you did not pay for.
Tesla could argue the additional capacity is there to allow them to meet their long term warranty obligations, you paid for X kW, you get access to X kW.
It's not going away.
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"A machine you build yourself is a vote for a different way of life. There are things you have to earn with your hands."
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