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Volkswagen Agrees To Record $14.7B Settlement Over Emissions Cheating (cnn.com)

An anonymous reader quotes a report from CNNMoney: Volkswagen's deliberate cheating on emissions tests will cost it a record $14.7 billion. And that's just the start of its problems. The settlement is only a preliminary step in the case; the automaker still faces possible criminal charges, as well as civil penalties for Clean Air Act violations. The Department of Justice is investigating possible criminal charges against both the company and individuals, said Deputy Attorney General Sally Yates. Up to $10 billion of the funds will be paid out to owners of the 487,000 affected diesel cars in the U.S., sold under the VW or luxury Audi brands. How much an owner gets will depend on whether an owner chooses to fix their car or just have VW buy it back -- they have until May 2018 to decide. Repurchasing the cars will cost VW between $12,500 to $44,000 per car. The $14.7 billion settlement estimate assumes that all the cars are repurchased. Owners who elect to get their vehicles fixed will also get a cash payment of between $5,100 and $10,000 to compensate them for the lost value of the cars, as well as for Volkswagen's deceptive promise of "clean diesel." Most of the buyers paid extra for a car with a diesel engine. In addition to the customer payments, Volkswagen will pay $2.7 billion for environmental cleanup and $2 billion to promote zero-emission vehicles. The clean up money will be used by individual states to cut other diesel emissions by replacing older, government-owned trucks, buses and other diesel engines now in use. Volkswagen is betting big on electric vehicles after this emissions scandal. It plans to deliver 30 electric plug-in models by 2025.

143 comments

  1. If no one goes to jail, it means nothing... by FlyHelicopters · · Score: 4, Insightful

    Without people being held to count for this, then it is meaningless...

    The current people who agreed to this are giving away shareholders money, not their money. What does it matter to the CEO who still gets paid, cheat and get rewarded, lied and still get something...

    Large companies will not stop doing these things just because of a fine...

    1. Re:If no one goes to jail, it means nothing... by bloodhawk · · Score: 5, Insightful

      The CEO didn't get squat, he resigned over this scandal last year so he definitely isn't still being paid and by all reports he didn't actually know anything about this but took responsibility for it anyway by resigning. Supposedly he also ensured the investigation into it was kicked off properly before he resigned. Not everything that happens in a company is because the CEO is an evil bastard.

    2. Re:If no one goes to jail, it means nothing... by Chewbacon · · Score: 1

      Who said the CEO knew? I'd hold their engineering and software developers suspect and start investigating there. This was a significant undertaking with a lot of telemetry to be analyzed for the car to recognize it was being evaluated.

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      Chewbacon
      The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
    3. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      Yes let's fill our jails with even more non-violent offenders.

      Do you dorks even think about what you're proposing? Or do you just vote Trump and hope for the best.

      A fine is more than adequate. The company can choose to fire those involved. Jail time proves nothing except your inflated sense of self-worth.

    4. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      Think his point was more even if the CEO quit / was forced out, he's still not taking any personal repercussions for his decisions. Shareholders, most certainly will.

      I highly doubt any of their management will be financially challenged.

      Capatcha: subverts

    5. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      The point is this incident while it happened while he was CEO wasn't due to some decision he made. people are greedy pricks, right down to the lowly people writing code, this "appears" to have been an incident of people closer to the bottom taking short cuts to ensure their goals/bonus's are earned rather than management instructing them to do something dodgy. You could argue that goaling people to perform causes them to act this way, but the reality is just about every company goals people to perform.

    6. Re: If no one goes to jail, it means nothing... by bloodhawk · · Score: 1

      The point being the CEO didn't appear to be the person that committed this fraud and that not everything evil that a company does has to be directly attributable to something the CEO did and at least in my opinion it is not reasonable to pile all penalties on him when he didn't actually do anything wrong.. It seems (at least on the surface) that the then CEO Winterkorn was acting in good faith and was not a party to the fraud and even went as far as assisting in uncovering it after it was revealed. I am all for locking up those responsible, and if ends up being found that he was a party to it, or even if he should have known (i.e. guilty through negligence) then throw him on the Pyre too, but at this point that doesn't appear to have been the case.

    7. Re: If no one goes to jail, it means nothing... by bloodhawk · · Score: 3, Informative

      PS: Winterkorn and other execs are actually under criminal investigation to see if they did actually have any involvement or negligence in this matter.

    8. Re:If no one goes to jail, it means nothing... by amiga3D · · Score: 1

      That's right, just let people that break the law walk away. Why prosecute anyone for non-violent crime then? The fact is that companies routinely break the law hoping to get away with huge profits and then when they get caught they pay up as part of doing business. This was a huge crime so the payback is very large financially but still and all if no one goes to jail it's no big deal.

    9. Re:If no one goes to jail, it means nothing... by Orgasmatron · · Score: 3, Interesting

      This is meaningless no matter what. VAG is getting raked over the coals for selling cars that people wanted. There was not even a hint that these cars disappointed even a single owner. And if flashing the firmware was easy, I'm guessing that pretty much every single owner would have installed this code on their own.

      This is slashdot, right? Are we still in favor of people overclocking their hardware? How about purchasing pre-overclocked gear? A few days ago, weren't we opposed to WiFi routers locking their firmware to ensure compliance with FCC rules? How are we on the opposite side today?

