I don't think so because it's not a fix because nothing is broken. Now if the 75 kWh battery pack degrades to say 59 kWh of capacity and you only get 47 kWh then I think it becomes a question of:

Did Tesla sell you a 75 kWh pack that will only deliver 80% capacity?

Or did Tesla sell you 60 kWh of power?

I would say it's the later and you're with-in your right to circumvent the DRM and boost your failing pack back up to 60 kWh or less.