After a consideration of the limitations of litigating before the Civil and Adminstrative Tribunal, I've decided to try going through NSW Fair Trading instead. What follows is a draft of my submission. I invite comments. If anyone wants to use all or part of this in their own complaint to a consumer protection agency, please feel free to do so.
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When I ordered the Powerwall system, I was aware that it would need to be connected to the Internet in order for its associated smartphone ap to work. I did not know that its firmware could be upgraded over the internet, though I was aware that this was frequently the case for Internet connected systems.
When the system was installed, I became aware that its firmware could be updated over the Internet, but I still did not know that Tesla has the technical ability to this without my knowledge or consent. I only learned this sometime later.
There is a warranty associated with the product, which states "By installing your Powerwall and connecting it to the Internet, you consent to Tesla updating your Powerwall through these remote upgrades from time to time, without further notice to you." I had read some of the warranty before placing the order, but only as far as seeing what guarantees were offered. I had not read the above statement. In any case, I do not believe that a manufacturer can acquire the right to modify a product after sale without the express consent of the owner merely by an assertion in some document that does not form part of the contract of sale that some action by the owner will create that right.
At most Tesla can make it a condition of the express warranty that they be permitted to make such upgrades, but until and unless the owner gives express consent, it is my view that they have no right to make changes to the product once it is owned by the purchaser
When the Powerwall was delivered, it supported a web interface that could be used to change the reserve level below which the Powerwall would not discharge in the absence of a grid outage, with the change having immediate effect. Tesla have used their ability to modify the Powerwall in a way that prevents the change having immediate effect unless the previous change occurred a significant period earlier. Since this cannot be characterised as an "upgrade" the change does not even fall within the scope of the consent that Tesla claim is created by connecting the Powerwall to the Internet.
The significance of the change is that with the original firmware, I could use software to make second-by-second decisions on whether the Powerwall should discharge or not, and to some limited degree, whether it should charge itself from the grid. With the changed firmware, this no longer works because some changes to the reserve level do not take effect.
Tesla's advertised way of achieving limited control over the Powerwall is by means of an ap, but this functionality only exists if the Powerwall has access to the Internet. There is no way of using the ap while technically preventing Tesla from updating the firmware.
While the web interface functionality was not advertised in the marketing of the product, it was nevertheless present when it was delivered, and Tesla have limited it since. Though they deny having changed it in the way I claim, I contend that Tesla have done this for the specific purpose of preventing owners from controlling their Powerwalls in this way, and that it was not done for any valid technical reason. I further contend that using their access in this way was a trespass on chattel and unconscionable conduct.
I have asked that the earlier firmware be reinstalled on my Powerwall. Tesla have not responded to that request.
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When I ordered the Powerwall system, I was aware that it would need to be connected to the Internet in order for its associated smartphone ap to work. I did not know that its firmware could be upgraded over the internet, though I was aware that this was frequently the case for Internet connected systems.
When the system was installed, I became aware that its firmware could be updated over the Internet, but I still did not know that Tesla has the technical ability to this without my knowledge or consent. I only learned this sometime later.
There is a warranty associated with the product, which states "By installing your Powerwall and connecting it to the Internet, you consent to Tesla updating your Powerwall through these remote upgrades from time to time, without further notice to you." I had read some of the warranty before placing the order, but only as far as seeing what guarantees were offered. I had not read the above statement. In any case, I do not believe that a manufacturer can acquire the right to modify a product after sale without the express consent of the owner merely by an assertion in some document that does not form part of the contract of sale that some action by the owner will create that right.
At most Tesla can make it a condition of the express warranty that they be permitted to make such upgrades, but until and unless the owner gives express consent, it is my view that they have no right to make changes to the product once it is owned by the purchaser
When the Powerwall was delivered, it supported a web interface that could be used to change the reserve level below which the Powerwall would not discharge in the absence of a grid outage, with the change having immediate effect. Tesla have used their ability to modify the Powerwall in a way that prevents the change having immediate effect unless the previous change occurred a significant period earlier. Since this cannot be characterised as an "upgrade" the change does not even fall within the scope of the consent that Tesla claim is created by connecting the Powerwall to the Internet.
The significance of the change is that with the original firmware, I could use software to make second-by-second decisions on whether the Powerwall should discharge or not, and to some limited degree, whether it should charge itself from the grid. With the changed firmware, this no longer works because some changes to the reserve level do not take effect.
Tesla's advertised way of achieving limited control over the Powerwall is by means of an ap, but this functionality only exists if the Powerwall has access to the Internet. There is no way of using the ap while technically preventing Tesla from updating the firmware.
While the web interface functionality was not advertised in the marketing of the product, it was nevertheless present when it was delivered, and Tesla have limited it since. Though they deny having changed it in the way I claim, I contend that Tesla have done this for the specific purpose of preventing owners from controlling their Powerwalls in this way, and that it was not done for any valid technical reason. I further contend that using their access in this way was a trespass on chattel and unconscionable conduct.
I have asked that the earlier firmware be reinstalled on my Powerwall. Tesla have not responded to that request.