Rigging not squeezing...
The key difference in my view is that VAG - not just VW - deliberately designed their product, though the fitting of this defeat device, to specifically alter the vehicle performance just to fool the MOT test, and for no other purpose.
This is rigging the market in much the same way as, for example, the LIBOR fixing in the banking scandal, and is different from a car manufacturer trying to squeeze as much benefit as possible out of a (admittedly artificial) regulatory test. So more criminal than conspiratorial in my book.
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