I talked to Guhl about it via email when I was asking about the reflash. He said it's not in the main ECU. My fix works well but when I lock the rear in gravel, the wheel speed sensor on the rear notices it and I can feel the front brake lever pulse. There are downsides to the fix I have employed but for me, the added pleasure I get from sport riding the bike makes up for it many times over. Now, instead of the bike fighting me by randomly changing attitude, I control the dynamics of the bike like I always have. To say the difference is night and day is an understatement.
As far as 'somebody finding it in the system', there are 2 candidates: Guhl, as he can obviously reflash, but if it's not cost effective for him, it probably won't happen. The 2nd candidate is more likely and that's B.D.F, as he must be an EE and has obviously figured out what goes out on the communication bus of this well enough to disable the annoying low fuel warning. I just bought and installed this, it was about a 5 minute install.