Intellectual Property in Auto Repair Controversy

[SapereAude]

http://techdirt.com/articles/20091228/0345127515.shtml

I honestly don't know what to think of this as I don't know much about electronics or cars.

On the one hand I believe in comapnies being able to freely make a buck..or a million...

On the other hand I believe in the right of people to make repairs if they are able to do so.

The right to the technology one created I understand... but can there be a right to be the only one to repair that technology when it fails?

Lets put it this way... lets say you buy a certain make/model car from a dealership near you.

Lets say that sometime between the time you buy it and the time something goes wrong that dealership closes and the nearest one is out of state.

Is it really ok that you can't have it repaired without long distance travel?

I would be interested in hearing pethe opinions of people who understanf this topic better than me.

[fountainhead777]

I dont think they should just start out of the blue but if they clearly tell people then it can only be the customer's fault. You cannot force them to let others use their property. This would be a condition you accept when you purchase the vehicle

[SapereAude]

I dont think they should just start out of the blue but if they clearly tell people then it can only be the customer's fault. You cannot force them to let others use their property. This would be a condition you accept when you purchase the vehicle

But can you clarify as to why?

I just can't imagine not having the right to fix something that is broken if it is within your ability. I do agree that a manufacturer should be able to void warranty if not done by an approved entity..because if you let your kid/neighbor screw with it then it could be made worse and the manufacturer should not be liable. But to claim as intellectual property the right to keep someone from performing an action?

By that logic could not any manufacturer prevent people from doing basic maintenance on items?

What if CD/DVD manufacturers had a powerful lobby that kept those cd cleaner things off the market... or the seller of a carpet could claim only they could clean it?

Please, I know I sound ignorant (and on these matters I am) I am not trying to be glib with my arguement I just seek clarity.

[DavidOdden]

If you create a car that can only be repaired by running a diagnostic program and you control the program (it is proprietary software, and copyrighted), and if you only license the software to your dealers, then yes you can properly control the car repair market, for anyone who is willing to buy such a car. When you buy a new car, you should think about whether you are thereby committing to a lifelong relationship with that dealer.

The issue is that mechanics do not have a general ability to diagnose and repair problems that are reported by modern car computers.

[SapereAude]

If you create a car that can only be repaired by running a diagnostic program and you control the program (it is proprietary software, and copyrighted), and if you only license the software to your dealers, then yes you can properly control the car repair market, for anyone who is willing to buy such a car.

Thank you, that is what I didn't understand.

I have only ever driven old motorcycles.

[mrocktor]

If you create a car that can only be repaired by running a diagnostic program and you control the program (it is proprietary software, and copyrighted), and if you only license the software to your dealers, then yes you can properly control the car repair market, for anyone who is willing to buy such a car.

It is worth adding that if some third party is successful in creating an alternate program (not copied) that successfully interfaces with the car, the manufacturer cannot stop them from using it (and even selling it).

[D'kian]

It is worth adding that if some third party is successful in creating an alternate program (not copied) that successfully interfaces with the car, the manufacturer cannot stop them from using it (and even selling it).

Not from using it, no. But the manufacturer can void your warranty if you use a third party system. This would make sense because the manufacturer cannot be responsile for the actions of third parties.

Lots of warranties are void if you carry out repairs yourself, or have them carried out by a third party. An old TRS-80 Color Computer I owned had a sticker saying just that. The sticker was placed over a screw on the case. You could rmeove it, but it wouldn't stick back.