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Automakers Say You Don’t Really Own Your Car
https://www.eff.org/deeplinks/2015/04/automakers-say-you-dont-really-own-your-carEFF is fighting for vehicle owners’ rights to inspect the code that runs their vehicles and to repair and modify their vehicles, or have a mechanic of their choice do the work. At the moment, the anti-circumvention prohibition in the Digital Millennium Copyright Act arguably restricts vehicle inspection, repair, and modification. If EFF is successful then vehicle owners will be free to inspect and tinker, as long as they don’t run afoul of other regulations, such as those governing vehicle emissions, safety, or copyright law....
Most of the automakers operating in the US filed opposition comments through trade associations, along with a couple of other vehicle manufacturers. They warn that owners with the freedom to inspect and modify code will be capable of violating a wide range of laws and harming themselves and others. They say you shouldn’t be allowed to repair your own car because you might not do it right. They say you shouldn’t be allowed to modify the code in your car because you might defraud a used car purchaser by changing the mileage. They say no one should be allowed to even look at the code without the manufacturer’s permission because letting the public learn how cars work could help malicious hackers, “third-party software developers” (the horror!), and competitors.
John Deere even argued that letting people modify car computer systems will result in them pirating music through the on-board entertainment system, which would be one of the more convoluted ways to copy media (and the exemption process doesn’t authorize copyright infringement, anyway).
The parade of horribles makes it clear that it is an extraordinary stretch to apply the DMCA to the code that runs vehicles. The vast majority of manufacturers' concerns have absolutely nothing to do with copyright law. And, as the automakers repeatedly point out, vehicles are subject to regulation by other government agencies with subject matter expertise, which issue rules about what vehicles are and are not lawful to operate on public roadways.
Most of the automakers operating in the US filed opposition comments through trade associations, along with a couple of other vehicle manufacturers. They warn that owners with the freedom to inspect and modify code will be capable of violating a wide range of laws and harming themselves and others. They say you shouldn’t be allowed to repair your own car because you might not do it right. They say you shouldn’t be allowed to modify the code in your car because you might defraud a used car purchaser by changing the mileage. They say no one should be allowed to even look at the code without the manufacturer’s permission because letting the public learn how cars work could help malicious hackers, “third-party software developers” (the horror!), and competitors.
John Deere even argued that letting people modify car computer systems will result in them pirating music through the on-board entertainment system, which would be one of the more convoluted ways to copy media (and the exemption process doesn’t authorize copyright infringement, anyway).
The parade of horribles makes it clear that it is an extraordinary stretch to apply the DMCA to the code that runs vehicles. The vast majority of manufacturers' concerns have absolutely nothing to do with copyright law. And, as the automakers repeatedly point out, vehicles are subject to regulation by other government agencies with subject matter expertise, which issue rules about what vehicles are and are not lawful to operate on public roadways.
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