While my normal cars haven't had many issues with Tesla besides the things I've previously written about, I do have a situation with a Model X (clean title, supported car co-owned by a friend) that's been modified where Tesla has thus far refused to do some service on it, including some things that should be warranty items. I've been super patient with Tesla on it, and they seem to be working towards a solution, but, time will tell. I've thus far not publicized much detail on this out of respect for the folks at Tesla that have been working with me towards a resolution. However, I am starting to lose patience with the whole situation and will likely have to pursue other avenues for resolution if they don't come through soon.
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Time to crack her open and get inside the network for AP2
- Thread starter BigD0g
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- ap2 Model S networking
Is this the one with a mismatched cryptographic key pair between the DU and body controller?
John Deere's Digital Transformation Runs Afoul Of Right-To-Repair Movement
This is a lot more applicable. The DMCA, in my opinion, is central to these issues. These companies cannot both receive statutory rights from the DMCA and violate the exemptions of it. The general damages provision of the Copyright Act will apply to violations of exemptions as well as declaratory actions to determine whether Tesla has violated the fair use rights of customers who appropriately seek to modify, fix, or further public knowledge of software issues in a Tesla vehicle. Just my .02. I am not disagreeing that the Magnuson-Moss Warranty Act is an additional basis where Tesla seeks to improperly void warranties that are not affected by said potential modifications (if any).
stopcrazypp
Well-Known Member
I read the John Deere article and the take is similar. While the exemption made it no longer criminal to tamper with the software, it did nothing to prevent John Deere from updating their EULA (such that tampering is violating the EULA) and voiding warranties.
I think the litmus test is if warranty issues are eliminated (product no longer under warranty so Warranty Act can be ignored), would DMCA do anything to protect users from other forms of retaliatory action (other than C&D and being sued)? Everything I am reading seems to say it doesn't.
stopcrazypp: Without having much of an opinion, view or even interest in the EULA/DMCA question, a thought: denying warranty is one thing - denying OTA updates in a product that gets new features over OTA (or is even promised bought new features like EAP) completely another. I wonder what the reasonable or legal view would be there...
Then of course there is the separate question that consumer legislation may limit manufacturer's rights in denying warranty relating to certain types of modifications.
Then of course there is the separate question that consumer legislation may limit manufacturer's rights in denying warranty relating to certain types of modifications.
My understanding of Magnusson Moss is that the warranty claim can only be denied if the manufacturer can prove that a user modification caused the failure.
So, I stopped by the SC sine they weren’t returning my calls.
I was very polite and inquired why I haven’t seen the new firmware, they said there was some issue with the home link and it was being paused, but they said they’d happily install it while I wait.
45 mins later they give me the car back and also said they saw my car didn’t have the new performance upgrade that came out ( uncorking ) and did that as well.
My car is a jan 26 build didn’t even think it could get uncorked....
I was very polite and inquired why I haven’t seen the new firmware, they said there was some issue with the home link and it was being paused, but they said they’d happily install it while I wait.
45 mins later they give me the car back and also said they saw my car didn’t have the new performance upgrade that came out ( uncorking ) and did that as well.
My car is a jan 26 build didn’t even think it could get uncorked....
lunitiks
Cool James & Black Teacher
lunitiks
Cool James & Black Teacher
BTW about that uncork, did you receive any documentation? Let me guess you've got a new options code FMP6?
If you still have dev mode, you should see the PerformanceAddOn as “Uncorked” now instead of standard.
Also, you can use the Tesla API to check your vehicle options:
GET https://owner-api.teslamotors.com/api/1/vehicles
You need to generate a token, then can use it directly:
Tesla Model S JSON API · Apiary
GET https://owner-api.teslamotors.com/api/1/vehicles
You need to generate a token, then can use it directly:
Tesla Model S JSON API · Apiary
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