Considering that the situation this was named after had _very_ specific timing, state and sensor values coded in a defeat device, I'd say that having the mapped the gps coordinates of your competitors im the firmware of your product is pretty damning.

Nevermind the poorly executed "if day => 21, month => 11, year => 2021", which was conveniently setting a failure which wasn't actually present.

It'a probably not that simple, but it's not that complicated either. If you make something engineered to fail without there being a failure present, that's clear malice.

Imagine buying a car, you own it until the warranty runs out and the the manufacturer's workshop moves (say there was a fire/flood/sinkhole/industrial disaster, and they had to) and the car would refuse to move since it's not being serviced at the official location anymore.