What Asseline and his lawyers present there is a falsely limited spread of possible explanations, so let's have a look at them. The first two are intriguing, in that they present a possible design fault - however they both hinge on the assumption that the aircraft entered landing mode. The third is more nebulous and assumes a major software failure.
Why would a function that prevents a tail-strike on landing be considered to be a 'design fault'? Its perfectly obvious that if there is a flyable pitch attitude on landing that will result in a tail strike (alpha-max greater than alpha-strike), then the aircraft should automatically limit its pitch.
What you did not answer therefore, is:
a. Does the A320 have a tail-strike pitch limiter?
b. If so, at what rad-alt does it operate?
c. And if so, please explain why it would NOT have operated during the Habsheim crash?
P.S. I am not criticising the A320 here, as I know that a 737 would probably have cartwheeled in the same scenario. The possibility of a pilot wanting to land on a forest was probably not anticipated by Airbus, and nor should it be, in my opinion.
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