I've read posts from members on the forums that have had their tuner replaced successfully after an unauthorized flash. The wording puts the liability for doing so on the dealer. The "purpose" of getting my permission is it allows me to remove the tune prior to the ECM flash. I can then reload the tune on the street and drive off a satisfied customer.
You can question it all you want but other members have used this method successfully in the past as I did on the first airbag recall.
Worst case scenario, I can unlock my tuner for $100 and reload my tune. Then recover the $$$ thru small claims court. They after all do not own my ECM, (and probably not the software either) and if altered without my permission and that alteration results in a locked out tuner they are then liable for their actions.. (Per my lawyer/brother)