Who Owns Your Car?

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You may have heard about what are styled right to repair laws. The term is a measure of just how owned we’ve become.

You buy a car, but the data stream you have to have in order to be able to diagnose what’s wrong with it – in order to be able to repair it – is not owned by you. At least, that is the position taken by the vehicle manufacturers, collectively. They insist that while they are ok with you being allowed to physically possess the vehicle, they get to decide who gets to repair it – by restricting who can access the data stream necessary to diagnose what’s wrong with it.

They have asserted this right control repair by asserting that only they – via their proprietary diagnostic equipment – may access the data stored in and transmitted by what they implicitly consider to be their vehicle. They have asserted this by preventing the owner – or should it by styled the possessor – from having access to the data generated by the vehicle. This effectively forces you to come to them – to their authorized dealers – when the vehicle they allow you to possess (and to pay for) needs fixing.

Even independent mechanics cannot diagnose – and so are unable to fix – certain makes/models that are “sealed” to them, too – because they do not have the authorized proprietary equipment to to open them up. They can raise the hood of course – but only to look.

They might as well just leave it down.

Enter what are styled right to repair laws. These are laws that say you – the person who paid for the vehicle and any other person you authorize – have a right to know what’s wrong with your car, in order to be able to repair it yourself. Or have it repaired by someone other than an “authorized” (by the manufacture of your vehicle) dealer. A case in Massachusetts was just decided that says the person who owns the vehicle has the right to access the data necessary to repair it. More finely, the vehicle manufacturers – that’s plural, so all of them – have no right to lock the owner or his chosen mechanic out of the vehicle, by denying then access to the data that is needed to diagnose and repair it.

Judge Denise Casper dismissed a challenge by the vehicle manufacturers’ oddly named lobbying entity, the Alliance for Automotive Innovation, that asserted only the vehicle manufacturers or their authorized dealers have the right to that data because otherwise “people” might tamper with or even defeat emissions controls (specifically, the programming that controls a late model vehicle’s emissions control systems).

The word is bracketed in air fingers quote marks to make a point that no specific person was produced who had done what was alleged to be the justification for locking people out of their own cars.

So to speak.

It’s of a piece with the successful attack on people’s right to buy VW’s very clean TDI diesel engines. You may recall the ominous allegations emanating from (this time) federal regulators about the danger “people” were being exposed to by TDI diesel engines that were alleged to be not-clean because under wide-open throttle, they “emitted” a fractionally larger percentage of a regulated “emission” (oxides of nitrogen) and this violated federal emissions standards. This was presented as being synonymous with dirty. More finely, it was (and is) conflated with “dirty,” so as to cause people to believe it is “dirty.”

VW’s TDI diesels weren’t. But that did not matter.

Note the fact that not even one actual person was produced – dead or alive – as evidence to support the assertion that VW’s clean diesels had caused anyone any tangible injury. Nevertheless, VW was forced to buy them all back and most people who owned one took the check because of the reputational damage done by this inquisition to the resale value of their TDI-powered VWs.

VW was also effectively forced to throw away its entire business model and replace it with a new one that involved “electrifying” everything VW sold. Unfortunately for VW, “electrification” isn’t selling very well.

In the case of the challenge to right to repair laws, the industry was making the allegations of harms caused – without having actually substantiated the allegations with evidence. And this time, the unsupported allegations were dismissed.

“Today is a big win for both consumers and local independent repair shops alike,” said Tommy Hickey, who is the executive director of the Right to Repair Coalition, which has been fighting for just that since 2019. In 2020, a ballot initiative was passed in Massachusetts with overwhelming voter support that would have required vehicle manufacturers to “share” – strange usage – the data generated by the cars they sold with those who purchased them. 

The Alliance for Automotive Innovation immediately went to court to contest – and block – the initiative. It has taken nearly five years for this business to work its way through the judicial colon but for once – this time – the right side won. 

But there is one more battle that needs to be fought if vehicle owners are to be just that in any meaningful sense. They must have the right – and the power – to lock out the manufacturer or any other party that does not have the specific permission of the vehicle’s owner to access the vehicle’s data, either stored or transmitted

That latter word is italicized  to emphasize a fact not well known about vehicles made since about ten years ago, which is that they emit data – about all kinds of things, including things that have nothing to do with the vehicle’s state of tune or its emissions but much to do with your preferences, including how you prefer to drive.  

