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In the near future? The EFF is saying it may be illegal right now.
First -- people distributing ROMs, modified or not, are certainly breaking copyright already.
Second -- copyright doesn't allow people to modify the software on their own devices that don't have a supported mechanism to do so. I.e. you can't break a secure system. It was amended to allow this under a few explicit circumstances (like jailbreaking phones) that don't apply to our ECUs. I assume the reason EFF isn't 100% certain of the legalities is that although our ECUs certainly has a standard mechanism to do so, flashing is obviously not intended or supported for enthusiast use.
Third -- less certain here but there are probably additional emissions laws that forbid custom ECUs on the street.
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2013 Whiteout 6AT FR-S | Perrin Inlet Tube + 2.75" CAI | OpenFlash Header | P&L Catback | 4.88 Final Drive | Dialed in OFT 2.0x Stage 2 E85 | 18x8 Enkei Raijin + 225/40 Michelin Pilot Super Sport | 17x7 Stock + 215/45 Michelin X-Ice Xi-2
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