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Old 10-27-2015, 09:32 PM   #1
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This may be of interest to some that have a tune

FOR IMMEDIATE RELEASE
October 27, 2015
For media inquiries, contact:
Della Domingo
909-978-6723
dellad@sema.org
Copyright Office Grants Exemption to Allow for Vehicle Modification

Diamond Bar, CA. (October 27, 2015) - The U.S. Copyright Office today issued a ruling to allow vehicle owners to perform vehicle diagnosis, repair and modification without fear of prosecution under the Digital Millennium Copyright Act (DMCA). However, the Copyright Office declined to provide the exemption to third parties who diagnose, repair or modify a vehicle on behalf of the vehicle owner. The Copyright Office concluded that extending the reach of an exemption to cover third-parties requires a legislative amendment undertaken by Congress. Access to a vehicle’s telematics or entertainment system was also specifically excluded from the exemption.

Earlier this year, in support of the industry and consumers, SEMA provided comments to the Copyright Office seeking an exemption from the DMCA for circumvention of controls on vehicle software for the purpose of vehicle diagnosis, repair or modification by the vehicle owner. "The issue of copyright affecting the ability to diagnose, repair and modify vehicles has come up recently due to the proliferation of advanced vehicle technology, specifically software, in modern vehicles," said SEMA CEO and President Chris Kersting. "SEMA has always maintained that the right to access vehicle systems to utilize, maintain and upgrade vehicles is legal as fair use under copyright law, as are activities undertaken to achieve interoperability with aftermarket products."

The DMCA was enacted in 1998 and prohibits the circumvention of measures put in place by a copyright owner to protect copyrighted works. The law also includes a provision allowing the Copyright Office to grant exemptions from this anti-circumvention provision, and the exemption for vehicle repair, diagnosis or modification was granted under this provision. A copy of the SEMA comments is available on the Copyright Office website at http://copyright.gov/1201/2015/reply...MA_Class21.pdf.

About SEMA
SEMA, the Specialty Equipment Market Association founded in 1963, represents the $36 billion specialty automotive industry of 6,814 member-companies. It is the authoritative source for research, data, trends and market growth information for the specialty auto parts industry. The industry provides appearance, performance, comfort, convenience and technology products for passenger and recreational vehicles. For more information, contact SEMA at 1575 S. Valley Vista Dr., Diamond Bar, CA 91765, tel: 909-610-2030, or visit www.sema.org.

# # #

This email was sent to: ronalduzzo@aol.com by SEMA.org
SEMA | 1575 Valley Vista Dr | Diamond Bar | CA | 91765 | United States

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Old 10-28-2015, 05:25 AM   #2
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Good info; thanks for posting this.
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Old 10-28-2015, 05:34 AM   #3
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so am I reading that correctly in that I can tune my car but no one else ie Bama?
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Old 10-28-2015, 07:39 AM   #4
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No, It means that Bama and other tuners may use any parts of the original CPU to blend in with their tuners without getting a copyright infringement lawsuit against them.
This is a good thing for everyone that creates the tunes as well as the one's that want to tune their car.
It does not stop the factory from voiding a warranty if a bad tune causes damages but we know how rare that is. It just will be way less rare now.
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Old 10-28-2015, 10:02 AM   #5
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interesting find, curious to see what happens
lets rewrite all the modification laws!!!
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Old 10-28-2015, 10:09 AM   #6
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Quote:
Originally Posted by ronnie948 View Post
FOR IMMEDIATE RELEASE


The U.S. Copyright Office today issued a ruling to allow vehicle owners to perform vehicle diagnosis, repair and modification without fear of prosecution under the Digital Millennium Copyright Act (DMCA). However, the Copyright Office declined to provide the exemption to third parties who diagnose, repair or modify a vehicle on behalf of the vehicle owner. The Copyright Office concluded that extending the reach of an exemption to cover third-parties requires a legislative amendment undertaken by Congress. Access to a vehicle’s telematics or entertainment system was also specifically excluded from the exemption.


