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#251 | |
Scooby Specialist
Member#: 103136
Join Date: Dec 2005
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#252 | |
Scooby Specialist
Member#: 103136
Join Date: Dec 2005
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#253 |
Scooby Newbie
Member#: 110514
Join Date: Mar 2006
Location: Greece
Vehicle:2004 impreza WRX blue |
![]() Thank you all guys for this very informing thread! I have been reading this the last 2 days and we now know the reason why we cannot use openecu to tune OUR cars here in Greece....
The think that makes angry is that nobody informed me about this (Ecutek dealer). If i want to break my car, to make it a fish bowl or a vase for flowers it is MY problem and not Ecutek's.... I own the car, not them. We do not have the Cobb solution here for some reason, but thanks to openecu, we will prevent many subaru and evo owners from this trap that Ecutek fixed for themselvs.... Thank you all again ![]() |
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#254 | |
Scooby Newbie
Member#: 105757
Join Date: Jan 2006
Location: Athens, Greece
Vehicle:04 EUDM FXT2.0 Silver |
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#255 | |
Scooby Guru
Member#: 21145
Join Date: Jul 2002
Chapter/Region:
NESIC
Location: Not in my own time
Vehicle:2002 Enemy of Aku |
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People simply refuse to take responsibility for their own actions. Like has been said many times already, "if it's my car, then I should be able to do what I want with it. If I blow it up because I put a map from another car into my ECU, well, that's my problem.", or something like that. So, there are many who will attempt to sue the originator of the map because "it's their fault". If you were a tuner, would you want to have to deal with that? Of course not. You had nothing to do with that particular individual, but that individual is making it your problem because they screwed up, and someone is going to pay for it, but not them. If you look @ some (make that a lot) of the ridiculous lawsuits today, and the awards that have been granted, even though the individual was @ fault and not the Company, well ... |
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#256 |
Scooby Specialist
Member#: 67080
Join Date: Jul 2004
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![]() ^^^ Won't hold up in court and for that matter, won't hold up in the lawyer office before court either so it won't even make it to a lawsuite level. Because the tune wasn't give by the tuner to the end user making the accusations there is nothing legaly binding the tuner to the individual.
And for that matter, how many times have you ever signed a Dyno Waiver in your life? Do you honestly think any tuner guarantees thier work on your car and will take full responsibility for any negative outcomes. Give me a break. Last edited by JRSCCivic98; 06-30-2006 at 06:54 PM. |
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#257 | |
Scooby Guru
Member#: 32792
Join Date: Feb 2003
Chapter/Region:
NESIC
Location: lincoln, ri
Vehicle:2003 GGA MBP 12.9 / 105+ |
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i've yet to hear of a legal issue wrt liability for damages. |
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#258 |
Scooby Specialist
Member#: 103136
Join Date: Dec 2005
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![]() Yeah, I don't buy the suing argument as we would have heard of a case by now. On the other hand, there are some stupid ass cases that have won in court. My favorite is a lady who bought a new motorhome. She was driving and decided to engage the cruise control. Then got up to make herself a sandwich. Of course, the motor home crashes. She sues the manufacturer stating that the owner's manual never mentioned that she had to stay behind the wheel when the cruise control was on. And she won a huge judgement from the jury!
I don't really see people trading commercial tuner's maps that often anyway. In the beginning, yes, people were posting up everything. But site owners at openecu.org and Enginuity.org have cracked down on this and will not allow a tuner's ROM posted up without their permission. |
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#259 |
Scooby Guru
Member#: 60324
Join Date: Apr 2004
Location: soon to be somewhere else
Vehicle:1998 RS |
![]() Of course EcuTeK is going to say they're doing it to "protect" end users. That's the means to justify their ends.
We all know what the lockout is about. One thing and one thing only. You know what it is, i don't even have to say it. Last edited by hondaeater69; 06-30-2006 at 03:33 PM. |
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#260 | |
Scooby Newbie
Member#: 107118
Join Date: Feb 2006
Vehicle:'02 STi Wagon White |
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http://www.snopes.com/autos/techno/cruise.asp Jeff |
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#261 | |
Scooby Specialist
Member#: 103136
Join Date: Dec 2005
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#262 | |
Scooby Guru
Member#: 21145
Join Date: Jul 2002
Chapter/Region:
NESIC
Location: Not in my own time
Vehicle:2002 Enemy of Aku |
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Do I expect a tuner to guarantee their work? Actually yes. If you bring your car to a tuner, and he blows the thing up on you, he's responsible. If I blow it up, I'm responsible. Never said anything about anything holding up in court. It's simply the acts of undesirable people that make life difficult for others because they don't want to take the responsibility of their own actions; in this case, take a map off another car, damage their own, and look for someone to pay for their mistake. Doesn't mean it has to go to court, but you can make a tuner's life complicated/miserable. Do I think that ECUTek should have locked out the ECU? no. Do I think that a manufacturer/tuner has the right to protect their intellectual property? yes. But those protections should not be at the expense of the person who bought the tune. You go to a specific tuner to pay for their specific skills/expertise. The tuner has the right to protect that, but not to lock you out of the whole ECU, making you unable to return the ECU to stock, as is the point of this thread. You may pay for the custom map installed in your car, but that doesn't mean that the tuner has to give you the specific info he installed. That is his intellectual property. If you want it, find a way to crack the codes yourself and get it off your ECU. Nothing wrong in doing that. |
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#263 | |
Scooby Specialist
Member#: 67080
Join Date: Jul 2004
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#264 |
Scooby Guru
Member#: 21145
Join Date: Jul 2002
Chapter/Region:
NESIC
Location: Not in my own time
Vehicle:2002 Enemy of Aku |
![]() Too bad you are so unwilling to see things from the other side of the mirror.