      The amazing thing about this story is that no one has yet found the settlement agreement sloshing millions of dollars into the coffers of communist agitator groups. Or maybe we'll find out later that VAG made a "voluntary" donation to a bunch of them in exchange for the settlement not being even higher.

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    10. Re:If no one goes to jail, it means nothing... by yoshi_mon · · Score: 3, Insightful

      Cars are not routers. Trucks are not CPUs. I can't run over someone with my overclocked desktop. I can't go at such an unsafe speed that I lose control and crash into others with my modified router.

      Your analogy is wrong. We treat vehicles very differently because of what they can do. "We" the Slashdot crowd that understand that are not opposed to modifying things that can't go at speeds that can kill someone if operated wrongly. "We" instead understand that vehicles are something that need to be well regulated due to their nature.

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    11. Re:If no one goes to jail, it means nothing... by ichthus · · Score: 3, Insightful

      I can't run over someone with my overclocked desktop. I can't go at such an unsafe speed that I lose control and crash into others with my modified router. Your analogy is wrong. We treat vehicles very differently because of what they can do. "We" the Slashdot crowd that understand that are not opposed to modifying things that can't go at speeds that can kill someone if operated wrongly.

      Have you even been following the story? You do know that this has little to do with the cars being able to run at *cough* dangerous speeds, right? Just checking.

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    12. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      You make that statement like this was something planned from the top down, all public information so far indicates this is something that was done in the bowels of the company by the engineering team. The CEO whose watch this happened under was not involved in the actual crime itself nor was he aware of nor did he authorize it but he is being criminally investigated by authorities to be certain. The current CEO is the one who took the reigns to clear up the mess, as far as I am aware he has done nothing wrong, hasn't lied or cheated and is simply doing his best to resolve the situation created by others, I am sure he doesn't like giving away shareholder money as it is never a good look but he hardly has much choice, those responsible are likely to be criminally charged unless the current investigations are botched by the police.

    13. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      from all reports it wasn't all that significant an undertaking, It was clever but hardly a massive undertaking, they simply measured a few basic parameters such as steering wheel position etc which under testing conditions would be constant. So once whoever decided to do it and what they would do it based on it would be only a relatively small and simple piece of coding, quite possibly done with only a very small group of people needing to know. I imagine it probably earned the engineering team some great bonus's for being able to make such efficient cars.

    14. Re:If no one goes to jail, it means nothing... by Uberbah · · Score: 1

      You make that statement like this was something planned from the top down

      No. He didn't. But good use of straw man + handwringing for those poor beleaguered capitalists.

    15. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      > Without people being held to count for this, then it is meaningless...

      Totally agreed.

      > The current people who agreed to this are giving away shareholders money, not their money

      Conversely, I don't give a rat's ass about shareholder money. Play casino? Prepare yourself to lose sometimes. That's life.

      To me the real traitors are not those CEOs and engineers. They're just "normal" criminals and cheaters. The real traitors are the politicians, elected by the people and bribed by the lobbies. Those are the ones playing double play.

      I'm *sure* that up there, in the political upper layers there were also people "in the know". Hoping for a leak (there's no other way these days, it seems, to get at the truth).

    16. Re:If no one goes to jail, it means nothing... by rtb61 · · Score: 1

      The point is, unless you start handing out severe rehabilatory custodial sentences, plus the full confiscation of double the profits at an individual level (bonuses et al) and follow up the route of responsibility from bottom to top, we will never ever fucking know if the CEO is an evil bastard or not! Whether the directors are evil bastards or not and as is often the case, what evil bastard politicians and government regulators were involved. Stop sticking to share holders who had no control over those outcomes. Focus in on the directors, senior executives and controlling major investors, custodial sentences and penalties as triple the profits gained as a penalty (taking into account share sales profit from short term gains prior to the collapse, bonuses paid and indirect corporate benefits).

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    17. Re:If no one goes to jail, it means nothing... by Uberbah · · Score: 1

      This is meaningless no matter what. VAG is getting raked over the coals for selling cars that people wanted.

      Wait, what? If you were caught cheating on a test in high school, would your parents have been impressed by saying, "hey, these were the grades you wanted?" You might wanna back up and start over here, because so far you've got a word salad.

    18. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      perhaps you aren't familiar with this case. where you need to start here is at the bottom where this happened. Most likely at most a small team was involved rather than a huge conspiracy from the top down that somehow managed to stay concealed for years. They are also all under criminal investigation, so far this appears to being handled exactly as it should be, though will wait to see the outcome of the investigation.

    19. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      What did VW's CEO (current or former) lie about?

    20. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      I can understand your indignation, and still: the point is that if we want to change this we gotta change the cultural environment.
      It's like doping in sports: as long as your economic survival depends on winning *and* you can't win if you don't dope... you're gonna find a way to cheat.

      I do believe Winterkorn didn't know the dirty details on how the software cheated. But as the architect of the "corporate culture setting" which made this outcome possible (even probable?), he shares a big chunk of responsability.

      The consumers, of course too: "I wanna 2 more hp for 4 less dollar, I don't care how the engineers manage that wizardry" is just asking for trouble.

      Of course the engineers take their share. It'd be their duty to whistleblow (after assessing whether there's a viable in-house alternative).

    21. Re:If no one goes to jail, it means nothing... by Oxygen99 · · Score: 1

      "We" the Slashdot crowd that understand that are not opposed to modifying things that can't go at speeds that can kill someone if operated wrongly. "We" instead understand that vehicles are something that need to be well regulated due to their nature.