The data emitted is received by the vehicle’s manufacturer and any other party authorized by the manufacturer. The insurance mafia, or instance. It is not generally understood that when you buy a new car, you agree to this by signing what amount to a ULA – a user license agreement – your “agreement” buried in the arcana of the paperwork.

This “agreement” is of course a species of trickery as everyone knows that almost no one ever actually reads the proverbial fine print. So how about it be put in big print – so that everyone who buys a new car knows the score and has a meaningful opportunity to opt out and become the owner of the car they just bought?     

Including the data it emits. 

. . .

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52 COMMENTS

  1. Your car is an extension of you. This is about dominion and control over you. Every aspect of our lives involves arrogant govt assholes, even death.

  2. Who Owns Your Maps?

    Leftist APe News howls in wounded-animal outrage:

    ‘The White House barred a credentialed Associated Press reporter and photographer from boarding the presidential airplane Friday for a weekend trip with Donald Trump, saying the news agency’s stance on how to refer to the Gulf of Mexico was to blame for the exclusion. It represented a significant escalation by the White House in a four-day dispute with the AP over access to the presidency.

    ‘The administration has blocked the AP from covering a handful of events at the White House this week. It’s all because the news outlet has not followed Trump’s lead in renaming the body of water, which lies partially outside U.S. territory, to the “Gulf of America.”

    ‘AP reporters and photographers travel with the president virtually everywhere as part of a press “pool” and have for decades. AP journalism serves millions of readers and thousands of news [sic] outlets around the world.’

    https://apnews.com/article/trump-ap-news-ban-air-force-one-b90b8b842d63aef9960ccffb4a657dc2

    Did you catch the word ‘credentialed’ in the lede? Give way, imperial retinue. A presstitute’s ‘credential’ is an ‘open sesame’ pass, just like my Taylor Swift fan club card which parts the Red Sea when I choose to enter exclusive clubs, bypassing the queues of proles shivering in the icy weather outside.

    Look upon my works, ye mighty, and despair.

    For the record, changing maps at least should be a decision of the people’s rum-soaked rabble in the House of Ill Repute.

    I’ve had enough of reading things
    By neurotic, psychotic, pig-headed politicians

    No short-haired, yellow-bellied, son of Tricky Dicky
    Is going to Mother Hubbard soft soap me
    With just a pocketful of hope

    It’s money for dope
    Its money for rope

    — John Lennon, Gimme Some Truth

  3. What about the right to materially alter code or to interface with the computer / how the computer interacts on it’s CAN Bus?

    This lends credence to the disingenuous argument about defeating emissions, but on say a ford, if you hack the computer you could enable bio-fuel maps, change sensor values for supporting mods.

    I think the vehicle should be yours. Everything right down to the chips and the software.

    If you screw with it, it should have to pass smog via a “sniffer”. The only argument they have is they don’t know to do that on OBDII systems, unless you tell them to.

    Screwing with it is your right, and whether or not it complies with Federal/State/Local is between you and the government.

    EV’s screwed it up by taking this to another level, the higher potential for said hypothetical victim due to the Owner modifying something. More tangible than fraction of a % of NOx during a drive cycle.

    The other argument against our rights is the selling of trade secrets when doing all of this. Which is a bullshit argument, especially on regular cars.

    I think from a regulatory standpoint, in order to shut the politicians up, to which I am considering linking this article,

    What is needed is an industry guidance published, that the computer on boot does a hash check of it’s code, and lights a defeat light on the dashboard to tell the technician to use a SMOG machine instead of checking the drive cycle completion status on OBDII, in the instance that the code running is not the same as backed up on a PROM or ROM sector.

    This would apply to advanced driver assistance technologies unlike and not including ABS or basic traction control. A check that nobody has changed the algorithm for which steering inputs are applied in self-driving esque scenario.

    It used to be before OBD, that if you could get more MPG and make an engine cleaner and more efficient by any means, and it passed the SMOG machine, it was still in compliance.

