Well, all of the companies using Bosch EDC 16 & 17 control systems were doing effectively the same thing. My understanding is that Bosch includes facilities for detecting dyno use "for testing purposes" and that manufactures were using these flags in production cars. VW was apparently a lot more brazen and aggressive in triggering it. While Mercedes and FCA were a big more judicious about it.

I don't think BMW's case has made it through the court system yet though.