LOL, Easy to see you're a BMW owner. I get that folks like to say my car/bike HP is X and my 0-60 is Y but the reason I buy BMWs cars and bikes are the handling and to carve corners not straight line acceleration. If straight line acceleration was my thing (not that there is anything wrong w/it

I would own a 5L Mustang or supercharged car. As zx10guy mentioned w/in the past months or so we have seen a significant number of posts from folks saying that BMW voided their warranty the minute the ISTA was attached to the ODB II port. It is especially, sad when the poster is a second owner who brings their car in for service only to be told their warranty is voided.
To the exhaust comments, almost everyone plays w/the exhaust and any manufacture would have a hard time voiding a warranty over it. The biggest issues for cars is playing w/the emission, yet folks still add catless downpipes or remove the OPFs.
A tune is completely different. Depending on who provided the tune and how far they pushed the envelope it could certainly be related to a failure. I don't care one way or another if someone wants to "tune" their engine but what I find less than truthful and a disservice to someone who may not know...is saying "I flashed" my vehicle back to stock and the dealer "can't see it" or "they have to dig to see it". One the dealer has nothing to do w/warranty other than provide information to the manufacture and depending on the severity of the claim BMW will see it or find it. Even if there was ZERO ability to see a past coding change it is very easy to see the logs and know that values are higher or lower than they should be. I also think folks are forgetting that cars (not sure about bikes) have a black box that is essentially a FIFO cache housing a ton of information that can be used to prove a point, especially by law enforcement if a serious accident were to occur.
Lastly, yes the 40-50 HP loss is a huge disappointment and BMW should find a better way. That said in those gears at those RPMs we are on the TRQ cam and probably why BMW came up w/the TO "fix". Not sure I understand why the drop in top end HP as by that time the other cam is being used. Maybe that just answered my own question.