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#265 | |
Scooby Specialist
Member#: 18308
Join Date: May 2002
Chapter/Region:
NWIC
Location: Seattle, WA
Vehicle:2005 WRX STi Silver |
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But I don't think the intellectual property protection for a pro/custom tune argument would hold up in court. If I hire some one to write me some software (and thats what an ECU re-program is), when that term of employment has ended *I* own the software. Its called 'Work for Hire' in copyright terms. http://en.wikipedia.org/wiki/Work_for_hire So if I hire someone to pro tune my car, I legally own *all* property rights to that commissioned piece of software. What this is doing it limiting the owners rights so that tune can not be modified and given away. Now I would imagine that there are no contracts about the commisioned work (right now anyways) so the work may or may not fall into work for hire rules. This protection isnt about IP rights, its about tuners making money (nothing wrong with that in itself, they are a business and that is what they are supposed to be doing). If I pay a tuner $500 for a pro tune, and then give that tune to my buddy 'Joe' then the tuner has "lost" $500. Not really, but that is how software piracy numbers get made up. There is nothing to say that Joe was ever going to buy any tune, and nothing saying that Joe won't go back to the tuner and get a better custom map for his car. But then again if I had a highly customized tune taylored to my mods, I wouldn't give it to Joe in the first place - because I would potentially be to blame if it didn't work on his car. Me, not the Tuner. Default/standard maps (like the AccessPort) on the other hand would not fall into the work for hire catagory and so could be protected. But I think this protection is going to be driving away customers and making them more likely to use things like the open source tools. |
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#266 | ||||
Scooby Guru
Member#: 21145
Join Date: Jul 2002
Chapter/Region:
NESIC
Location: Not in my own time
Vehicle:2002 Enemy of Aku |
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To me, that means that the author (tuner/employee) and the Company for which they work must sign over the property rights to you, the owner. Simply purchasing their services does not sign over those rights to you. Quote:
I wouldn't consider this piracy. If you bought it, you can sell/give it away to another party. Perfectly legal under contract law. Piracy would be if you copied it and started selling the copies w/out permission from the originating company. Quote:
It doesn't have to make it to court (trial) to cause you and/or the tuner/company a lot of difficulty in your life. Many false claims get filed every day, and do make it through the lawyer's office because there are undesirable lawyers just as there are undesirable people. There are plenty of examples of false claims in the news. Quote:
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#267 | |||||||||||||||
Scooby Newbie
Member#: 20240
Join Date: Jun 2002
Chapter/Region:
MWSOC
Location: Chicago
Vehicle:2005 STI 2002 wrx - sold |
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![]() Now here is the tricky part about the "derivative work" aspect that I was alluding to earlier but did not really flesh out, and why when you guys lock an ECU, you are not locking your own data, from my perspective. While the patch file is alone, Cobb is the sole copyright holder. But here's the money shot: As soon as you take that patch file and combine it with the original Denso copyrighted work, you have created a "derivative work" and that work is no longer copyrightable by anyone other than Denso. This concept has been beaten to death in the software world, espcially around Open Source software. (What is ironic is that in respect to OSS, you and the OSS movement would be on the same side of the argument, even though you are doing this to lock OSS out) So, there are issues here. What is a "derivative work", when does one get created, etc? The US law will help us out here, to start with. Quote:
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What this means is that, legally, flashing a Cobb/Ecutek "map" (patching) to your ECU and then taking that binary ECU image and trading it around has nothing to do with Cobb or Ecutek. The only people who have ANYthing to say about this is Subaru/Denso. Cobb and Ecutek have no legal authority to prevent anyone from trading any ECU image that has been patched with their changes, since it is not possible for them to hold the copyright to a derivative work. Remember, only the original creator of a work can delegate that copyright. For some interpretations of what is a derivative work, and how that applies to software, the law firm of Rosenlaw & Einschlag can shed some light on that. There is a quote from their page about derivative works: Quote:
As a side note, Lawrence Rosen has also written a book about these topics and it is available free for download. Chaper 12 deals with derivative works, if anyone is interested. Quote:
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But you or Ecutek certainly cannot go after them, as long as they have full binaries that are mostly denso code with Ecutek/Cobb patches, it does not look like you have any claim on that at all. Now if they were trading Cobb patch files, that's a different story. Except you have them free for download, so that's probably not likely, either. Quote:
