I think the fact that the warranty throttling is undocumented makes it easier for Sandforce and OCZ to sell SSDs with buggy firmware. After all, if no one knows what is supposed to trigger the throttling, then no one can claim it is not working properly. OCZ blames it on Sandforce being secretive, which is absurd since Sandforce has patented the technique (which isn't particularly innovative anyway) and so the fundamentals can be known to anyone simply by looking up the patent.

All that is needed is for OCZ to document the specifics for each SSD model: what triggers the throttling, how slow is the throttled performance, and what needs to happen for throttling to be released. This seems like an obvious thing for the SSD datasheet, since it directly impacts the functioning of the SSD and does not require disclosing any of Sandforce's trade secrets. But OCZ's representative dubiously claims Sandforce is keeping it secret, and no doubt Sandforce would say that OCZ is keeping it secret. It is like Laurel and Hardy selling SSDs.