    With OBD, if you did something to trick the computer, and make it more efficient, such as bypassing a sensor to make it run differently, to tune it, change the map, ect. it would still comply or not, and if not that is the customers decision to turn it into off-road use only. If they want to take it on a highway, it would have to be tested manually, because the OBDII drive cycle self check may not be correct – VW’s error?

    An idiot light for code shouldn’t even be required. To hell with this!

    What about the right to modify? I keep thinking how to suck up to this swamp creature of a congresswoman in District 04 VA. I’d like to see that B* do something other than be a swamp creature but she’s bought and paid for already. Just hypothesizing industry controls to give in a give and take scenario.

    Just as the McDonalds ice cream machine, and John Deere tractors GPS driving,

    We have right to repair and right to modify, under the definition of the word ownership.

    The manufacturer, already has terms on their software on the dealer side of things, which they don’t want anyone with their own Ford IDS laptop.

    So how about a 2 way NDA when you buy the car? I won’t tell how to interface with the car if some bad actor brings me a dealer laptop overnight *Cough*Cough*, I mean I figured out how to get in to the computer magically on my own,

    and Ford shouldn’t have access to data, without my knowing about it writ large for me.

    Right to repair, and right to modify.

    I would rather rip all the guts out and use an aftermarket open source computer, that only runs the engine, and for that I would sacrifice the demand by swamp creatures that an idiot light goes off, that does not necessarily state that I’m out of compliance, but indicates to the tech to wheel out the SMOG machine.

    The only problem with that is that if I want to make my own kit car, I should not be required to install this idiot light, along with all the other junk that is required without warrant like backup cams, or having a federally approved type of frame such as in VA.- That I didn’t register to be a manufacturer of cars and crash 16 of my sandrail frames and have weld testing on the product to meet FMVSS for my damn kit. Sort of a side issue but it’s regulatory all tied together with hypothetical nonsense.

    I still state that if I own the thing, I own it down to the ones and zeros and the chips too. And I have a right to run my own code or replace the computer, and it should have an equivalency test for SMOG used, and there is no risk if it’s not capable of self driving, that my emissions weren’t going to harm anyone anyway.

    And you’re right about emitting data.

    Jesus, look at how far we’ve come. What ever happened to you buy the car, and you get a key, no terms of service.

    Perhaps some of these partial thoughts will help somebody refine an idea, otherwise I would have kept it to myself. Goodnight all.

    • Preach it, Steve!

      I agree completely. If you buy a thing, then it ought to be your thing. Not under the control of someone else. But we have a long way to go to get back to that idea.

  4. Engine light came on so I took it to the dealer. The software said I needed a new manifold. The dealer replaced it at an outrageous cost and the engine light would not go out. Fifteen years later the light is still on and my Ford truck runs fine.

    This software is a dealer/manufacturer scam. Time to rule in favor of the consumer.

    • Ditto with my Hyundai Elantra, they said I needed a new engine….1 year and 6000 miles later I sold that car to an Uber driver. still going strong 3 years later.

  5. Tech companies are doing the same thing with phones, pc’s, tablets etc, anything to forcefully prevent the owner from making repairs and initiate new revenue by forcing out all competitors.

    It’s about as unamerican as censorship.

  6. “…the vehicle manufacturers’ oddly named lobbying entity, the Alliance for Automotive Innovation…”

    Funny how this lobby does not lift a finger to push back against the CAFE standards.

    “…independent mechanics …can raise the hood of course – but only to look.”

    Perhaps the manufacturers should just leave out the hood altogether, just like they left out the transmission dipstick. “Lifetime mechanicals.”

    • “… the vehicle manufacturers’ oddly named lobbying entity, the Alliance for Automotive Innovation …” — Raymond J

      It is actually the Alliance for Automotive Annihilation, headed by gay tranny midget John ‘Bozo’ Bozzella. It includes not only most auto makers, but craven parts suppliers too.

      All of them, individually and collectively, comprehensively suck.

      The Alliance for Automotive Annihilation cannot be reasoned with. It cannot be reformed. It can only be burnt to the ground by civic-minded drivers.

