Copyright law & automobiles.

[64powerglide]

Keep those Corvairs on the road & don't buy anything with a computer!




A privacy group is warning mechanics and car enthusiasts that tinkering with the computers that run dozens of vehicle components, without a manufacturer's approval, may constitute a copyright violation.



Plan on repairing or modifying a car in the garage this weekend? You might want to first consult a copyright lawyer.

In a development that illustrates just how much cars have become mobile computers on wheels, a privacy group is warning mechanics and car enthusiasts that tinkering with the computers that run dozens of vehicle components, without a manufacturer's approval, may constitute a copyright violation.

The Electronic Frontier Foundation, a nonprofit watchdog, says the Digital Millennium Copyright Act may prohibit modifying the code that runs these small computers, known as electronic control units (ECU). The organization is asking the US Copyright Office to exempt hobbyists and home mechanics from the law. In the petition, the EFF asks the office to eliminate the legal risks posed to vehicle owners who are "engaged in a decades-old tradition of mechanical curiosity and self-reliance."

Once every three years, the Copyright Office holds hearings to consider whether certain activities should be exempt from the DMCA's Section 1201, which restricts people from circumventing technological measures that control access to "protected works." No dates have yet been set, but a ruling is expected by mid-2015.

"The general principle at stake is that people who own a device are the ones in control of what it does, rather than be constrained to use it only in the way a manufacturer wants," says EFF staff attorney Kit Walsh. "The idea of ownership, in a way, is under threat when the law prevents you from altering a product in any way."

Needed: Access To ECUs

In the past, it may have seemed preposterous to lump a gearhead tinkering with his car under the same digital umbrella that catches people who jailbreak their phones. But today, dozens of ECUs run almost all vehicle functions, including the performance of the engine, steering and brakes. These units are run by computer code that automakers consider proprietary.

Both professional mechanics and everyday hobbyists increasingly need electronic access and expertise in ECUs and the software that runs them.

One activity, for example, that falls into a gray area under the DMCA law would be modifying an ECU in a manner that boosts engine performance or, conversely, fuel economy. Another questionable activity may be using extra memory on an ECU to create or customize a specific feature in a car's telematics unit.

At present, there's no known case in which an automaker has pursued litigation against an individual under the banner of a DMCA violation. At worst, it seems a car owner runs the risk of voiding their warranty by altering these codes. But that could change.



Automakers Could Consolidate Market

As automakers enhance this software, technology will soon allow them to sell upgrades and customized features to individual customers on an individual basis. Want that extra 40 horsepower? You can buy it on a memory stick. Desire a specific ring tone for your car? Download it from an OEM's website.

As this capability becomes readily available, these ECU remapping services could become a lucrative revenue stream for automakers. All the more reason, potentially, for OEMs to consolidate their rights to the ECU codes and lock out competitors.

For the aftermarket, this is worrisome territory. Many businesses already offer these ECU remapping services, which are also known as "chipping" and "tuning," depending on the particular enhancement offered.

The Specialty Equipment Market Association (SEMA) says it partners with automakers to provide access to the code that allows them to create vehicle-personalization products. "Our hope is that we can continue to work with the OEMs so that the aftermarket manufacturers are able to create the best possible products for consumers," said Mike Spagnola, vice president of relations and product development for SEMA.

Interpretation Could Have Broad Impact

Implications go beyond niche aftermarket products. Security researchers studying automotive cyber threats, whose out-in-the-open work has prodded carmakers to better protect their cars, could see efforts to publish detailed findings curtailed.

Hypothetically, the EFF says, the likes of General Motors, Honda and Ford could supply ECU codes only to repair companies they contract with – or steer that business entirely to authorized dealerships. Car owners' power to choose where they want their car repaired could be diminished.

"That's exactly what can happen, and we've seen the DMCA used to extend monopolies before," Walsh said. "It gives manufacturers the power to control secondary markets by leveraging the copyright law, if it doesn't include enough of a safety valve to allow for lawful uses."

The Copyright Office has granted prior exemption requests during the course of previous reviews of the DMCA, which Congress passed in 1998. If an exemption is granted, it must be reviewed every three years, according to the office, which says that 44 requests for exemption have been filed this year.

The Auto Alliance, a Washington DC trade group that represents the interests of major automakers, did not have an immediate position on the petition, according to a spokesperson.

[Nickshu]

"It gives manufacturers the power to control secondary markets by leveraging

Yep. Next year several MFGr's are partnering with cell phone companies to bring hotspot service. The new generation of OnStar starting in 2015 or 2016 is basically now just an AT&T phone plan. Audi has partnered with T-Mobile, the list goes on.

The issue for car companies I would think is that people can manipulate software in an ECU, then an accident or problem occurs which the MFGR is liable for, the person hides the modification, the MFGR pays a warranty claim or a lawsuit.

I have modern daily driver cars, but at this point I have no interest in owning any classic/project car that is newer than 1973. After fighting with the State of CO emissions guys about my '82 911 every 2 years I am done with that stuff. In my state we no longer have a 25 year or older emissions exclusion...no fun.

[miniman82]

Chrysler is, unfortunately, way ahead of you guys:

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They claim they did it to 'protect' the warranty, but naturally I believe there may be ulterior motives in play. Thankfully you can always replace the ECU with something else entirely, the relevant issue is what do you stand to lose in the process? Many ECU's these days don't control just the engine, you may lose things like transmission control or even the dashboard. Maybe Chysler will one day open the door to tuning, but for right now it seems they are content to keep the public in the dark. Oh well, no turbocharged Grand Caravan for me....yet!

