That's right, webby. I had that discussion with the service manager today. I was very frank with him after he test drove my Si with me this am, and then personally put it on the mcvi. He then realized the mcvi needed to be up to date and updated it from Honda's server through a laptop. It then showed an update for my July 2012 build, the update was dated August 30, 2012 (I forget the rev. no. I have it at work. He put the battery booster on and flashed the ecu, admittedly not knowing what the update pertained to. FWIW, there was no difference in the rev hang, which he had acknowledged was present and had placed in his report. It even over-revved on an upshift for him during the test drive.
Back to frankness. I told him that I had less than a week to decide what to do about the extended warranty and that I was tempted by Hondata. I told him if Honda had a fix like Hondata's, I'd pay Honda extra for it. Of course Honda does not have a fix. He mentioned that Honda NA really dislikes Hondata, the main reason being its handling of the two rev limiters that Honda sets to protect against catastrophic over-revs. He's seen a car come in with a blown engine and it had revved well over 10k (may have been gen 8 car). Anyway, he advised against Hondata, but had no remedy for me. So, if you blow your engine in a reflashed car, its on you. If something else unrelated goes, different story.
I have a call in to the Honda NA case manager for my case as to what I do next.