"With cars now being computerized, can manufacturers assert copyright and trade secret rights over software? Over standards?"

A very interesting read that applies to all new "computerized" cars, especially the MINI, and the rights of the aftermarket.

 

Since the ECU controls the EFI system, and that is directly related to emissions, wouldnt changing fuel maps be illegal? I was always under the impression that any ECU flash was intended for off road use only. The way many of the aftermarket products are. Legal to sell...illegal to use on a street.

 

Well if the OEMs had their way, it would be illegal to even look at the ECU w/o their equipment, let alone update it!

 

Why would it necessarily be illegal? So long as the emissions are within the specified local standards it seems that the change shouldn't matter. For example, if my ECU remap keeps the car from running overly rich, the change could actually be better for emissions.

I'm no lawyer (and don't ever care to be one or even pretend) but it seems to me that changing the software shouldn't be illegal any more than adding any other after market part if it doesn't adversely affect vehicle performance.

 

Pick up a copy of your states DOT rules and you will find that almost every mod you do is technically illegal...down to not using the manufactures suggested oil. You may pass any standards the EPA lays down, but its still illegal to mod your car (aside from interior non safety pieces, and exterior mods that dont affect the structure of any panel or part of the car), unless your not using it on the track. Any work to suspension, I/H/E lights, head, block etc. is all illegal.

 

most of the remaping I have seen ussually Leans out the map...making it better for the envro....

that aside I think it is very important to keep the computers accesable to the public and other shops...it is the age now...it is no longer a carb adjustment...and so tuning shops have to step up...but lets be honest...most dealers do not tune...they just plug and play what then know is available...

as for the legality of it...that varis from state to state...out here in AZ there are trucks that are so lifted with tires so huge its out of Mad Max...but it's legal...as long as the have lights in the right spot...

I have spend hours on Dynos with computers trying to map cars...and I am by no means an expert...but if we can dial in the cars they will run pourly...and I'm sorry if we cannot have fun with modding our cars or computers or..bicycles...or whatever...then what's the point...put me in a cubical and let me pull a lever ever day till I am dead

 

I completely agree with you...and the "laws" have yet to stop me from safely modding every car I have owned since I got my license. And while the laws very, I would bet that those monster truck lifts arent legal as per the AZ dot regulations, but aren't inforced. If the police wanted to...they could pull over every modded car they see and write tickets to no end. The problem with that? Most cop cars aren't legal either

 

Do I own my ECU?
Yes, I own the MINI so I own the ECU hardware.

The ECU software rights belong to MINI. I can't steal them and sell them as my own. If I upgrade my ECU and reflash it, the new software is not mine, I've just bought the license to have it installed so that I can use it. I can't sell the upgrade nor a custom tuned version of it as my own, even if I paid for the tuning time.

Within State and Federal Laws I can modify my car in all of it's systems if I can still comply with the written regulations for legal street driving or for passing any emissions standards.

If I do modify I accept responsibility for my actions, in case I do more harm than good to my car and it's performance.

 

Well the OEMs would like to make modification of the ECU against the law. The way they do this is they classify the product the same as other computer systems and it falls under the DCMA. No reverse engineering, no modification, no peeping, no NOTHING! We may say to ourselves, well they can't stop us. Well we have seen the power of these big companies many times. Look what BMW did with the MINI name and this website as well as many others. You get enough lawyers and enough money rolling behind this kind of thing and the term hacker could quickly come to refer to the guy hiding in his garages doing code mods to his ECU hoping the Feds don't find out. Do you own your ECU? Guess that depends on your definition of own.

 

They can put a lock box on the ECU. That would keep prying eyes away. Open the box with a code from the dealer and the ignition key.

Oops I gave them an idea.

The ECU pretty much controls the car so messing with it can screw up everything.
Do we really want to take that risk?

On the other hand once your MINI is out of warranty you can do whatever you like.
No one will know except you and your MINI. VVVVRRRRRRRRRROOOOOOMMMM

 

Where are you gonna get the information if they (OEMs) go after everyone who makes it public? You won't be able to buy a UniChip or Shark Injector. None dealer repair will be wiped out. If you attempt to tap into the CAN and publish the information to others, you are at risk. You want the extended set of codes for your ODBII connector? Sorry, thats protected. It will very affectively shut down a segment of the aftermarket and none dealer repair facilities. We would be forced to turn to remplacement standalone ECUs with 100% copywrite free software. But be careful, some of the information that you used to write that new software or tap into the CAN may get you into trouble too. It is a very difficult situation when OEMs want to create closed systems and protect them with laws such at this.

 

I don't plan on doing anything with my ECU.
But I do plan on sitting in my heated comfy seat,inside a curvy cube,and pulling the lever on the floor alot

 

As far as I know, you own your ECU....the hardware. You also have license to use the programming that is on the ECU for the purposes of running that car. You can also change the parameters. However, you probably won't get support from the software owners if you do so. This makes sense as you have modified the ECU to do something other than what it was originally designed to do.

What is illegal is if you make a copy of that ECU and use it (the copy) for something else (like putting it in another car). Also it is illegal if you attempt to reverse engineer that ECU and use the knowledge to build your own. It is the intellectual property part of the ECU that you have no rights to.

Does this help?