Not a lawyer but I read this as the owner can mess with it but NOT 3rd parties.
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Old 10-28-2015, 10:12 AM   #7
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also, I can mess with the engine programming but not the stereo????

or am I reading that wrong too......
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Old 10-28-2015, 11:00 AM   #8
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also, I can mess with the engine programming but not the stereo????

or am I reading that wrong too......
I'm reading it the same way. Maybe shops that sell you a tune or other part that YOU install yourself is allowed, but the shop itself, being a 3rd party in my interpretation, cannot perform the modification.
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Old 10-28-2015, 12:17 PM   #9
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It is a little confusing-BUT- It is a good thing

Quote:
"SEMA has always maintained that the right to access vehicle systems to utilize, maintain and upgrade vehicles is legal as fair use under copyright law, as are activities undertaken to achieve interoperability with aftermarket products."
This protects both party's, The one's doing the tuners as well as the owners of the cars. It also protect company's like Raxium that make the GPS type things you can install on your dash.

It still noes "NOT" protect your warranty if you puke your computer or a related part.

Like all legal crap. It is hard for a non-lawyer to read.
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Old 10-28-2015, 12:21 PM   #10
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The court doesn't care what SEMA claims.

IDK. Yes, I agree with the wtty part
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Old 10-28-2015, 12:24 PM   #11
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What part of this did you miss????????????????

The U.S. Copyright Office today issued a ruling
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Old 10-28-2015, 02:44 PM   #12
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[ SEMA CEO and President Chris Kersting. "SEMA has always maintained that the right to access vehicle systems to utilize, maintain and upgrade vehicles is legal as fair use under copyright law, as are activities undertaken to achieve interoperability with aftermarket products."

[/QUOTE]


that is where I came up with the SEMA claimed line....


I admit to not being smart enough to be a lawyer or a Grammar Nazi so there is a chance I am reading this wrong, but it's going to take more than large font to convince me.


edit, I messed up the quote box but that is in the first post which you quoted in your post explaining it was a little confusing.
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Old 10-28-2015, 04:33 PM   #13
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Things like this go on a lot but really don't bother me because if I ever want to tune my Mustang, I will do it.
The tuners have been doing what they have been for many past years anyway so it does not matter much.
It is just now they can make their tunes and sell them to the car owner but they can not make a tune and sell it to another company to use which would be a third party.
This is how it was explained to me.
Every thing in legal speak is confusing, Did you ever try to read a will that was written by a lawyer????
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Old 10-29-2015, 04:15 AM   #14
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What concerns me about all this is that the automotive engineers will "lock" a PCM/ECU in the future if they don't want the ability of their cars to be tuned. This would put a huge damper on the aftermarket, as well as the "hot rodders" that like to tweak out HP/TQ out of their cars.
I've heard rumblings that this could/may happen.
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Old 10-29-2015, 06:08 AM   #15
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Originally Posted by bucko View Post
What concerns me about all this is that the automotive engineers will "lock" a PCM/ECU in the future if they don't want the ability of their cars to be tuned. This would put a huge damper on the aftermarket, as well as the "hot rodders" that like to tweak out HP/TQ out of their cars.
I've heard rumblings that this could/may happen.
They may but someone will find a way to unlock the PCM and tune it.

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Old 10-29-2015, 11:51 AM   #16
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Quote:
Originally Posted by bucko View Post
What concerns me about all this is that the automotive engineers will "lock" a PCM/ECU in the future if they don't want the ability of their cars to be tuned. This would put a huge damper on the aftermarket, as well as the "hot rodders" that like to tweak out HP/TQ out of their cars.
I've heard rumblings that this could/may happen.
Some manufacturers have already done this. My 2002 IS300 had a locked ECU. there is a huge aftermarket for that car but with respect to tunes, nothing available outside of ebay specials from china that don't work.
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Old 10-29-2015, 12:29 PM   #17
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didn't some of the tuners have trouble trying to tune the 3.7's in the 2015+ years due to locked codes?

I'm assuming the legal fight has something to do with how sometimes you don't really own software, you just purchase a license to use it.
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