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Should the OEM Own the Car You Paid For?

Posted April 29, 2015 12:34 PM by HUSH

Even 14 years after Napster was taken behind the woodshed and shot by copyrights lawyers, online piracy continues to thrive. Sure, it takes place in different formats, whether it's ripping songs off YouTube or tormenting anonymously, yet there has been no true solution for media piracy, just more hilariously-ironic advertisements.

When anything of worth becomes available, there is always money to be made or saved by making counterfeits or modifications (see: Chinatown, Manhattan, N.Y., USA). Now a new copyright legal fight is set to take place, one that will determine exactly how much of that car in your driveway you own. This upcoming July the Copyright Office will decide who owns the car you bought (not leased), you or the manufacturer.

It seems like nonsense-after all, you own the things you pay for, right?-but several manufacturers seem intent on interpreting copyright law to make it so they own their products forever. Car buyers are instead purchasing a user's license, not a product.

This all kicked off when John Deere recently submitted a comment in response to the Digital Millennium Copyright Act, a 1998 law that criminalizes all means to bypass digital rights management strategies. John Deere claims that the extensive coding found within all their modern agricultural equipment is subject to the DMCA, which inherently makes it and the hardware it commands property of John Deere. This is the same argument propped up for years by cell phone companies that allowed smartphones to be locked with certain companies-an argument that was eventually defeated.

Several automotive OEMs agree with John Deere, such as General Motors. Automotive OEMs pointed out that modifying the software of a vehicle could change how it operates, whether it's used for breaking the speed limit or emitting too much carbon exhaust. (Never mind that these are separate issues not related to copyright infringement.) Therefore the only solution is for people to own the hardware, but for them to have no say about what code runs through it, and to make it illegal for them being too curious about it, right?

This illustrates one of the fundamental problems with technology ownership. You can never regulate how people use things they bought. Once that transaction has taken place, people should be able to modify and hack devices however they please. Not only will this inspire ingenuity, but it could also improve cyber security as a whole. Many times white hats are prosecuted for exposing security risks, when they're trying to help or just explore. If the Copyright Office sides with the OEMs, this would also eliminate much of the self-service performed by at-home grease monkeys.

Apparently farmers are turning towards older equipment to prevent this sort of issue. If the Copyright Office ends up ruling in favor of the OEMs, many more classic and ol' beater autos are going wind up on roads. Now that could really screw up the emissions goals.

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#1

Re: Should the OEM Own the Car You Paid For?

04/29/2015 1:37 PM

The technology of newer farm equipment is really going off the charts. I recall back in the 70's John Deere as well as other high agricultural equipment such as Dickey-john
SOme I can see the usefulness with GPS satellite for planting, spraying and fertilizing. Their was a use for it.... the larger farmers anyways.

But some of the high teck that was going on the equipment was at times was a good concept but less practical. I recall International Tractors has wheel slippage using actual ground speed compared to actual output. These tractors were $12,000-$15,000 more than the competition, (maybe with the exception of John Deere). and after sluggish sales eventual J.I. Case purchased them.

Its my opinion that there is going to be a niche in the market to bring back the basics to agriculture. i.e. less bells and whistles.

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#2

Re: Should the OEM Own the Car You Paid For?

04/29/2015 2:35 PM

So who owns my stereo when I'm playing some music? Is it me, or Sony? Or perhaps it's owned by ASCAP, SESAC, or BMI.

I'd make additional comments, but I'm concerned I might infringe on the rights to the laptop I'm using. I'm not sure now if I own it, or Samsung, or Microsoft.

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#3
In reply to #2

Re: Should the OEM Own the Car You Paid For?

04/29/2015 3:28 PM

Sounds like you have problems,.....

Hello, My name is Barry, I'm from the government and I'm here to help you.

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#4
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Re: Should the OEM Own the Car You Paid For?

04/29/2015 4:00 PM

Quick Usbport , hide your tape decks and mix tapes.

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#14
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Re: Should the OEM Own the Car You Paid For?

04/29/2015 11:03 PM

They'll have to pry my cold, stiff fingers off my 8-tracks.