[Nickshu]

Yup. My last few daily drivers which were all cars purchased new (Saab, Volvo, Ford, Subaru, Another Volvo, Chevy) all use BIU setups (Body Integrated Unit) that basically integrates about every function in the vehicle (from power windows to fuel injection) into one computer system. Not a new thing, this goes back almost 10 years now on most cars out there. Good that it's all integrated b/c it allows more programmability, but that's also bad since weird stuff integrates like on my Saab 9-3 when I put in aftermarket HID's and reprogrammed the BIU to send them 35w instead of 55w, then the rain sensing wipers stopped working. Good times.

[miniman82]

Right, it's a double edged sword: cheap for the company, often expensive for the consumer.

For example Chrysler in their infinite wisdom integrated the voltage regulator for the alternator into the PCM, so sometimes the unintended consequence of a simple battery light on your new Mopar isn't just a $150 alternator. It's a $600 PCM, followed by another $200 dealer charge to 'program' it to your particular vehicle (something to do with the VIN # they tell me). Infuriating to say the least! Last vehicle I had to service like this was a friend's older Durango, but thankfully he's a common sense (read cheap!) guy. Instead of replacing the PCM, we installed an aftermarket regulator box for $25. Cures the no-charge situation, but the battery light stays on for some odd reason. We ended up removing the light bulb from the dash, problem solved!

Dumb stuff like that is what keeps people like me scratching my head, what were they thinking when they designed it this way? I mean, did they not know 1-wire alternators have been around since Noah set sail or something? I've read in the PCM programming manuals that the computer orders up more charging voltage on cold days, because the battery charges slower when it's cold. Sounds like a smart thing, but the reality is a huge repair bill when it goes wrong. Think I'll stick to my 'dumb' 1-wire alternators, they haven't left me stranded yet.

[notched]

Many of the manufacturers have been allowing programmers to sell soft ware. GM and Ford especially so and much of the coding has been released by them as they actually condone people modifying their vehicles. Although try getting something power train covered once they find out the factory tune has been modified or replaced. Chrysler is the worst as far as software. They will not release anything. But after market companies such as Pro EFI and Holley sell plug and play set ups for many of the Chrysler performance vehicles.
Porsche, BMW, Audi, VW, Nissan, Toyota all have software available. But in the long run, if you want to have full control you switch to a stand alone system anyways.

[caraholic4life]

Right, it's a double edged sword: cheap for the company, often expensive for the consumer.

For example Chrysler in their infinite wisdom integrated the voltage regulator for the alternator into the PCM, so sometimes the unintended consequence of a simple battery light on your new Mopar isn't just a $150 alternator. It's a $600 PCM, followed by another $200 dealer charge to 'program' it to your particular vehicle (something to do with the VIN # they tell me). Infuriating to say the least! Last vehicle I had to service like this was a friend's older Durango, but thankfully he's a common sense (read cheap!) guy. Instead of replacing the PCM, we installed an aftermarket regulator box for $25. Cures the no-charge situation, but the battery light stays on for some odd reason. We ended up removing the light bulb from the dash, problem solved!

Dumb stuff like that is what keeps people like me scratching my head, what were they thinking when they designed it this way? I mean, did they not know 1-wire alternators have been around since Noah set sail or something? I've read in the PCM programming manuals that the computer orders up more charging voltage on cold days, because the battery charges slower when it's cold. Sounds like a smart thing, but the reality is a huge repair bill when it goes wrong. Think I'll stick to my 'dumb' 1-wire alternators, they haven't left me stranded yet.

I currently own a 2000 Plymouth Convertible with a whopping 47,000 miles on it. I frequent two different forums related to that car and have learned that the PCM, ECM, and any other computer is all but unavailable for my car should the need arise. Since Chrysler/Plymouth only produced 11, 700 or so of these cars in a five year period there has been little demand for these components so far.

The down side is there are not any companies out there that can successfully repair or rebuild these components for our cars. Many claim they are able to do it but have failed. Some folks have learned they can take components out of other model Chrysler vehicle to get their cars to run but some of the features no longer work. Another downside is the V.I.N. and mileage won't match which causes issues when it comes to resale and or emissions testing. I can see now that this will become a way for force cars off the road in the coming years when working computers are no longer available or repairable.

Just another way Big Brother may be able to regulate what we drive and for how long.

[66CorsaConv]

You guys don't need to worry about copyright violations if you try and "modify" your code. Be more concerned about turning an expensive little box filled with magic smoke into a paper weight.

If you think modern step-gear transmissions and EFI systems are complex... look into the hybrids and electrics. Nothing gets done in them without at least 3-to-4 controllers involved. Some new plug ins have 5 High Speed data busses in them for controller-to-controller communication.

It's NOT a single computer. It's Sky Net on wheels!

These machines will hopefully keep me working until I don't want to anymore. For therapy I have the 66 Corsa to work on.

[JBroomer]

This kind of thing makes you wonder what the collector car market will look like in, say, thirty years (or more), when you can't make the car run because the electronics are either not available or not repairable. The TR8 guys with FI run into this problem because Triumph, in all its intelligence, sourced the system from Lucas, who purchased it from Bosch, but, because we all know Bosch is inferior to Lucas, decided to "improve" the Bosch components. So while you can obtain Bosch components for 70s era systems, you have a tough time tracking down Lucas componentry for the "improved" Lucas version. Lucas also never released the schematics for the control box, even though it is literally decades later and that would help keep the cars on the road.

Consequently, I agree that it would be folly to buy anything new enough to have any electronics in it as a hobby car.

[miniman82]

I strongly suspect carbs will enjoy a new renaissance in about 30 years or so, because people will probably have to retrofit them to make one of today's engines run if the computer craps out. Then again, aftermarket controllers are getting cheaper and more sophisticated by the day. You'll probably be able to replace a stock computer entirely without a lot of fuss, the main thing would be engines with VVT because not all of them are an on or off affair.