Quote:
Originally Posted by phrosty
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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I see nothing relating to ECUs in the latest version of the law as seen here:
https://www.eff.org/document/final-rule-2012
One thing to realize is that the DMCA laws apply to the regulation of end user license agreements, and right now, I have never seen one for an ECU from any manufacturer which means vehicles are excluded simply because the manufacturers have not included them. It sound like the EFF is pushing for protective legislation in advance of manufacturer intrusion.
As for your points.
1. Without a copyright being claimed by manufactures, the distribution of a ROM would be legally gray. In the US, a copyright must be registered in order to be eligible for statutory damages.
Source
2. Copyright doesn't allow for the circumvention of security measures. There is nothing illegal about changing software on a device that doesn't provide such a mechanism. As of right now, our ROMs are not encrypted. They are stored as hex values on the ECU and "cracking" an ECU really refers to translating it. This is not illegal for personal use.
3. This is a little more legally gray depending on state. California has the CARB process which does certify SOME flashing. One example would be the Jackson Racing Supercharger kit which has been CARB certified for use with the provided tune. In other states, it is likely legal as long as the modification doesn't increase emissions beyond the regulated amounts. I am a little uncertain on this part myself.
As for cars, there are regulations surrounding the limitations of a manufacturer or dealership from enforcing work mandates that require vehicles to modified, serviced, or repaired at an authorized dealership. ECU modifications would certainly fall under this umbrella.
The final point on this subject, if manufacturers prevent modification in this sort of way, they would be killing a large support for their enthusiast portion of their customer base which would turn those people to other brands. Even if that didn't deter people from certain brands, aftermarket ECUs would become a much more popular option for people.