  7. A friend had issues with leaking coolant on his 2015 Ford Edge. Took it to the stealership for diagnostic (first and likely fatal mistake). The issue is a leaking water pump, on most vehicles already a PITA. This particular engine has it integral with the DOHC timing belts, so the upshot is that the dealer wants $3800 to replace that water pump. If “J’ were really intent on keeping this ride, a rebuilt engine, even if it cost $8K, would make more sense. This ride would be a boon to some kid that could spend a few months on it in his backyard, but I’ll wager that car will be “locked” out to forestall that.

  8. A state court decides what a business must or must not do via civil suit. OK, I’m on board so far. Will the auto company comply or appeal? During the appeal process will the auto company voluntarily comply with the state order? No? Then the auto company is enjoying injunctive relief while they file their appeal. Should they post an injunction bond in this case if they lose their appeal? Why do the auto companies get to not comply with the order while they appeal, and the Trump administration gets no such luxury?

    Trump, so far, seems to adhere to the judicial supremacy idea that courts and judges have the power to stop the executive branch while the plaintiff gets injunctive relief while the case makes it to higher courts. What Trump must demand before he stops moving forward on anything:

    “(The plaintiff) To obtain a federal injunction bond, you’ll need to provide documents such as a complaint, court order, and financial statements. The bond amount is determined by the court and is based on potential damages to the defendant. ”

    In the state auto data access case then this could be lost revenue from every independent mechanic[s] who could not work freely on the vehicles in question. Perhaps $ millions of lost revenue?

    As for Trump, pick any issue under court order to stop and this would run into the multi-millions if not Billion for the plaintiff bond if allowed to proceed and enjoy injunctive relief. These rogue judges are not superior to other branches of government and do not get to order the executive branch around. As Andrew Jackson told the Supreme court; “John Marshall has made his decision; now let him enforce it.”

  9. The EULA system started with Bill Gates’ Microsoft DOS operating system.
    One could not (legally) purchase a copy of the operating system without purchasing hardware. The “operating system” came with the hardware and was “licensed” to the “end user”. The “end user” did not “own” the software, but merely had the right to use the software.
    Those of us who built our own systems (hardware) knew where we could obtain a copy of DOS without purchasing it as a part of a “system”. The same thing for Windows (uggh!) as well.
    Thankfully, Linux is now a force, much more robust that Microsoft products and is “free” as well…

  10. Defining “ownership” may be an issue for the law, but isn’t the answer here to not buy the offending products?

    Isn’t the hero here not some lawyer, but the manufacturer who gives their customers what they want?

    Isn’t the only role for government to stop prohibiting this hero from emerging?

  11. The EULA, the timeshare, the government mandated and enforced contract (insurance, Waste Management) all are usury and all are illegitimate and illegal on their face under the first amendment and the equivalent states’ constitutions.

    So, what are we doing about it other than bitching and voting? The time for mass civil disobedience has been here for decades.

    • I agree 100% with Ernie. Civil disobedience is required.

      The easiest solution is the power of the purse. None of us should be signing a ULA. There isn’t a car out there that is worthful sacrificing our freedom for. As for the tracking devices in our current modes of transportation they can be ripped out, disassembled, and destroyed. We own the vehicles we are not obligated to share our personal information, conversations, phone, etc. will an auto manufacturer, government, or insurance agency. We all know it is not for our safety. If anything corporatism is going out of their way to make cars more unsafe.

      To quote Henry David Thoreau:
      “Unjust laws exist: shall we be content to obey them, or shall we endeavor to
      amend them, and obey them until we have succeeded, or shall we transgress
      them at once? Men generally, under such a government as this, think that they
      ought to wait until they have persuaded the majority to alter them. They think
      that, if they should resist, the remedy would be worse than the evil. But it is the
      fault of the government itself that the remedy is worse than the evil. It makes it
      worse.”

      • Hey Raider,

        Some other guy once summarized that we have a moral responsibility to disobey unjust laws. Of course, somebody shot him. Probably those who have a vested interest in people being obedient…

        But he was right. Just the act of widespread disobedience renders the Powers powerless.

      • “As for the tracking devices in our current modes of transportation they can be ripped out, disassembled, and destroyed.”

