Tesla issued press releases over a year ago when they introduced this model:

https://electrek.co/2016/06/09/tesla-60kwh-pricing-option-software-revolution-exclusive-details/

It wasn't a secret, and anyone who bought one of these cars knew exactly what they were getting.  You can doubt that all you want, but there was no conspiracy here.  There was a decision to offer a cheaper model with the ability to upgrade, and everyone who opted for the cheaper model knew they were buying software limited hardware.  

Put it another way...sure, they owned the hardware but they didn't own the software.  That costs extra.