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Personally I do not understand why you would lock people out, since you are actually selling a physical device. You are not screwed like Ecutek is. Your device brings functionality that cannot be emulated in software or by a flash, and it's quite awesome. So people will buy your device whether they are trading maps around anyway, wouldn't they? I don't know the numbers, but maybe knowing how many people buy an AP for a stage 2 generic flash, and how many buy it because they can have 10 maps with them at all times would be useful. Ecutek has nothing like an AP to offer their customers. They have been completely out-innovated by you guys, so why stoop to their level of desperation? Quote:
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#268 | |
Scooby Specialist
Member#: 44762
Join Date: Oct 2003
Chapter/Region:
MWSOC
Location: Palo, IA
Vehicle:2013 BRZ WRB |
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#269 | |
Scooby Specialist
Member#: 44762
Join Date: Oct 2003
Chapter/Region:
MWSOC
Location: Palo, IA
Vehicle:2013 BRZ WRB |
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#270 | |
Scooby Specialist
Member#: 93301
Join Date: Aug 2005
Chapter/Region:
NWIC
Location: Portland, Oregon
Vehicle:06 CGM STI SM#17 Now with alot less verve! |
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Can you please explain how EcuTEK expects you to be vocal? |
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#271 |
Scooby Specialist
Member#: 98000
Join Date: Oct 2005
Location: MO
Vehicle:05 sti e85@420hp |
![]() from our friends at Crawford,
http://forums.nasioc.com/forums/show....php?t=1036014 #59 David Power - EcuTeK Scooby Newbie Member#: 117936 Join Date: Jun 2006 -------------------------------------------------------------------------------- EcuTeK instigated the locking of the data in the ECU as a direct response to our dealer network across the world. Our partners (the tuners) have been concerned that their intellectual property was being copied and perhaps would be programmed into vehicles to which it was not suitable therefore causing engine failures for which they might be blamed. This is not an attempt to hijack the ECU but simply a response to a feature request by our tuning partners who have invested a huge amount of their time and effort into development of ROM files. We are beta testing software to our dealers which will allow the ECU to be returned completely to standard with no locking. This will mean that it can then be programmed by the dealer or other hardware. This is being released in a few days. In the event of a dealer reflash being required on a modified car then it would be advisable for the customer to visit his tuner in the first instance. He will be able to program the ECU using the latest version of ROM file but with his changes incorporated. We do provide EcuTeK dealers with the very latest ROM files which are as up to date as anything the dealers have. This is a far safer and more sensible option, as re-flashing a modified vehicle back to standard is not advisable. We would also advise that Trey Cobb will be incorporating the same changes as us, thus allowing programming by Cobb products over EcuTeK and vice versa. This is in direct response to requests from his dealers and allows him to protect his work. Is there a conflict here? |
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#272 |
Former Vendor
Member#: 49831
Join Date: Dec 2003
Chapter/Region:
NWIC
Location: www.pdxtuning.com
Vehicle:2008 Get Tuned Now Knowledge is Power |
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As most of your are aware, once we discovered that a flashed ECU could not be reflashed, Ecutek responded by giving all the EcuTek tuners a new flash tool that allows the ECU to be flashed back to stock, which restores the factory flash protocol. This is now available, and any customer that purchases a flash from us can have their ECU reverted to stock at no charge, and we will cover the return shipping of the ECU back to you. However, Ecutek has gone a step further in releasing a new product called EasyECU that allows the end user the reflash their own ECU. With the product, we will provide out customers with not only their tuned rom, but a stock rom that they can flash back in as needed. See my updated thread: http://forums.nasioc.com/forums/show....php?t=1046026 One other note: I personally use many different engine management tools to tune cars. I tune with the Protune, EcuTek, Utec, Motec, Hydra, Link to name a few. I would certainly use any other tool, including an open source tool, as a long as the tools worked well enough to tune with. It is about the tune and the tuner, not just the tools. Jeff Sponaugle |
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#273 | |
Scooby Specialist
Member#: 67080
Join Date: Jul 2004
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On a side note... Nice to see that tuners out there are not closed minded and easily pushed into monopolizing propaganda by the retail companies out there. I feel that if the tools are reliable and easily learned by the tuners in the community it should be the "customer's" choice on what he wants to use on their car. Thumbs up to your company for being so open minded to such things. |
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#274 | |
Former Vendor
Member#: 49831
Join Date: Dec 2003
Chapter/Region:
NWIC
Location: www.pdxtuning.com
Vehicle:2008 Get Tuned Now Knowledge is Power |
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The change in the checksum and protocol only occurs if you have a modified rom flashed in. That is very similar to some of the VM Roms, where the modified roms are encrypted, but the stocks are not. Make sense? As far as reliable tools, there is a lot more to that then perhaps anyone knows. There are tools I use a lot, and tools I use very little, and the hint is that the better software gets used much more often. Jeff |
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#275 | |
Scooby Specialist
Member#: 67080
Join Date: Jul 2004
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