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Old 07-12-2013, 04:13 PM   #65
Rich@ViscontiTuning
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Join Date: Mar 2013
Drives: 2012 VW GLI
Location: Annapolis, MD
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This seems to be a really hot debate that comes up in various forms every month or so. I've read all of your responses and I think part of the problem is that so many get caught up in comparing "this product to that product" when the two really aren't as comparable as it might seem on the surface. EcuTek stands above the rest because it incorporates a ton of new features that no one else can offer. And it continues to innovate and improve upon them with regular updates. The end user ProECU software allows you to graph datalogs with a ton of new parameters in addition to the factory ones, and includes exclusive dealer tools like the ABS tool and steering wheel angle tool (for GTR), Subaru VIN Coder, Subaru Key Sync, and several others I'm sure I'm leaving out. And let's not forget about the RaceROM features and all of the groundbreaking capabilities that technology has made possible (advanced traction control and FlexFuel come to mind). EcuTek has a really nice software suite, and it's well worth the $250 license fee. And the license fee is payment for the privilege to use the software, not to own it. And that’s the important distinction that I think a lot of you don’t acknowledge or recognize. You’re supporting the software manufacturer to continue pouring tremendous resources into providing the industry with a better product.

But for me, this comes down to a single argument or topic - Intellectual Property. And it's another important difference because these aren’t tangible items you’re paying for.. like a TV. Everyone has the right to be fairly compensated for their work. That's the real 'American Way.' And I think a lot of you guys get caught up in the assumption that the tune or the license should be treated like any other performance part you install on your car. And that's just not the case. It isn’t as cut and dry as it is with an exhaust or an intake, where once you’ve engineered the part, its going to continue to work the same with all applications it’s made for without any further support from the manufacturer.

I think @Visconti made one of the best analogies I can think of the other day when he made the comparison to music you would buy off iTunes. And obviously the whole digital music and DRM debate still rages on today, but the bottom line is, the artists produce their music and you pay to listen to it. It isn’t “your song” because you’ve paid to listen to it.. it still belongs to the artist. It’s not a perfect comparison though because I think in this incredibly niche market we’re in, the tuner has even more right to protect his work and decide who can sell and distribute it than even an artist does with their music. And the reason I say that is because Visconti Tuning guarantees free updates for the life of the tune. And that’s a huge commitment because it’s not as simple as applying a “blanket update” to every customer’s tune. Each tune has to be individually updated. And the same is true for the initial tune. It has to be individually adapted to each specific car, because as I’m sure many of you know, there are widely varying ECU models even on the same year and model car, all of which have to be supported and made to work with the base calibration.

It really comes down to what you’re paying for when you buy these products. You’re paying for their use and their benefits; not their “physical ownership.” I think the concert analogy used above also has some merit because if you decide that you want to leave the concert early, you’re not entitled to a refund. It was your decision to leave. The artist still put on the show and provided what you paid for. The same is true when you decide to sell your tune. We’ve guaranteed the tune for the life of your car. If you leave early and decide to go in a different direction, that doesn’t change the fact that we delivered on what you paid for and you enjoyed the full benefit of the product. And just like you shouldn’t be able to leave midway through the concert and sell your ticket to someone waiting outside, each new customer wanting their car tuned should have to pay the same “admission fee.”

The only exception to this in my opinion is if you sell your car. Then it should be transferrable and you should be allowed to charge a premium for the fact that the car has advanced capabilities over the average stock car. In that case, just like with a warranty (another intangible item), it’s the property of the car and it should go along with it. This is definitely an interesting debate and I think it has much wider implications than just what we’re talking about here. But as we progress ever further into the digital revolution, it becomes more and more important for people to be able to protect their ideas and their digital work. And I think most reasonable people looking at the situation without a vested interest (i.e. a tune they want to sell) would agree with these arguments.
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