Who Owns the Software in Your Car?
Copyfight 2015-07-01
Summary:
Cars today come with a lot of computers in them (here's a claim of 50, which is on the lower side of the claims I found). All of those computers (microprocessors, if you will) require code. Question: who owns that code?
It seems rather indisputable that you, the car buyer, own the microprocessors themselves, much as you own the other bits and pieces of your vehicle. However, an article in autoblog last month reports on statements made by General Motors to the effect that it (not you) owns the software that runs those processors. Orly?
Pete Bigelow's piece stems from hearings held by the US Copyright Office, which is considering various exemptions that, in effect, allow independent mechanics to work on modern cars. Today, the ability to decode, understand, and even modify the electronics embedded in a vehicle are as essential to a repair shop's operation as a set of wrenches. If car companies (or other vehicle makers such as John Deere noted in the story) are allowed to exclude independent and third-party operators they will effectively be able to shut down all non-dealer repairing.
In addition, allowing manufacturers to control the software separately from the vehicle could cripple the used-car market. Can you imagine trying to buy a used car if you couldn't be sure that the software controlling the airbags had transferred with the vehicle?
We've seen this pattern before - companies using expansive readings of copyright laws to try and control or eliminate competition and secondary markets. The Copyright Wars grind on.