        Not so much. You will quickly find that things like the GPS, modem, and cameras are all integrated into the vehicle architecture and are not simply removed without affecting other functionality.

    • Unfortunately, who owns your vehicles?
      Not you…
      1. The bank, till your loans paid off…
      2. The (((government))), forever…cuz taxes!
      Don’t think so?
      Try driving your vehicle if you don’t pay the property (extortion) tax & see what happens when the AGW’s stop you for made up charges…

      Every day the Sovereign Citizens movement makes more sense to me…

  12. Nice for us to win one but I don’t think this is over yet. My local mechanic said the auto companies want to charge big bucks fees and such for the equipment necessary to access the data. Not sure if the automakers will try to jump this to the Supreme Court to get it overturned but nice to see some actual “democracy” at work, only took six years 😆.

    • I’ve considered buying a more modern scan tool but now they operate on a subscription base. As far as I know their functionality doesn’t expire for at least some of them but they may be unless on a newer than the last software update car rather than just limited like older stuff often is with newer stuff.

      In any case I think the aftermarket scan tool companies will continue to find ways around the blocks automakers put up. They can afford to purchase an actual dealer tool and reverse it as they’ll make the money back doing so.

      Another wrinkle is that automakers are doing subscription services to their scan tools/software. Even single repair type deals. Of course it’s just another way to get money and make things difficult for people.

      • Hi Brent,

        I’ve decided never to own a vehicle that I cannot service. I do not want drive-by-wire anything. Or a touchscreen. Or any iteration of “assistance.” I do not want to own a vehicle that collects “data” about me. So I will keep my old stuff and thereby avoid all of that stuff!

  13. How does this Massachusetts decision affect the rest of the country? It’s good that it sets a precedent, but the jurisdiction may only be one state.

  14. I’m not worried about this it’s why I drive older cars I can fix myself or if necessary it’s cane go to a more competent mechanic.

    • My 14 year old Goldwing Trike ain’t heard no data but my hair in the breeze. Face it, retired Boomers like me will never be able to afford another new car/truck, so tell it to the hand.

    • ‘The prototype delivers over 1,300 horsepower from three six-phase electric motors that instantly rev up to 15,000 rpm, powered by a 78-kWh liquid-cooled battery.’

      *yawn* But not a word on the raaaaaaange. How big a battery does it need to crank out 1,300 hp for 500 miles?

      Fake and gay NASCAR and GM: perfect together.

      • They might pull it off, Jimbo. The pace cars only need to do a few laps. Would be hilarious to see one self immolate on national TV due to thermal overload/runaway though.

  15. How very John Deere of the auto industry.

    I really question the thought process behind the idea that you buy a vehicle which runs via their proprietary code that they try to restrict. The vehicle will not run without it, yet we have no option to remove it.

    This is not a contract, because we get nothing for agreeing to the EUL.

    We give money & get a car, check.

    If you have no choice in allowing the car you just bought operate in one way or another, being forced into their code, then in turn being forced into their maintenance of the car, then you have given up something and the auto dealer gave up nothing. No check.

    No one agreed to buy a hunk of metal. The expectation is we buy an operational vehicle. If we don’t get that then there is no meeting of the minds and no contract.

    Using a laptop as an example, you buy it expecting it will be able to be used by having an operating system. Microsoft or Apple may own the rights to the code, but can’t tell you only they can fix a broken screen or stuck key or create drivers for it because the computer itself is yours, not theirs.

    • The Juan Deere comment is very appropriate. Not only did they use the EULA as a pretext to force farmers into very expensive dealership repair services (around here it’s $200-ish per hour plus $2.00 per mile for field calls), but they also have moved production so your “I bleed Green” equipment is made in Mexico. It’s only mid-February and they have laid off over 200 in Iowa thus far.

    • ‘This is not a contract, because we get nothing for agreeing to the EUL.’ — Dan

      Lawyers call it a contract of adhesion, recognizing the asymmetry in bargaining power:

      ‘A contract of adhesion is a legally binding agreement that is presented on a “take it or leave it” basis. The party with more bargaining power prepares the contract, and the other party has little or no ability to negotiate.’

