Specifying a workload is a much better way to provide a warranty imo. Essentially that is what you get with Intel. Intel give a duration based warranty, but they also stipulate the workload that the warranty duration is based on. (Both Client and Enterprise) If you exceed the workload and burn out the NAND before the warranty expired, I'd guess you would have no warranty.
The downside for vendor's is that they would have to check all RMA's to verify the workload = time/ cost/ money, still it's surprising that none of the small vendors have started to sell un-throttled drives.
The other issue I guess is that it would not look good for an immerging technology if people started reporting their NAND had burnt out "prematurely".
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