ECU Calibration Sharing - Clarification Requested
Evolving Member
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Posts: 457
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From: In Hell, but making my way out
Point is, tunes or maps cannot be copyrighted because they are esentiallly hacks of the Factory/OEM programming and hardware without express permission or licensing from the manufacturer. You can't go around changing the tables in the factory map and making your own and think you have intellectual rights to that map or maps no matter how much money and time is spent. There is no gray area. Since ECUFlash has been released, many tuners will try to protect their revenue by any means necessary. If there is question, those who run EvoM should contact a real Copyright Attorney and find out for yourselves. Make sure to let them know that most if not all tuners "Hack or Reverse Engineer" the factory ECU/ECM to tune the cars for aftermarket parts that are not legally supported or condoned by the factory.
There is plenty of illegal stuff posted that is on this forum(everytime someone posts a picture or runs a photoshop contest essentially hacking photo's without the original artist/copyright holders permission for fun or not, and yes that is correct), but no real issues that I'm aware of have caused any financial or legal strife or hardship. Out of respect, people should not post tuner maps in some cases, not for financial or legal reasons pertaining to a non-existent tuner map copyright issue. Tuners look at each others tunes everyday and talk smack back and forth after making adjustments on each others maps(you know who you are), so now you are going to try to make it illegal to view, share, or eventually retune maps. If by some act of god you could copyright your maps (which won't happen) someone will start sueing left and right. Suddenly the "self use permission clause" for each tune or map would limit or restrict other tuners from re-doing or adjusting the tune, people will start being counter productive because of bitter legal fights. How far do you guys want to go with this? Do not kid yourselves, this will get out of hand in one way or another and ultimately shoot yourselves in the feet. There is no, nor will there ever be a copyright issue with tuner made maps on a Hacked OEM ECM/ECU unless it is a copyright/patent/reverse engineering complaint or lawsuit coming from the factory towards the tuners and enthusiasts. Hell, most of the stuff being done to Evo's for street driving is illegal, but most if not everyone still does it.
It's like Drug Dealers arguing over who stole who's crack formula and trying to patent it. It's illegal but all in the name of business. LOL
Do you really want to open this can of worms???
You guys will ultimately do what you want, and I guess we can get our popcorn and sit back and watch the show.
There is plenty of illegal stuff posted that is on this forum(everytime someone posts a picture or runs a photoshop contest essentially hacking photo's without the original artist/copyright holders permission for fun or not, and yes that is correct), but no real issues that I'm aware of have caused any financial or legal strife or hardship. Out of respect, people should not post tuner maps in some cases, not for financial or legal reasons pertaining to a non-existent tuner map copyright issue. Tuners look at each others tunes everyday and talk smack back and forth after making adjustments on each others maps(you know who you are), so now you are going to try to make it illegal to view, share, or eventually retune maps. If by some act of god you could copyright your maps (which won't happen) someone will start sueing left and right. Suddenly the "self use permission clause" for each tune or map would limit or restrict other tuners from re-doing or adjusting the tune, people will start being counter productive because of bitter legal fights. How far do you guys want to go with this? Do not kid yourselves, this will get out of hand in one way or another and ultimately shoot yourselves in the feet. There is no, nor will there ever be a copyright issue with tuner made maps on a Hacked OEM ECM/ECU unless it is a copyright/patent/reverse engineering complaint or lawsuit coming from the factory towards the tuners and enthusiasts. Hell, most of the stuff being done to Evo's for street driving is illegal, but most if not everyone still does it.
It's like Drug Dealers arguing over who stole who's crack formula and trying to patent it. It's illegal but all in the name of business. LOL
Do you really want to open this can of worms???
You guys will ultimately do what you want, and I guess we can get our popcorn and sit back and watch the show.
Evolving Member
iTrader: (3)
Joined: Jul 2005
Posts: 457
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From: In Hell, but making my way out
Enforceable intellectual property rights to the ROM images/maps from their (tuners)devices or software produced would be at best, be deemed a "derivative work" by the US Copyright office (see http://www.copyright.gov/circs/circ14.pdf).
The only entity that has an enforceable copyright is the one that created the OEM ROM image. Straight from the horses mouth. Just got off the phone with the Gov Copyright office. If you wish to push the issue, every tuner has violated the "DMCA".
Quote:
In any case where a protected work is used unlawfully,
that is, without the permission of the owner of copyright,
copyright will not be extended to the illegally used part.
WHO MAY PREPARE A DERIVATIVE WORK?
Only the owner of copyright in a work has the right to prepare,
or to authorize someone else to create, a new version
of that work. The owner is generally the author or someone
who has obtained rights from the author.
In any case where a protected work is used unlawfully,
that is, without the permission of the owner of copyright,
copyright will not be extended to the illegally used part.
WHO MAY PREPARE A DERIVATIVE WORK?
Only the owner of copyright in a work has the right to prepare,
or to authorize someone else to create, a new version
of that work. The owner is generally the author or someone
who has obtained rights from the author.
Last edited by Dayton_EVO; May 22, 2006 at 12:11 PM.
You have the owner's concerns and policy stated above. The legal opinions now being stated as "law" go well beyond the intent of this thread. Particularly when the arguments are offered by individuals (including me:
) who are not qualified to opine on any legal matter. Thread closed.
Speedlimit...
) who are not qualified to opine on any legal matter. Thread closed.Speedlimit...



