Who owns your car’s brain?

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Years ago, I was active in the “speed” community.  No, I am not talking about the fact that I had (have?) a lead foot.   I raced cars. We modified the computer chips in car engines to augment the horsepower and performance they yielded.   One of the improvements actually increased the horsepower of Porsches by more than 100 HP!

ECU (twealed electronic control unit)

And, in that last effort, don’t assume the car manufacturers rolled over and let us proceed.  They threatened us with lawsuits, they told the car owners they were breaking the law.  And, that mental outlook has not really changed over the past 3 decades.

Right now, auto manufacturers are claiming that folks who modify the car chips are violating the Digital Millennium Copyright Act.  Which is why tinkerers, aftermarket shops, and even copyright activists are appealing to the US Copyright Office that an exemption is more than warranted.

You see, the problem is that these chips that run our cars, the ECU (electronic control units), also regulate things that are considered ‘safety features”- like emissions, steering, and the like.  And, the auto manufacturers claim that we don’t buy the car and its contents.  No, they aver we “license” the codes that run our cars and any changes to that code violate copyright law.

This is actually why our car mechanics have to buy diagnostic equipment that is approved by the manufacturers.  Claiming that changes put emissions and road safety at risk.  Of course, this assumes that no malevolent can hack into the software and turn a car on remotely, open the doors, etc.  Trust me- that scenario is about as truthful as our government protecting the information of 22 million employees with security clearances. (We will de discussing this more completely tomorrow.)

Consider thsee other facts.  I’ve rarely used the tires that are recommended (ok, demanded) by manufacturers.  I buy those tires with better traction capabilities, better heat resistance, to bether suit the drIvins i effect..  I’ve bought shocks (when there were shocks in cars) that let me drive over roads with equanimity.   No one complained about those changes, then- or now.

But, now the $ 35 billion aftermarket industry wants to get more control over our cars  After all, changing the tires on your cars typically means the powertrain software is no longer capable of providing the response one demands of their vehicle.

And, police vehicles, taxis, and commercial drivers all know they end up idling their cars far more than the manufacturers considered in their designs.  So, they need a tweak to the software to insure that they don’t overheat the vehicles and can improve fuel efficiency.  But, the manufacturers claim this is an illegal act.

My guess is no one will be entirely happy when the Librarian of Congress (this is the head of the Copyright Office) makes the decision by October or so.  Maybe now is the time you should be writing to let the Librarian know your thoughts on this issue.

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