      Oh. If only that were true. Have you read the comments on here before?

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      I had a dream, bright and carefree, but now there's doubt and gravity
    22. Re:If no one goes to jail, it means nothing... by Monoman · · Score: 1

      Exactly. Until people are held accountable for their actions this is going to continue to happen.

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      Keep the Classic Slashdot.
    23. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      share holders took their dividends etc for profiting off this abuse, perhaps they should have been more interested in how that money was being generated instead of just the bottom line?

    24. Re:If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      It's worth considering though - that the odds right now is that Volkswagen will not exist much longer. This is the first penalty - and almost 15 Billion it's a huge one, for perspective, when the issue first leaked VW set aside 17 Billion USD for handling the legal fallout. They sure did not expect to spend almost all of that on the very first case.
      Just in the US there are still two more cases to come (one of them criminal) - and the US is the least of their problems here. Only about half a million cars were affected in the US. In Europe it affected nearly 4 million cars, European consumers are livid and multiple civil and criminal trials are ongoing there too - all of which we can expect will have larger penalties than this did (considering they have 8 times as many victims).
      And while all this is happening - VW executives are being sued by the shareholders who blame this for destroying the value of their equity in the company. The criminal charges could very well still lead to prison sentences by the way - but even if not, when shareholders sue the executives limited liability does not apply (at least, not as much) so the main executives could lose a huge chunk of their personal wealth and assets in settlements or even bankruptcy.

      Either way - the very existence of the company is now uncertain - it's entirely possible the company will file for bankruptcy even before all the cases conclude. Their tanked share prices have cost them massive market value and they are being forced to fend of these cases with only cash-in-hand while facing the biggest slowdown in sales in the history of the company (nobody wants to buy from a company that is known to have flat out defrauded their customers).
      I am usually the one arguing that penalties for violating regulations or deceiving consumers are too light and the law effectively has no teeth against corporations and this is exactly why massive fraud and corporate malfeasance is so incredibly common that not a single company on wall street is NOT a criminal organisation - but in this case, the company really did bite of more than they can chew and the punishment is looking quite severe.

      The really interesting question is what will happen to the guilty executives afterwards. Assuming they wriggle out of jailtime and survive the shareholder suit - will they get new jobs in the field ? Have enough money to start lucrative new careers ? Carly Fiorina did not share in any of the suffering she inflicted on HP - but then she didn't get the company covered in civil and criminal lawsuits to the point where it's very existence was at risk.
      The best case scenario (for them) here is that it ends up like Enron - company bankrupted, a few executives in jail and the rest poisoning other companies.

      The downside of that scenario is that it means the executives get very little real punishment for their crimes - the people who actually get punished are the ordinary workers who lose their livelihood over a decision they had nothing to do with, no authority to stop and for the most part no knowledge off. That's usually the trouble with the way we treat corporate criminals - they never have to deal with the consequences themselves, they make ordinary workers pay for it. My vote is that if VW does go under (which is looking extremely likely) the German government should buy it up cheaply and keep the workers employed, then replace it with actual competent staff. Flat out nationalizing it would be politically difficult (despite being, I think, absolutely justified) but they may not even need to do that. Considering that in this scenario the German government will likely be one of the largest creditors in the bankruptcy proceedings - they could almost certainly just do something as simple as agreeing to forego the usual asset auction and take payment in the form of a controlling share, with the agreement to resurrect the company and give a cash injection to pay off the other creditors.

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    25. Re:If no one goes to jail, it means nothing... by Mal-2 · · Score: 1

      Of course! Martin Winterkorn, CEO in 2015 would have had no idea what was going on in Engineering. Ignore that Martin Winterkorn guy in Engineering at the time this was taking place, couldn't possibly be the same guy...

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      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    26. Re:If no one goes to jail, it means nothing... by silentcoder · · Score: 2

      > You could argue that goaling people to perform causes them to act this way, but the reality is just about every company goals people to perform.

      And if the performance you reward cannot reasonably be achieved while following applicable laws then management ought to be culpable for de facto inciting criminal actions. There is a similar problem here in South Africa in the gold mines. A team of mineworkers can in theory, mine about 5 tonnes of earth a day. There are huge bonuses paid if they make 15. They aren't paid very well to begin with (considering the danger of the work they are actually paid a pittance), and without consistently making those bonuses most of them would starve. So since almost every team makes the bonusses almost every day - why not just pay them at that rate and simplify the bookkeeping, it's what they cost anyway, what motivates the companies to disguise 2/3rds of their pay as bonuses - clearly the 5 tonne level isn't actually accurate.

      Actually it is. The only way to go beyond that is to basically ignore all safety measures and regulations. So in order to survive financially mineworkers need to forego virtually all their protections from dying today. Not letting the sprayers run properly for example, which all but guarantees breathing in mining dust that causes silicosis (but waiting for the sprayers takes a chunk of time that is needed if you want a yield over 5 tonnes).
      The result is that mining accidents alone kills numerous miners every year, nearly all of them are entirely avoidable and would not have happened if the regulations were followed. But the companies get to say they provided the right equipment and the official rules require the workers to follow the regulations - it's not their fault if the workers broke the rules.
      The fact that they made it almost impossible to follow those rules without starving really OUGHT to make them culpable for those deaths. The legislature may not agree but so far at least, it looks like the civil courts might - the court recently gave permission for a suit for causing silicosis to become a class action suit, which is likely to have many thousands of members. The case will take some time yet to come to trial but the companies fought very hard to try and prevent it becoming a class action case. Their arguments were that silicosis can be almost entirely prevented it safety measures are followed and they already pay a care fee to miners that get sick - so any cases out there now that are actually legitimate would be a few individuals where it happened despite the regulations being followed. The court rejected that argument and held that, if they are in fact responsible, they are responsible for all cases - and allowed the class action.

