P2096 Code PCM Update

I saw a lot of posts on this code, but most relate to modified cars. I have a completely stock MS3 that started getting a CEL with the P2096 code. After resetting 2-3 times it kept coming back after 1-2 hours of driving. Based on the forum info, I replaced the 2nd O2 sensor, but it still came back. Finally broke down took car to the Stealer, they plugged in reset the code and updated the PCM. The advisor said Mazda has a known issue with the programming and the update fixes the issue. My car is out of basic warranty, so I was charged $112 for this "service". I checked the TSB's and there is a bulletin about this issue. I am contacting Mazda Corporate as I think this should be covered by the emissions warranty which includes the PCM. Since there was nothing wrong but a program error why should I pay. Just wanted to get this out there in case anyone else is having this issue. I haven't seen the CEL for a week now. Will update if I get warranty coverage.