Well, not to belabor the point, but in this case:
a) the data available was logged
b) the logged data was made openly available for analysis
c) analysis said the issue was with hardware, as made obvious from the data
So why would the tuning company be blamed? Having data openly available does help to build statistics for reliability, MTBF, etc. for the platform. Isn't that desirable? This is how we know that bank 2 O2s are more prone to failure or there are leaky injector issues or hoses/hoseclamps are subject to coming loose/splitting on the EBs.
Granted, it IS easier to make the tuning company the fall guy when the data is in a "black box" where we cannot see within/analyze. As these vehicles age, and service histories remain unknown, having datalogging as an option is invaluable.
IIRC, the MyCal device does have logging capabilities, but not sure it could be accessed by the owner/enduser due to the proprietary nature of the information collected therein, as stated by LME.