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I will watch that video later and get back to you. I understand what they did. I'm not saying that what they did was right, simply that it wasn't fraud. My point being that if the test is already deceptive for true vehicle emissions (laboratory settings, very particular configurations, etc.) then the test itself is the problem. If we flip the script and say that a car fails the emissions testing but is in reality the cleanest car, is it not "fraudulent" to label this car as dirty?



Intent matters. Your example of flipping the script would only be comparable if the manufacturer engineered the car to fail the test.

VW built their car to produce a specific test result to get buyers to buy the car. It fits the description at the link below all too perfectly.

https://legal-dictionary.thefreedictionary.com/Fraud




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