Earlier quoted context omitted.
Harley Davidson was caught doing the same emissions scam and no one seems to care. Granted there's less vehicles from them compared to the 11 million Volks but still.
Doesn't seem to be the same from what I can tell. AFAIK the Harley Davidson "defeat device" would still emit unacceptable levels of emissions during an emissions test. And that they were intended for track/racing use. This is very different from purposefully hiding your emissions levels from testers. Whether that difference is material when meting out punishment is up to judgement. But calling it "no different" seems…
EDIT: Not exactly that... from another user "They admit that the modified bikes bypass emissions requirements, whereas the unmodified VWs didn't meet the requirements and had to cheat to pass inspection."