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      Unicode killed the ASCII-art *
    27. Re:If no one goes to jail, it means nothing... by jellomizer · · Score: 1

      Jail is an ineffective use of punishment or corrective action. It should really be limited towards people who cannot be part of civilization by being too dangerious. Also for many evil corporate scandals it isn't the action of one rougue person or even a conspiracy. Usually it is due to a too competitive culture where each employee feels the need to stretch the truth a little bit or hack the performance measure because otherwise it may look bad on you. So every stretch in the gray area adds up to crossing the line.
      So remember that when you cut a corner to reach a deadline. Fail to do that last check. Realease a known bug hopping no one will notice. Quote a bit high or too low... Those little white infractions can be part of a wider scheme to do something bad without any conscious motive.

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      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    28. Re:If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      The facts do seem to support this. Bosch wrote the original software and included the code which was used to do this cheat. It was a piece of debugging code and Bosch has shown proof of having specifically told VW not to use it in emissions tests as it's purpose was purely to validate code paths.

      All VW had to do was add a few if statements and call the debug function when those conditions were met. That said - I find it extremely implausible that a few rogue low-level employees would have done that unless there was some sort of pressure from above. Low level people generally don't get profit sharing and aren't held liable if the car fails the test. So if they don't share the rewards for success, nor the punishment for failure - there is absolutely not incentive for them to do something with such a massive risk to themselves. That incentive had to come from somewhere else, and by far the most likely source is the people who DO share the rewards for success and punishment for failure. The executives had an incentive to pass the tests without making the cars run clean. The software engineers didn't - so the executives must have given them one.

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    29. Re:If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      The parent seems to conflate "non-violent" with "victimless" the two are radically different things. White-collar "non-violent" criminals like these should be getting the book thrown at them. We can put them in all the jailcells that will be empty if we release (and stop jailing) people for the victimless crimes of smoking pot or selling blowjobs.

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    30. Re:If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      >Have you even been following the story? You do know that this has little to do with the cars being able to run at *cough* dangerous speeds, right? Just checking.

      Because poisoning people is so much better right ? That's what you are missing. Even if you are so anti-science that you entirely ignore the CO2 factor - what these engines mostly put out was extremely toxic gasses (like sulphur-dioxide) which are heavily regulated with damn good reason - because breathing that shit kills people.
      It's almost guaranteed that quite a lot of people are dead because of this fraud.

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    31. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      The scandal is about NOx. Moreover, the affected cars do not emit more of it than most comparable cars.

    32. Re: If no one goes to jail, it means nothing... by Drethon · · Score: 1

      And your point? The CEO profited from this while it was happening, and then he gets to walk away with no penalties.

      And all of those shareholders that profited from this and get to walk away with no penalties. Arrest them all!

    33. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      Martin Winterkorn had nothing to do with engineering since prior to 2007, the earliest model affected in the recall was 2008. Even if this was somehow done prior to 2007 he was at technical director level and this seems to have occurred after his time their and well below that level.

    34. Re:If no one goes to jail, it means nothing... by drinkypoo · · Score: 3, Interesting

      It's almost guaranteed that quite a lot of people are dead because of this fraud.

      The last estimate I saw suggested some 40 people may have died because of the additional NOx pollution, although pollution doesn't work that way, and auto pollution double-extra doesn't work that way. Because the vehicles produced more NOx, they also consumed less fuel and they produced less soot, HC, and CO2. They went ahead and calculated the additional deaths from NOx, but they didn't subtract the reduced deaths from soot and HC, nor from the reduced impact on climate change.

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    35. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      A bankruptcy is highly unlikely. VW is a financially solid and profitable company with large cash reserves. Furthermore, Europe is not anywhere near as litigious as the U.S. and fines tend to be a lot more proportionate to the violation in Europe. Moreover, cheap fixes (mostly software, a small additional plastic part in some cases) have already been approved for the majority of the 8.5 million affected cars in Europe. European consumers are not disadvantaged in any way, so compensations are not likely. They simply get a free fix and that's it.

      VW may get a fine in Europe, although there is no consensus over whether the EU directives mandating a fine in such a case can actually be enforced. There is probably also a lot of political pressure behind the scenes to preven such a fine - pretty much all other manufacturers have done very similar things and France and Italy are keen to protect their local manufacturers, which are in a much worse financial shape than VW.

      Some former VW employees are indeed under investigation and could well be prosecuted. They could face jail sentences or fines. VW might be able to sue some of them if they are found guilty, but I doubt that will bring more than a drup in the bucket. It's mainly a problem for those people (and rightly so), not for VW.

      As for the slowdown in sales, I don't known where you get your information from, but that is simply not happening. VW's market share has dropped slightly, but sales are on the rise for several months in a row and they have recently surpassed Toyota again as the largest car manufacturer by volume. Buyers probably either do not care or do rather buy from the only manufacturer that actually acknowledged the issue and is fixing it rather than from one of the competitors who continue to lie about it.

