GM: The Software in Your Car Belongs to Us, Not You

By Paul Ausick Updated Apr 27, 10:19PM EDT · Published May 22, 11:55AM EDT

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Just like that copy of Windows or OS X that your computer runs on — and which Microsoft and Apple simply license to you while retaining ownership — General Motors Co. (NYSE: GM) says that the new Chevy pickup you just bought still belongs to the company. At least the software that runs virtually every function in the pickup still belongs to GM.

GM’s claim was made in a hearing in Los Angeles on Tuesday in front of federal copyright officials who will decide whether GM and other automakers can restrict car owners from servicing and modifying their own cars or having them repaired by shade-tree mechanics. Autoblog cited an attorney for GM who told the copyright officials, “It is our position the software in the vehicle is licensed by the owner of the vehicle.”

Because software controls critical functions like steering, acceleration and braking, repairing or tuning these controls requires access to the software. Under the Digital Millennium Copyright Act of 1998 (DMCA), GM and other automakers claim the right to protect their intellectual property by prohibiting unauthorized access or modifications to the control software.

The Electronic Frontier Foundation (EFF), a consumer advocacy group on issues relating to privacy, free expression and technology, calls automakers’ claims “copyright creep.” That is, an interpretation of copyright law aimed not at putting an end to illegal copying but rather “to reduce competition, impede research and innovation, and generally control how you use the devices and content you ‘buy.’”

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Every three years the U.S. Copyright Office is required to consider exemptions to the DMCA and either grant or deny an exemption in specific cases for specific purposes. The Alliance of Automobile Manufacturers, a trade group that claims to represent makers of 77% of all cars and light trucks sold in the United States, filed a statement with the Copyright Office outlining its opposition to granting an exemption regarding access to copyrighted works:

Many of the ECUs embodied in today’s motor vehicles are carefully calibrated to satisfy federal or state regulatory requirements with respect to emissions control, fuel economy, or vehicle safety. Allowing vehicle owners to add and remove programs at whim is highly likely to take vehicles out of compliance with these requirements, rendering the operation or re-sale of the vehicle legally problematic. The decision to employ access controls to hinder unauthorized “tinkering” with these vital computer programs is necessary in order to protect the safety and security of drivers and passengers and to reduce the level of non-compliance with regulatory standards. … Since the record on this proposal contains no evidence regarding its applicability to or impact on motor vehicles, cars and trucks should be specifically excluded from any exemption that is recommended in this area.

The EFF says that the auto industry opposes the exemption because it “might increase competition for repair work and products that interface with vehicle computers…”

Other members of the automakers alliance include Ford Motor Co. (NYSE: F), Fiat Chrysler Automobiles N.V. (NYSE: FCAU), Toyota Motor Corp. (NYSE: TM), BMW, Jaguar Land Rover, Mazda, Mercedes-Benz, Mitsubishi, Porsche, Volkswagen and Volvo. Deere & Co. (NYSE: DE) has also asserted lifetime ownership rights to the software found on its equipment.

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About the Author Paul Ausick →

Paul Ausick has been writing for a673b.bigscoots-temp.com for more than a decade. He has written extensively on investing in the energy, defense, and technology sectors. In a previous life, he wrote technical documentation and managed a marketing communications group in Silicon Valley.

He has a bachelor's degree in English from the University of Chicago and now lives in Montana, where he fishes for trout in the summer and stays inside during the winter.