You nailed it. Firmware is the logical dividing line between the things you own outright, and licenses. When manufacturers treat firmware as a license, they continue to own the property - which isn't what you bargained for when you purchased the product. In order for you to fully own your tech products the firmware must be clearly entitled to the SN, much as the firmware for ABS Brakes is entitled to the VIN./div>
Tim is a bit behind on the auto industry. The industry came to an agreement in January of 2014 with the aftermarket industry to provide service documentation, firmware including all updates, diagnostics and specialty tools on a fair and reasonable basis.
Their agreement affirms that buyers do have a right to repair their purchases with an independent technician, or engage in self-repair. The implementation date for auto right to repair is model year 2018 - only because there is a mandate for a specific common diagnostic harness to be installed.
The exemption for motor vehicles in the NY bills is an acknowledgement of that agreement, so that legislators will be more confident they should vote to allow other products can be repaired under the same framework./div>
Mason, trade secrets have a specific definition in law that limits what manufacturers can actually claim as a secret. Service documentation, schematics, and other repair information does not fit the definition of a trade secret, so it will be specifically available under this Bill.
Intellectual Property (IP) claims are the elephant in the room, but States cannot change copyright law, which is federal. States can protect consumers from unfair and deceptive trade practices, which is why the Consumer Protection Committee(s) will be involved./div>
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Re: My opinion on embedded software or firmware
Auto Right to Repair
Their agreement affirms that buyers do have a right to repair their purchases with an independent technician, or engage in self-repair. The implementation date for auto right to repair is model year 2018 - only because there is a mandate for a specific common diagnostic harness to be installed.
The exemption for motor vehicles in the NY bills is an acknowledgement of that agreement, so that legislators will be more confident they should vote to allow other products can be repaired under the same framework./div>
Re: Trade Secrets
Intellectual Property (IP) claims are the elephant in the room, but States cannot change copyright law, which is federal. States can protect consumers from unfair and deceptive trade practices, which is why the Consumer Protection Committee(s) will be involved./div>
Techdirt has not posted any stories submitted by DRTRLady.
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