i was told that because of the throttle by wire, the throttle has a slower response than a direct cable throttle, which messes with the software, and that Harley is working fast to upgrade the soft ware.
I believe this is a misconception about the TBW. The throttle response is not any slower than a traditional cable throttle. I'll try to explain......
Here is the scenario. A new '08 with TBW is on a dyno. The air cleaner is removed. A dyno operator twists the throttle and watches the throttle plates in the throttle body. The engine starts to rev up and the throttle plates open slowly even though the dyno operator has the hand grip at wide open throttle. The dyno operator then ASSUMES the servo is slow or that the system is lagging behind.
Here is what really is happening....
The EFI system knows the engine can't use all the air at that RPM/load range and if it were to open up fully it would actually hurt the performance. Kind of like the way a CV carb works. When you whack the throttle wide open and the engine is at 1500 RPM's, the EFI will not allow a throttle position of more than 30%. Then as the engine revs increase and hit 1750 RPM's it allows the throttle to go to 40% and so on. The EFI doesn't allow 100% throttle until the engine hits 2750 RPM's. If all that is being observed is the throttle plate to hand grip position it would look like the plate is lagging behind and holding back the RPM's or Torque or performance, it isn't.
Here is a comparison at wide open throttle between the Street Legal Stage 1 (green line), the SERT Stage 1 (blue line) and the SERT Tuned Map (yellow line). Remember the Throttle By Wire doesn't allow 100% throttle plate opening until 2750 RPM. Note on this graph the RPM starts at 2000, well below the 2750 RPM required for 100% throttle position. At 2000 RPM there is a 14lb Torque gain over SL stage 1. At 2000 RPM's the max throttle position is only 60%. In this example the engine is a '08 Stock 96" with stock cams. The only mods were Air Cleaner and Independent dual exhaust.

Here is the complete chart showing the numerical Torque gains from the SERT Stage 1 to the dyno tuned map used in the above graph. The chart shows throttle position VS. RPM.

The blank cells in the upper right side are throttle positions that could not be obtained at the given RPM. The blank cells in the left/lower left side are throttle position that could not produce enough torque/hp to obtain an accurate sample.