      The whole affair has caused a lot of damage: a year of profits has been wiped away and VW's formerly impeccable reputation has been tarnished a bit, but it is not an existential threat. The worst is over, the cases that were financially most risky are settled now (be it for an absurdly large amount) and some remaining costs may cut into this years profits if the reservation turns out not be sufficient, but there is no reason any of that will come close to remaining cash reserves.

    36. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      Cars are not routers. Trucks are not CPUs. I can't run over someone with my overclocked desktop. I can't go at such an unsafe speed that I lose control and crash into others with my modified router.

      If the term "overclocked" doesn't included thermite and rocket fuel at a minimum you are at best a power user.

    37. Re: If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      Its amazing how CEOs always jump up and down to claim bonuses for their brilliance, but when it the bad times come round, they are never responsible for anything...

    38. Re: If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      Git blame would live up to its name!

    39. Re: If no one goes to jail, it means nothing... by Bing+Tsher+E · · Score: 1

      And all the drivers who benefitted from the improved mileage of the cars while they were polluting the air not only got that benefit, they now get a bunch of money back, too!

    40. Re: If no one goes to jail, it means nothing... by Bing+Tsher+E · · Score: 1

      They filled the jail cells with that sort of people from about the years 1918 through 1935 in the USSR.

    41. Re: If no one goes to jail, it means nothing... by Bing+Tsher+E · · Score: 1

      You can't switch around the 'who' in the prior commenters text that way and not get marked down for your comment being jingoist word salad.

    42. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      >Because poisoning people is so much better right ?

      Trump card: Halon in datacentres.

      Now, can we get back to some real discussion.

    43. Re: If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      I live in a country where our military invaded other countries and killed a lot of people. Soon they'll try to arrest me for war crimes!

    44. Re:If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      The bigger issue is everyone quickly blaming someone else. We're all engineers of some form or another here, and engineers implemented this criminal enhancement, so it must have been at the behedst of the evil rich guy.

    45. Re:If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      They put out a minor and insignificant amount of nitrous oxide, which we control to an obsessive degree. Our entire infrastructure would have to get about 20 times as much atmospheric NOx to cause a health concern; and NOx breaks down harmlessly in atmosphere, with a shorter half life at higher concentrations (which is really interesting), so much so that reaching those levels is going to take 80-100 times the emissions.

      The way you're talking, it's like someone ate cabbage last week and you've opened a campaign against them venting toxic hydrogen sulfide into the air to kill every living thing on the entire North American continent.

    46. Re:If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      "What does it matter to the CEO who still gets paid, cheat and get rewarded..."

      That sounds pretty top-down to me.

    47. Re:If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      I have no doubt that sometimes engineers can and will do evil things. But people who do evil usually do it for a reason - some kind of incentive. Very few people act evilly just for the sake of it, and when there is definitely profit made from the evil act it's kind of far-fetched to suggest that people who had no benefit from that profit would have done so for the sake of pure malice isn't it ?

      So what incentive was there ? If the executives are accused, we would automatically jump to the conclusion that it was greed and probably be right. In the case where it's the lower-staff, that option doesn't exist. In fact - there is no apparent incentive, unless one was created by somebody who DID have one.

      I am not saying the engineers were "automatically" acting on behest of somebody else - I'm concluding this on the basis that if they didn't then their crime has no discernable motive whatsoever.

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    48. Re: If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      Whats your point ? Just because something was done in the USSR doesn't mean it was bad. Even bad governments get some things right. Just like even idiots sometimes vote for the best candidate even if only by accident.

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    49. Re:If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      Except of course it's half a million in the US alone - and that's the LOWEST number in the world.

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    50. Re:If no one goes to jail, it means nothing... by naris · · Score: 1

      All of the engineering for VW happens in Germany and the US Justice Department has no jurisdiction there which will complicate them putting someone in jail.

      Also, apparently it must be OK if cars kill people as no one has demanded that someone from GM, Ford, Takata or other companies that cause fatalities be put in jail. But if you screw up emissions and the executive management is clueless (which most executive management is about the details of most companies) - send them straight to jail!

      Yes, CEOs and other executive managers should be completely aware of what is going on in the company they manage. However, I have never seen that at any of the large "Fortune 500" companies that I have had experience with (which is quite a few -- especially automotive)./p?

    51. Re: If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      The rest of the world does not require cars to remain within emissions limits outside the official test and allows several methods to legally turn down emissions controls under everyday driving conditions to protect engine parts, so there is no reason to assume the NOx emissions would have been any lower without cheating. Tests in multiple European countries have shown that most other diesel cars in fact emit more NOx than the VWs with explicit cheating. Only in the US and Canada, which has similar rules, did the cheating actually lead conclusively to increased NOx emissions.

    52. Re:If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      "The CEO didn't get squat, he resigned over this scandal last year so he definitely isn't still being paid"

      Winterkorn actually had multiple jobs, he was the CEO of VW but was also a director, etc of several other VAG brands. He resigned the CEO position but kept the others.

    53. Re:If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      People in general mis-estimate their actions. Al Capone believed he was a public benefactor, providing a great service to the American people. Many people don't understand why what they're doing is wrong, no matter how much you as an observer figure they're the type of person who knows better.

