green1
Active Member
Well the NHTSA and FMVSS disagree with you, but then of course facts haven't been something you've cared about so far, so why start now.Unlocking the software (not using the proprietary Tesla mechanism) would technically have to comply with various FMVSS regulations set by NHTSA. The hacker/unlocker could be classified as the "manufacturer" of the hack (which would be classified as replacement vehicle equipment- i.e. the hack supplants FMVSS compliant proprietary Tesla code/functions) and thus must comply with 49 U.S.C. § 30118.
So unless this code has been hardened and there is a paper trail to show that it is compliant; NHTSA could restrict the use of this hack.
OTOH if the hack is based on proprietary Tesla IP (the manner in which they unlock key features) then that would be straight theft.
People modify their cars in their garage all the time, at this very moment there are likely many thousands of people doing so all over the world. None of them are suddenly "manufacturers", and none are subject to NHTSA of FMVSS. They *may* be subject to state laws on road safety, but those only cover the most superficial of things (like having headlights and such) and would never stoop at low as you seem to imply.
This isn't "code that you install" and there's no theft.
Let's try a physical world example of exactly what this is. There's a toggle switch under the hood labelled "60kWh" on one side, and "75kWh" on the other side, when you get the vehicle there's a piece of tape over it so that if you throw the switch the manufacturer will know. There's nothing anywhere saying not to throw the switch, there's no need to copy anything, modify anything (except the position of the switch), or do anything else to the vehicle. This is what we have.
Nobody in their right mind would ever think that flipping this switch would magically require an NHTSA investigation, and the NHTSA would laugh at you for suggesting it. Nobody in their right mind would call this "copying" so trying to bring a copyright claim would have you laughed out of court. The DMCA would cover moving the piece of (digital) tape, but specifically says that it's ok to do so if it's on a vehicle, so again, no traction there. There is no law that prevents this.
You are grasping at straws trying to make people you don't like sound like criminals when they've done nothing wrong. This is a witch hunt and is despicable behaviour.