I'm still thinking it's a purposeful design of the software. There's no fix because there's nothing wrong. The only way it'll change is if there's enough demand/complaint for them to change the programming. Even then I doubt there will be a mass reprogramming. It'll be available upon request.
I've seen both Lexus (with their lousy tip-in on '02 gen ES 300's) and Buick (with their acceleration dead spots on '08 gen Enclave's) do this. In the case of Lexus they sent out letters letting owners know a voluntary reprogramming was available (mighty nice of them) and Buick SA's seemed knowledgeable about the reprogram when asked and applied it without hesitation.
2013 335i Sport Line | Glacier Silver Metallic w/Black Leatherette & red highlight, Sport auto trans, Navi, Rear camera & PDC
2011 528i | Alpine White w/Black interior w/Anthracite, Sport Package, Premium Package 1, USB/iPod, Park Distance Control, Navigation
2008 535i (Buyback)