Canuck
Well-Known Member
I was just asking the question... Just trying to find where the line is drawn.
Fair enough. It is a good question. Sorry to be so blunt sometimes.
I was just asking the question... Just trying to find where the line is drawn.
people have unlocked AP and the extra capacity battery pack... those individuals just aren't stupid enough to post about it publicly. I know people that have gotten cease and desists when they have posted about similar activities from Tesla.Seriously? You can't see the difference? I doubt you will find any good lawyer to make that argument in your defence, which is the real issue. Sure, you can pay lawyers to argue almost anything but the good ones want to win, and not argue nonsense.
Which brings us to the real issue... it's not the nuanced legal arguments but the fact that Tesla likely won't sit on its hands and allow unlocking without taking action. If that's a risk you're willing to take, go for it.
I'll be making the popcorn.
I've posted pictures in other threads of my car's displays showing a configuration Tesla hadn't yet released, so I'll consider that it's well known I have. If you doubt it... *shrug* not my problem.
Actually the reverse is true. The law states it's ok, it's very obviously morally ok as they sold me the whole car, so I can't come up with any possible reason not to.
This is no different than modding an ICE to produce more horsepower when the manufacturer also sells a more expensive car with a bigger engine. It's not my job to ensure they make money.
Tesla's revenue generating choices are not my concern, I'm not responsible for their poor choice of business model (giving away 15 free kWh of battery to every 60 owner in the hopes that a few of them will pay for it later? batteries are expensive, that's a horrible model)
That is a different ball game; odometer rollback is a clear cut fraud/felony, same with title washing etcInteresting points. But let's run with your theory. Why couldn't you just roll your odometer back on your car from 100k to 10k? You own the car - why couldn't you do that? The illegal part comes in when you try and sell the car. I see modding your car under the same circumstances.
That is a different ball game; odometer rollback is a clear cut fraud/felony, same with title washing etc
It is against the law to roll back the odometer.
IANAL (nor do I play one on TV). I'm not asking to stir the pot. I'm honestly curious.Oh, and by the way, it is illegal buy a 60 battery and unlock it to a 75. I argued over and over on the satellite forums about it being in illegal in Canada to get US satellite signals (that you can't even buy in Canada) and I lost at both lower court levels then won on appeal to Supreme Court of Canada. So it was a long road. The wheels of justice move slowly.
Are they? Is there some part of any of the agreements that specifically states that as a 60 owner I'm not allowed to use the additional 15kWh? Merely charging $7k to unlock that is not a sufficient statement that I'm not allowed to unlock it myself.
That's pretty much my point. I get there are two camps here and there clearly isn't a 100% certainty on legality, morals, etc. In those cases I always go with the golden rule on how would I want to be treated. If you made/sold this car, how would you want your customers to treat you?
I know the answers will be different for all and I certainly wouldn't tell on you or try to bring action for modding.
"We can afford to lose money – even a lot of money. But we can’t afford to lose reputation – even a shred of reputation." - Warren Buffet
I see where you're trying to go, but it's not a valid analogy.so I guess overclocking a processor could also potentially be theft? Since you did not pay for that extra performance?
Not true, many processor manufacturers lock the core speeds and you have to pay extra to get an unlocked variant. If a manufacturer did not want you to overclock any of their processors, they would not sell unlocked versions (to make it more difficult to overclock). Further many manufacturers sell the same processors; they just cripple them in the firmware (very similar to what Tesla is doing here).I see where you're trying to go, but it's not a valid analogy.
The manufacturers put a limit on the power of the processor to where they think it's safe/will have a lower MTBF. The CPU has the ability to go faster, at the risk of cooking it without proper cooling. In addition, many CPUs now have OC functionality built in that a 7-year old kid can do it by clicking a couple button.
The more applicable analogy up-thread is tuning the ECU on your car.
Processors are designed to allow for overclocking, so I don't see how this analogy works. Tesla however definitely did not intend people to just hack their software to unlock certain features.so I guess overclocking a processor could also potentially be theft? Since you did not pay for that extra performance?
The Model S P100D was not designed for ludicrous mode?Processors are designed to allow for overclocking, so I don't see how this analogy works. Tesla however definitely did not intend people to just hack their software to unlock certain features.
IANAL but odometer tampering is illegal regardless if you sell the vehicle or not. This is because some people tamper it to get around a lease provision or a warranty provision.If I roll back the odometer, no law is broken until I sell the vehicle. Then the law is in place to protect the buyer of the vehicle.
Are you a lawyer? I would not say that it violates no laws unless you have actually looked at it. Supposedly Tesla have sent C&D letters to people and they stopped the hacking, so Tesla must have some legal basis for doing so.If I unlock the extra potential of the car, no law is broken ever. There is no need to protect the buyer of the vehicle as giving them 75kWh instead of 60 does not harm them in any way.
Your false odometer reading can also be used to obtain warranty work when you were not otherwise entitled. It can be used to file false tire tread warranty claims. I would say that any time you provide a faulty odometer reading to a service provider, it could be seen as committing fraud. The law is not just there to protect consumers.If I roll back the odometer, no law is broken until I sell the vehicle. Then the law is in place to protect the buyer of the vehicle.
it's been looked at extensively in this very thread. However if you are so certain that it breaks a law despite all the evidence so far. POST THE LAW YOU THINK IT VIOLATES!!!!!!!Are you a lawyer? I would not say that it violates no laws unless you have actually looked at it
Proof? I've seen no evidence that anyone has been sent a C&D and then stopped hacking. I have seen one person who entered an agreement with Tesla that prohibits him from telling other people how to modify their vehicles in exchange for some unspecified compensation, but he is very obviously still modifying his own vehicle, and has been known to actually do so to other people's vehicles as well. Additionally Tesla has posted open invitations asking people to hack their vehicles.. Supposedly Tesla have sent C&D letters to people and they stopped the hacking, so Tesla must have some legal basis for doing so.
Exactly, the law is to protect consumers. Hence why there's no law saying you can't upgrade your battery pack, because there's no party that can be harmed by it.Your false odometer reading can also be used to obtain warranty work when you were not otherwise entitled. It can be used to file false tire tread warranty claims. I would say that any time you provide a faulty odometer reading to a service provider, it could be seen as committing fraud. The law is not just there to protect consumers.
No, that's not what I am saying. Processors are designed to be overclocked by the end user. It's only a click of a button in the BIOS.The Model S P100D was not designed for ludicrous mode?
A recent production Model S 60kwh is not designed to use the full 75kwh pack?
A Model S with AP hardware is not designed to use autopilot?