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#5

Re: Should the OEM Own the Car You Paid For?

04/29/2015 4:17 PM

yet there has been no true solution for media piracy, just more hilariously-ironic advertisements.

Oh no I enjoy being forced to watch these on all my legally purchased DVDs every time I watch them while pirated copies have these warnings removed.

There is a big difference between cell phones and cars. It's like comparing a computer to a toaster, which one do you think demands flexible 3rd party or even personal programming for peak product usability and productivity.

Like a toaster a car only does one thing and hence is designed (generally) to do it well. Modification of car code does little to improve or enhance the performance so why bother (yes 3rd party code modification can enhance vehicle performance at the cost of something else).

This starts to get a bit tricky when you start talking about vehicle media centres, satalite nav systems, etc supplied with the vehicle and hence potentially under the same copyright law, but who wants to alter those when it is easier to just buy one more suited to your personal needs.

It's one thing to protect your own inhouse specialised software IP, its quite another to force it on others when better alternatives exist.

Next it will be the insurance companies. "ohhh that car software has been modified from OEM standard - CLAIM DENIED on that truck that rear ended you in the parking lot when you were away from your vehicle.

A slippery slope.

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#6

Re: Should the OEM Own the Car You Paid For?

04/29/2015 4:54 PM

Yes, and the food you eat,.... Well the farmer still owns that too...... And he wants them back..... Unprocessed.

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#7
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Re: Should the OEM Own the Car You Paid For?

04/29/2015 5:12 PM

Sorry, some assembly and reprocessing required.

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#8

Re: Should the OEM Own the Car You Paid For?

04/29/2015 5:40 PM

Microsoft says that YOU do NOT own the Operating System in YOUR computer...they do...you've just paid for the rights to USE it...and, once they (MS) quit supporting it, they STILL claim it's theirs.

Samething applies to the BIOS codes.

Hm-m-m-m, just what does post-processed OS and BIOS coding look & smell like (wink,wink)?

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#10
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Re: Should the OEM Own the Car You Paid For?

04/29/2015 5:48 PM

Woah, someone actually read the software terms and conditions (the ultimate in long winded, legal jargon user manuals).

The OS is a bit different, it's not like you purchase a computer preloaded with it and are stuck with it never able to change to another OS. Besides, who would want to personally modify or steal and reverse engineer that bloated mess anyway.

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#9

Re: Should the OEM Own the Car You Paid For?

04/29/2015 5:44 PM

I find the not sharing music and movies or shows thing to be way too big a grey area.

As I see it if I can listen to a song and download it legally from a website like a radio stations archive (IheartRadio is one very good example of a legal mass free shared music source) or such other similar version for TV shows and movies then why can't I share that same free download with someone else?

I mean I got if for free through a free legal sharing site so why now is it illegal for me to share it with someone else?

As far as I see it is like filling a water bottle from a public drinking fountain having a sip myself then getting hammered down on for illegal sharing by the water commision because I geve a buddy of mine a sip of my free water I got legally because it came from my water bottle instead of their drinking fountain where it's free to begin with.

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#11
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Re: Should the OEM Own the Car You Paid For?

04/29/2015 5:53 PM

My understanding is it comes under the fair personal use policy. The same with DVDs containing all those warnings about not being able to be played to large groups of people (regardless of if it for profit or not).

Can you imagine if the tape, VCR and all other personal media storage hadn't been invented and integrated into our culture yet and they were trying to bring it out now.

"Record TV and radio programs for personal use, outrageous you pirate scum!"

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#12

Re: Should the OEM Own the Car You Paid For?

04/29/2015 10:00 PM

Who here is opposed to freedom of speech?

.

It seems to me that a person should be free to say the things they want (movie theater fire type exceptions noted) even if another person has said those exact words previously. Yes I believe freedom of speech should include imitation....even really good imitation.

.

Musical expression is just one form of speech. Once you accept that fact, the problem becomes clear: half-free isn't freedom. Freedom to purchase speech but not to express it without purchase, merely because someone with sufficient lawyers has made a business of expression squatting, isn't actually freedom.

.

