Software update to Jan '08 car?

[F31TanzBlue]

Call my local UK dealer today to get my 135i booked in for some work:

• Rear window not de-misting completely (warrenty)
• Middle high vis brake LED bulb gone (warrenty)
• Peace of mind oil change at 6000miles (£123)

I also asked for a software update and they said its a 2 hour labour job and normally you have to pay for it unless its covered under warrenty - i.e. they are fixing a problem my car exhibits on the old software...

Is that right? Am I not entitled to the latest software? If so... what problem can I get away with saying it fixed on the latest version?

Thanks