Apparently this got thrown out in August last year (GM article was dated May 2015).
http://www.autonews.com/article/201...icle-software-u.s.-copyright-authorities-rule
Didn't another industry try this same thing years ago? "It's really not yours even though you bought it…it's still ours" type-thing, and the courts shot them down?
And I agree with many of the commenters: while it rightly shouldn't be a violation of any copyright laws for a car owner to tinker with the software, it SHOULD invalidate the warranty if the car owner fucks it up and needs the dealer to handle it.
Over in the US, I believe there's a far bigger culture of modding/customising cars so it might be more of an issue. But yeah, if you f*ck with something that the OEM explicitly states you should not do if you want to maintain your warranty, then it's your lookout and expect to pay full whack to get it fixed when you've fubar'ed it.
In good ole US of A, we have the Magnuson-Moss act which essentially forbids manufactures from denying warranty coverage because of aftermarket modifications unless that modification materially contributed to the cause of the claim.
I guess there's plain and simple stuff, like yeah, modifying the car's engine management system clearly did not cause the door handle to snap but there's a lot that would be hard to prove one way or the other, like did the gear box break because you're putting an extra 100 bhp through it? Is that down to the customer to prove it would have gone anyway or the manufacturer to prove that it would have been fine?
Over in the US, I believe there's a far bigger culture of modding/customising cars so it might be more of an issue.
It is. As a new car owner, I joined a forum for that model. I'm amazed at the number of owners installing aftermarket tunes (software) in brand-new cars, right off the dealer lots. Some even have aftermarket stuff on order before the car even arrives, but if anything goes wrong or breaks, they're sweating to reinstall the factory tune and replace any aftermarket parts back to OEM if there's even a slim chance the dealer can point to that new part as a reason for the failure.
LOL yes. I'm a car guy and like to have fun, but these guys are bolting on bolt-ons before the odometer hits 100 miles.So you joined the HCEG of car forums?
It is. As a new car owner, I joined a forum for that model. I'm amazed at the number of owners installing aftermarket tunes (software) in brand-new cars, right off the dealer lots. Some even have aftermarket stuff on order before the car even arrives, but if anything goes wrong or breaks, they're sweating to reinstall the factory tune and replace any aftermarket parts back to OEM if there's even a slim chance the dealer can point to that new part as a reason for the failure.
Some dealers offer aftermarket parts and ecu upgrades as dealer installed options at purchase or post purchase.
VW started offering the 'performance pack' option on the GTI the other year, which includes...wait for it...a factory tune. Tunes/ecu upgrades can significantly enhance the throttle response and way the car drives for the better. Heck, I even got better gas mileage than stock when I wasn't dipping into the throttle on my APR tuned VWs.
But yeah, if you come in decked out in aftermarket parts and have a warranty issue I'm sure many dealers are just itching to say 'denied!'