Hopefully...
As far as I know, these VW engines are fairly modern, the injection system is modern, and presumably they have the emissions controls installed since they meet emissions during the EPA test. Hopefully, these engines can actually run reasonably clean, so when VW rolls out "the patch" the owners don't have the TDI start running horribly, or have the MPG plummet, or both. Then, they'll have the EPA *and* the TDI owners going after them.
edit: from the EPA link "How much more pollution is being emitted than should be? NOx emission levels are 10 – 40 times higher than emission standards", so no, it's not like it makes 40x when you gun it and is OK the rest of the time.
Biting the hand that feeds IT
