Quote:
Originally Posted by BAN SUVS
Well, not necessarily. I would say that in the case of intake testing, or ground cable testing, or testing of any other small upgrade, you can always get a "legitimate" run or two that shows a gain with no intentional tweaking of the system, especially with the way Subarus are. One vendor in particular was testing a kit with a large turbo on a client car. The car was making the expected power (about 340 to the wheels) on race gas during tuning. They continued to do runs and make tweaks and after a while, power started inexplicably climbing... 350... 360.. 370... eventually hitting 380 to the wheels! Turned out the fuel pump was going bad, and the car was making power as AFRs got dangerously lean.  40 extra horses through no action of the dyno operator. 
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still fraud...
if they discover that the reading were the result of another failing part. then they publish the runs as gains typically seen by the part. then they knew it was false and therfore fraud. theres no way to argue the semantics about it. its still fraud. there will be much debate about whether or not they will get away with it, or whether or not they will even be challenged. but either way they slice it. its still fraud. just because the dyno operator is in the clear, doesnt mean the company is.