All very true, BMW is a very scummy company lately.
My argument was that primarily, BMW is a manufacturer of a product. It would be a better analogy to a modem company being sued for the content that was transmitted through their device.
Side note, I think the feature unlock trend in cars is the worst possible thing.
As far as the car itself, BMW provides you with a product. This differs from a service where the provider can set in place rules that you need to abide by. If I want to chop the top off my new BMW and install ugly spoiler, there's nothing that BMW can do about that.