That suit was settled last weekend in California. The verdict: any owners with LC1 will have their warranties reset for 5 years/60,000 miles once they upgrade to LC2, and the LC2 transmission and internals -- including VDC -- will be fully covered by Nissan. If you use the LC2 with VDC on and something breaks, everything's covered. If you turn the VDC off and use LC2 and something breaks, you're in the poo.
However, if you turn the VDC off and use LC2, then turn VDC back on and everything is fine, then you drive for a while and then a few weeks later something breaks, Nissan will have to prove that turning the VDC off weeks earlier is what caused the breakage. Previously the burden of proof was on the owner; now it's on Nissan. Owners of 2009 cars will also get a $75 coupon for service at a GT-R-approved dealership. Owners will receive notices in the mail with the details. Whew. Glad that's over. Now can we get back to enjoying one of the finest cars on the roads today? Hat tip to Matt