      Such one-sided contracts receive stricter scrutiny from courts, as they should. But the best remedy to tear down enemy-of-the-people auto makers is to go cold turkey on their crap products as they twist slowly, slowly in the wind.

  16. It is not generally understood that when you buy a new car, you agree to this by signing what amount to a ULA – a user license agreement – your “agreement” buried in the arcana of the paperwork. – Eric

    Oh, it’s known. Every time I start my vehicle the nav screen has an “agree” button.

    I think we’re well past the time for a good “Carterphone” lawsuit to destroy the power of EULAs.

    ChatGPT summary:
    The Carterfone Decision of 1968 was a landmark ruling by the Federal Communications Commission (FCC) that broke AT&T’s monopoly over telephone equipment. The case revolved around the Carterfone, a device that allowed mobile radio users to connect to the telephone network, which AT&T had prohibited. The FCC ruled that AT&T’s restrictions were anti-competitive and that customers had the right to attach any device to the telephone network as long as it did not harm the system. This decision paved the way for an open telecommunications market, leading to innovations such as answering machines, fax machines, and eventually, the modern internet modem.

    The circumstances were very different, in that the case was a single company in front of a regulator, so it won’t be quite as simple, but even a few victories in lower courts could appeal to the supreme court pretty quickly. One thing that could easily be used to nullify EULAs could be that the time between when the EULA is shown on the screen and the time someone clicks the “agree” button is far too short to actually read the document. Or that there’s a distinct difference between clicking a button and providing a signature. Or even that most of it is straight boilerplate across many different companies so it’s doubtful the companies read them either. Lots of potential for lawyers willing to take the case.

  17. More topics of possible interest.

    This city of 700,000 people, plus uncounted, subsidised illegal immigrants, has more traffic stop and go lights than anywhere else in Spain. On a short trip from my apartment, to 6 miles away there are, count ’em, 65 traffic lights. And the sheep, asleep drivers here, follow them religiously. Insanity.

    Gas or diesel costs about $5.00 per gallon.

  18. Here we go again……

    I ofttimes laugh reading comments on this site. I’ve lived in beautiful downtown Zaragoza Spain since 1994. It’s pretty good. Cops do not automatically cuff and body slam people during traffic stops. It’s still relatively peaceful.

    Here’s a true story.

    I bought a “cherry” 1996 Toyota HiLux pickup in 2000. Since then it has had the usual periodic maintenance, with ZERO mechanical problems and ZERO insurance claims I haven’t used it since 2021, so that year did not renew its’ mandatory $250 annual mafia insurance. Requested its’ renewal last month. Now it costs $800. They can pound sand.

    Also own a near cherry VW 2000 Golf. Had to be towed 2 times, one cracked windshield, no other claims. The dipshit agent I’ve had since 2017 told me 7 days before the expiration date this January that 9 companies he works with would not issue insurance. I found insurance 5 days later for less than I paid him. Pound sand. And I pulled no punches telling him this. Mafia.

    What do Erics readers think of this man? He seems to be a Youtube star, a money maker.

    https://www.youtube.com/watch?v=6Hm9sMfFQaA

    • He (the cop) handled it pretty good. I have seen far worse outcomes. She was likely teaching the “child” how to drive in the US. I am from Arizona and never heard of a law preventing a pregnant woman fro driving. Checking online I could find none.

      There are a couple of States that prevent a pregnant woman from driving out of state to get an abortion if you can believe that. (Alabama, Texas) That girl did not look pregnant. Maybe only a couple of months. Living in Texas for several years,,, it doesn’t surprise me.

      • There aren’t any States that don’t “allow you to leave in order to murder your unborn child.” A – That would be impossible to enforce. B – It would be illegal (The Insterstate Commerce Clause of the federal Constitution – ie the correct way to interpret it and the 4th Amendment.) C – Precedent. People leave there States all the time in order to engage in activities that would be illegal in there home State. Nobody gets in trouble due to reasons A-C. If you’re worried about it due to buying into the demonic propaganda in the corporate media, ask yourself this: if you leave your home State and murder someone, where are you charged with murder? Not in your home State, but in the State you did the murdering.

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