      I'm *very* good with risk, and have done a lot of work in computer security. I got called on leaving my computer unlocked all the time at work, and didn't see this as a problem because the only people messing with it were *other* infosec people who were trying to prove a point. We have a locked room in a locked building, surrounded by people who can see wtf is going on; who is really going to mess with it? That's operational risk management: I'm working from threats, outcomes, probability, severity, and responses, not blind application of best practices.

      So some manager at one firm was collecting everyone's password so he could log in as them in case they were on vacation and had the required access to do something. This is bad: those people in particular were financial executors for 6-figure transactions. They had access to customer accounts, invoices, and company funds. Collecting everyone's password means you lose non-repudiation: illegal activity could be a rogue account manager, another account manager who memorized that guy's password when the password sheet came around, or the manager who was collecting passwords. Everything had to be audited because anyone could be impersonated or impersonate someone else.

      That's what my risk model missed: leaving my computer unlocked means, in some distant and theoretical sense, someone *could* (but is *extremely* unlikely to) impersonate me. It's not that I have access to anything important, or that someone could do it without getting caught; it's that there's the physical possibility I could be impersonated. As an infosec professional, I should have considered locking my computer as something important for some odd reason; but as someone familiar with operational risk, I evaluated any risks in a similar manner to accidentally stumbling into an errant cloud of hydrogen cyanide gas that somehow floated into the building.

      Someone mentioned that many other cars, which don't cheat and have legal emissions programs, *also* have an enormous deviation between their emissions in testing conditions and their emissions in road conditions--this is why emissions are tested in standard conditions: the environment can push emissions outside testing conditions, and that's okay so long as the engine operates in a particular manner regarding emissions. If it emits high emissions in testing, it will emit *even* *higher* emissions in those real-world cases.

      What if the engineer figured the car performs comparably to other, legal engines, but doesn't scale in the same manner, and so doesn't hit emissions targets during testing? The gap between a VW TDi and a compliant vehicle in real-world driving is *much* smaller (and occasionally inverted--the TDi sometimes has lower emissions) than the gap between a VW TDi on corrected software and a compliant vehicle in test conditions. It's no big deal and it doesn't matter in the real world.

      An engineer with no work ethic would see no value in that; he'd just change the behavioral characteristics of the engine and be done with it. An engineer who wants to produce the best product would have it correct as it approaches test conditions--which is approximately what this engineer did. A malicious engineer could have obfuscated it by changing some math around so that it would look legit, but seem to dip around the testing conditions.

    54. Re:If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      Your large numbers are cute, and don't address the impact of half a million cars on atmospheric concentrations of NOx.

      My point was that the *entire* fleet of vehicles in the world pumping out elevated levels of NOx would *still* have difficulty nudging us toward danger levels. When I said "Our entire infrastructure," that included coal power plants, oil power plants, gigantic factories, air and sea travel, oil refineries... our entire infrastructure.

    55. Re: If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      Nice theory but its disproven by the known evidence. Specifically that we know the origin of the code and its original purpose. It was written by Bosch as a debugging tool and there is documentation proving that Bosch had specifically warned VW not to enable it for anything else.
      So the engineers who did this did it despite being fully aware of the risks. It wasnt an oversight. It was deliberaty ignoring the warning that the code would be fraudulent to use in production.

      Every programmer has written code like that. Code which feeds something preset values so you can check that codes which consumes those values give the known right answers. Its the way unit testing works. But an accountant who sends unit test results to the IRS instead of using customer's actual books to their tax returns will go to jail for fraud. That is about the same levelof fraud as this - provided the real tax return would have had a billion dollar bill and the one he filed got a 500 million dollar rebate.

      --
      Unicode killed the ASCII-art *
    56. Re: If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      It wasn't a theory on how this happened; I more intended to show how people think about their actions. What you evaluate as deliberate malice or oversight might not fit into what the appropriate parties evaluated; this is approximately 100% of human behavior--yours included, at this moment, as you're accusing certain parties of malice in the full belief that you're 100% correct about all that.

      The test code doesn't actually send fake data out the OBD2; it sends real data, but changes the engine's operating mode. When disabled, the engine runs differently. A tail-pipe test shows compliant emissions during test mode.

      Your analogy is... poor. I get the point, although I like to use more-complete analogies; whole-body analogy is a big defect in human thinking, and humans tend to take bad analogies in full and run with it. As I said: VW didn't send fake data to anyone; this is more like a meat packer washing down the line the morning before an inspector is coming so everything looks clean and shiny.

    57. Re: If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      Which is only a problem if the meat packer does not wash the place every other day. Thats why meat inspectors show up unannounced.
      So its more like somebody who bribed the meat inspector's secretary to warn him if the ibspector is coming and never bothers to clean otherwise.

      That said. I never assumed mallice. In fact I rejected mallice as extremely unlikely. I suspect greed and even then only indirectly. I suspect that greedy executives promissed a nice bonus to the engineers if they ensure the car will pass the test regardless of how it actually runs. Executives who saw that warning from Bosch and new exactly what they wanted to happen even if they were likely too smart to ever say it outright. Nlt doing the dirty work yourself may keep mob bosses from convictions but it does not make them any less guilty.

      --
      Unicode killed the ASCII-art *
    58. Re: If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      CEO Winterkorn was acting in good faith and was not a party to the fraud

      That certainly isn't good enough. A CEO should take actually steps to try and prevent fraud. Good faith is not nearly enough.