To those who worry that fewer songs will be written if millions are not at stake; I doubt we will be worse off for lacking those songs for which that was the primary motivation.

.

Perhaps it is time to rethink copyright law. I'm beginning to think the curtailment of free speech is too great a price to pay just so that the expression squatter can maintain their lucrative business models of monopolies on various expressions.

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Re: Should the OEM Own the Car You Paid For?

04/29/2015 10:28 PM

".... whether it's ripping songs off YouTube or tormenting anonymously ...."

.

'Tormenting anonymously' giggle chuckle snort.

....I guess for the devout believers in the righteousness of the DMCA, torrents probably do torment.

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#15

Re: Should the OEM Own the Car You Paid For?

04/30/2015 4:29 AM

Actually I'm all for the manufacturer owning my car - they can service it, fix it when it goes wrong (generally the electronics these days) and look after it for me, and dispose of it when it's reached the end of its useful working life. They can also pay all fees to enable it to be used on a public road and support me should I have an accident - after all maintaining "their" property in a roadworthy condition ready for my use is, surely, then my legal right.............discuss.......!

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#16
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Re: Should the OEM Own the Car You Paid For?

04/30/2015 7:00 AM

and the bill you pay prior to the work/service to be performed.

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#19
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Re: Should the OEM Own the Car You Paid For?

04/30/2015 1:22 PM

Yeah, that's what I want, cars on the road that crash as often and as severely as some operating systems, along with the unforgettable support that is a dream to access and works tirelessly to keep everything operating normally.... however dysfunctional that normal might be.

...and you thought you'd experienced long delays with heavy network traffic....

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Re: Should the OEM Own the Car You Paid For?

04/30/2015 1:27 PM

"Yeah, that's what I want, cars on the road that crash as often and as severely as some operating systems, along with the unforgettable support that is a dream to access and works tirelessly to keep everything operating normally.... however dysfunctional that normal might be."

Don't forget having to use a 'Start' button to stop the car, and a 'stop' command (Ctrl-Alt-Del was intended as a way to 'brak into' a program cycle if the computer was stuck in an endless loop) to start it.

Man, if Bill Gates had a nickel for every time Windows crashed ... oh, wait, he does.

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#21
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Re: Should the OEM Own the Car You Paid For?

04/30/2015 2:32 PM

"Are you sure you want to apply the brakes? Select 'Yes' if you want to continue"

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#17

Re: Should the OEM Own the Car You Paid For?

04/30/2015 11:53 AM

In the end it will be an annual service charge you pay, like the surcharges you pay on natural gas, electricity ect.

What ever puts the most money in their pockets is what they want.

My biggest problem with the whole software agreements is they ALL without exception do not guarantee anything to work correctly or be suitable for the application. If I pay for something they should have to at least have more responsibility than a refund.

A car or tractor has a purpose and it's a whole package the owner should be able to do to it whatever they want!

Just Saying!

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Re: Should the OEM Own the Car You Paid For?

04/30/2015 1:01 PM

"My biggest problem with the whole software agreements is they ALL without exception do not guarantee anything to work correctly or be suitable for the application. If I pay for something they should have to at least have more responsibility than a refund."

Thats similar to hiring a lawyer in court. You hire them to represent you not to represent you well and win.

Personally I would like to see all lawyers work under a payed if successful contract where if you don't win your case you don't pay them being most anyone could lose a case themselves for free. I know I could.

As far as vehicle ownership goes if I can't modify things to suite my whims including the electronics and software I do not want that vehicle.

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#22

Re: Should the OEM Own the Car You Paid For?

04/30/2015 7:42 PM

I'm going somewhere else. This whole thread is too depressing!!!

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#23

Re: Should the OEM Own the Car You Paid For?

05/02/2015 4:12 AM

Now if there was a choice of operating systems and programs for non Apple cars things could get interesting.

Otherwise if the OEMs insist on owner ship then they can maintain the thing too. It will suck when the support ends. Maybe not, it will open up a huge aftermarket DOT compliant vehicle OS reflash industry.

OEM ownership of the vehicles SW is the same as the OEM owning a bloody piston....can't see it happening which means it will.

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