My only question is what is the legal status of a vehicle once it's been totaled? Obviously it's no longer considered road worthy, and at that point the "owner" is the insurance company, and what they own is a wreck that could end up as scrap. I'm on both sides of the fence on this one, I understand why Tesla might not want totaled cars plugged into their superchargers, but as someone who has rebuilt totaled cars successfully I wouldn't want some feature disabled remotely.
Well, here's the issue. On the two vehicles that I've seen the configuration file for where Tesla has reached back in and modified it after the fact it has been well after the final winner of an auction has won the car, owns it, and was either in the process of repairing or had already repaired the car. Probably because prior to this the car was never powered long enough for them to do so. In these cases Tesla, IMO, would have been obligated to get permission from the owner of the vehicle in order to modify it. Since doing so is removing value from the vehicle, I think paying the owner a small fee for permission would be reasonable, but the owner has zero obligation to accept. I mentioned this elsewhere, but this is basically the equivalent of Tesla going to the car and physically removing something like, the 10kW charger or the 17" screen. Supercharging/DC charging is a standard feature of every car that's not a 40 or 60 and Tesla has no right to modify the vehicle's configuration without permission. Heck, "Supercharging Enabled" is listed in the MVPA as a line item. By disabling the feature on the car without permission they've simply robbed the owner.
Additionally, in the interim period before the car gets to a "real" new owner (not insurance company), it's likely not powered. Even so, I highly doubt Tesla requests permission from the insurance company to modify the car.
The software on the totaled car probably *does* belong to Tesla. Do they have right to unilaterally mess with it and substantially change the function of something that they otherwise have no claim to (ie the car)? I have no idea.
This is part of the issue. Tesla's software has no official license agreement with the vehicle owner. There is nothing in any signed or agreed to documentation regarding the car with a license agreement for the car's software. Not that this is new to Tesla in particular, but since Tesla is the only company to really have this level of remote access it seems that they're going to need to adopt an actual license for their software and remote access with the end user eventually. The absence of this would generally put more power in the owner's/user's hands, in my experience.
In short, yes, Tesla owns the software. I doubt there is much debate there. But there is an implied license to use the software on the car, being that Tesla ships the software with the cars. But, Tesla does NOT own the device the software is running on and is not permitted to modify your device without permission.
Again, I have near-zero issue if Tesla's chargers make a decision to deny service to a particular list of cars that Tesla has decided are not "certified" for charging. This is a bit of a grey area, because this could be considered a feature of the vehicle. In the absence of any official agreement on supercharging, though, I think both sides would have compelling arguments here. So, for now I think Tesla is safe having the charger deny service, well to almost anyone technically. But they aren't allowed to modify my vehicle to make it work this way.