Yes, the Miata and Cobra are the two major "failure to meet spec" issues that have occurred recently.
In some ways, this one is less serious; the engine power peak is at 14.5K so the only difference between a 16.2K redline and a 17.5K redline is a bit more overrun capability -- the engine should make the same peak power. This change in overrun is probably inconsequential to 99% of users.
OTOH, Yamaha can't attribute the problem to tolerances, measurement error, or any other slop factor - the ECU knows exactly what RPM the engine is turning and someone typed a line of code in the ECU tthat said EXACTLY when the rev limiter intervenes. So Yamaha said 17.5K when they knew full-well it was 16.2K. So if someone can argue that they bought the bike to use this extra overrun capability, it is a blatant failure on Yamaha's part to meet spec. When you advertise that a machine does X, legally there is an implied warranty that it should.
We'll see how this plays out. If Yamaha is smart, they'll fess up to it, offer to refund anyone's money who bought one if they want to return it (only a handful are in the field), and provide some nominal compensation for anyone who keeps their bike. And remove the 17.5K spec from all brochures, web sites, print ads, etc. and have new customers sign a form that says they acknowledge the new redline and they're Okay with it.
This is the right way to handle it -- take their medicine and move on -- but as I said in my earlier post, they seem to be in CYA mode these days. This is souring me on the brand.
- Mark