BMWs have decent 'mod' support, if you fully own a msport/M you can be mitigating OTA updates in firmware to retain your perf/exhaust pops as regulations/OEMs change goals. Original firmware b58s (m340/z4m40) are infamously coveted for specific software/hardware versions... Same logic can be applied to this strange advert thingy
Focusing on US, not EU: Had a 2020 m340i delivered pre2020 so lived through this. The niche market also understands this, C3 made a full breakdown presentation for the Volkswagen scandal (https://media.ccc.de/v/32c3-7331-the_exhaust_emissions_scand...) that makes your first point moot.