    59. Re: If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      "I'm greedy, so I'll look the other way and give hints that this bad thing should be done, and wave money to get greedy people to do bad things" is malice.

      I suggest the executives didn't know what was going on, and the engineers didn't think it was a big deal because the car actually has emissions like other cars, except when it's on the test bench. If car A gets 40mpg and has 0.42ppm NOx on the highway, and car B gets 40mpg and has 0.42ppm on the highway *but* can't get under 0.08ppm on the artificial test bench, are you doing anything wrong by tweaking the car to get 0.08ppm on the test bench without sacrificing its performance and efficiency in the real world?

    60. Re: If no one goes to jail, it means nothing... by silentcoder · · Score: 1

      >"I'm greedy, so I'll look the other way and give hints that this bad thing should be done, and wave money to get greedy people to do bad things" is malice.

      No it isn't. Malice has a rather specific definition. Malice is causing pain or damage for the pleasure of doing so. It's doing harm because you enjoy the harm itself. Greed is not malice, it's no less bad - but it is very different. A greedy person won't harm you unless there is profit for them in it. A malicious person will harm you if they think they can get away with it.

      >I suggest the executives didn't know what was going on,
      Well at this stage we don't have conclusive evidence either way, but I suspect differently. Hopefully over the course of these court cases we'll get a definitive answer. History suggests you're wrong though - it's ALWAYS argued that the executives didn't know and it almost never turns out to be true.

      > and the engineers didn't think it was a big deal because the car actually has emissions like other cars
      Actually the difference was significant - but even if you believe it's small (I'm not disputing your numbers I dissagree with your claim that they represent a small difference but that's a subjective thing) - the car was marketted based on the test figures. VW ran massive ads about how clean their diesel cars were - even one with the cast from Mythbusters. It was a key selling point, so they were flagrantly deceiving consumers. That alone is a crime worthy of this punishment. Selling things to people by flat out lying about what they are buying is the very definition of fraud.

      --
      Unicode killed the ASCII-art *
    61. Re: If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      The affect cars are very clean. The levels of particulates and unburnt hydrocarbons - the dirty stuff that tends to come out of exhaust pipes - are extremely low. The scandal is about NOx, which may be bad in large atmospheric concetrations, but is by no means dirty. Furthermore, even the NOx levels are low compared to many other diesel cars.

      I very strongly doubt that the executives knew. If they did, VW would not have had to spend weeks finding out which models were affected and which ones were not, even at times retracting admissions. The fact that Winterkorn was first informed of concerns raised by U.S. authorities in 2014, but took no steps to either cover it up or admit it as early as possible is also very hard to reconcile with your assumption. The executives may have been negligent and they may have been responsible for an atmosphere that fostered this kind of cheating, but there is no evidence that they were aware and the facts suggest otherwise.

    62. Re: If no one goes to jail, it means nothing... by bluefoxlucid · · Score: 1

      No it isn't. Malice has a rather specific definition. Malice is causing pain or damage for the pleasure of doing so. It's doing harm because you enjoy the harm itself.

      Let me ask my cats, Merriam and Webster.

      1. the intention or desire to do evil; ill will. 2.wrongful intention, especially as increasing the guilt of certain offenses.

      So, malice means doing something by intent. It is a characteristic of an action whereby the wrongness of the action was understood when the decision to perpetrate the action was made.

      VW ran massive ads about how clean their diesel cars were - even one with the cast from Mythbusters

      VW's "Clean Diesel" marketing references the low heavy-particulate emissions. Diesel engines produce thick, harsh chunks of soot that blacken everything and burn your lungs; the Jetta TDi has a device in the tailpipe which captures this carbon, then gets real hot and burns it into smaller particulate and CO2 every 500 miles. They weren't marketing low emissions of all sorts; they were specifically marketing a lack of black clouds rolling off the back like a coal factory.

    63. Re: If no one goes to jail, it means nothing... by peawormsworth · · Score: 1

      ...and never forget... the torture.

    64. Re: If no one goes to jail, it means nothing... by Uberbah · · Score: 1

      The prior commenter's text was nonsense - no one was demanding to buy cars that were secret polluters. As for jingoist, that word doesn't mean whatever it is you think it means.

    65. Re: If no one goes to jail, it means nothing... by Anonymous Coward · · Score: 0

      The cars are not "secret polluters". The scandal was about cars that contained software that detects emissions tests and then switches engine behaviour to pollute more, but emit less NOx only during the test. As has been shown by the national vehicle approval agencies in at least three countries, the actual NOx emissions when driving under realistic conditions are not more than for comparable cars.

      The issue is that VW's software recognised the emissions test explicitly, while most other manufacturers let the behaviour depend on on factors that are not formally exclusive to the test procedure (e.g., temperature, degree of acceleration, velocity, RPM, altitude, etc.), which is all legal due to a loophole that allows using these measures to 'protect the engine'. The result is the same (oten worse), but one method is legal and the other is not. It is essentially the difference between lawyers being involved with designing ECU policy and engineers secretly cheating because they did not dare to admit that they were unable to accomplish a goal set by management.

  2. An awesome car! by Anonymous Coward · · Score: 1

    Put 70k miles of 40+ MPG driving in a large sedan.

    And now I get back basically 2/3 of the price I paid for the car brand new.

    This is fantastic. Greatest car purchase decision I made.

  3. What happened? by penguinoid · · Score: 2

    Most megacorps only get a slap on the wrist no matter how nasty a thing they do. Maybe that's only a privilege for local megacorps?

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:What happened? by amiga3D · · Score: 1

      This was several orders of magnitude worse than the usual dodge. They're going to get bent over and reamed good.

    2. Re:What happened? by Anonymous Coward · · Score: 0

      Volkswagen is a foreign company, so that makes the same thing over 300 times worse then when an American company does it, apparently.

  4. There has been lots of discussion... by toonces33 · · Score: 1

    There has been lots of discussion over at tdiclub.com. Some people are happy with the amount offered, many others are not. It depends a bit on how good a deal you got on the car originally, how much you spent on aftermarket stuff to modify the car, how many miles you drive.

  5. Re: settlement by Anonymous Coward · · Score: 1

    Did you hit your head in the tub?

  6. Now for the overdue WWI and WWII payments by Anonymous Coward · · Score: 0

    We're waiting.

    1. Re: Now for the overdue WWI and WWII payments by Anonymous Coward · · Score: 0

      There were no WWII payments, partially because the WWI payments caused WWII.

      Read a book sometime.

  7. About those electric cars... by Chewbacon · · Score: 4, Funny

    Someone better check under the hood to make sure they don't have a internal combustion engine hidden somewhere.

    --
    Chewbacon
    The Bible is like Wikipedia: written by a bunch of people and verifiable by questionable sources.
    1. Re:About those electric cars... by AmiMoJo · · Score: 1

      They may well have combustion engines. VW do a couple of all-electric models, but I imagine a lot of their coming cars will by hybrids. Maybe something like a "REX" (Range EXtended) EV, where you have a modest size battery that can do say 70km, and a small petrol engine to recharge it. For most journeys you can run entirely on electric, but for longer ones you can fuel up and not have to rely on electric charging infrastructure.

      Personally I much prefer full electric cars with no dino juice engine. Much simpler, more reliable, no need for an exhaust or petrol tank or all the other bits needed for the combustion engine and charger. I hope VW is bold enough to go battery only.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re: About those electric cars... by Bing+Tsher+E · · Score: 1

      I prefer an all electric car that litters the road with flowers, (or alternately the shredded body parts of capitalists, depending on my mood) let's make them produce that. Oh, and instead of having to press an accelerator pedal it massages my feet while I drive it.

      Surely we can force VW into producing such a vehicle.

    3. Re:About those electric cars... by Anonymous Coward · · Score: 0

      Oh, there will be a combustion engine in there. What you don't know is that there is now a sensor in the tailpipe, so any time you plug something in to test it, the software switches to pure electric mode.
      >:D

      Whaddaya mean don't give them any ideas??!

  8. Re: settlement by Anonymous Coward · · Score: 0

    Did you hit your head in the tub?

    And if you haven't, would you mind doing so now?

  9. Someone finally paying their share by Anonymous Coward · · Score: 0

    So Volkswagen was forced to pay an actual amount of taxes that a company should be paying based on profits without the benefit of a offshore haven. Good.

    (I didn't actually run any numbers, I have no idea how much they should be paying).

    1. Re:Someone finally paying their share by amiga3D · · Score: 1

      More...it's always MORE!

    2. Re:Someone finally paying their share by Anonymous Coward · · Score: 0

      Firstly, I am not aware of VW using offshore havens. Secondly, they are paying this to a country in which they have a relatively small market presence. The 'tax' the U.S. has managed to pillage from VW is probably more than the sum of all profits they have ever made in that country.

  10. Govt officials should go to jail too by schwit1 · · Score: 4, Interesting

    What kind of testing are they doing that they failed to catch this? What other more dangerous industries are they testing as incompetently?

    1. Re:Govt officials should go to jail too by Anonymous Coward · · Score: 0

      What kind of testing are they doing that they failed to catch this? What other more dangerous industries are they testing as incompetently?

      The EPA conducted lab testing as required by law, they didn't do road tests, nor were they allowed to audit the software.

    2. Re:Govt officials should go to jail too by amiga3D · · Score: 2

      The software was set up to detect if it was a real world or test environment. Given a test environment it would go into shitty running EPA mode. In real world it went into great motoring fun mode. Real slick until you get caught. They should have realized that sooner or later someone would catch on. You can't run any scam forever.

    3. Re:Govt officials should go to jail too by thegarbz · · Score: 1

      The kind that can be defeated with criminal intent. ... Just like every other industry and every other test ever.

      If you can define a test we can figure out a way around it. The key part here is that the test itself was still perfectly sound for that it attempted to do, get a baseline measurement of different vehicle emissions under carefully controlled environments.

      Any way to engineer a test around it will result in engineers engineering around the newly engineered test. If that doesn't work you can just go back to good old fashioned donations of large sums of money to the people who run the tests.

    4. Re:Govt officials should go to jail too by silentcoder · · Score: 0

      >Anyone who pays more for a car because of emissions it is said to produce, is an idiot.

      Put your money where your mouth is by putting your mouth over a tailpipe and breathing deeply.

      Go ahead.

      I'll wait.

      --
      Unicode killed the ASCII-art *
    5. Re:Govt officials should go to jail too by Anonymous Coward · · Score: 0

      The EPA published a specific test protocol, which required cars to be tested at specific ambient temperatures, specific atmospheric pressure and driven a prescribed distance at a specified range of speeds with a prescribed driving pattern.

      All cars tested, from all manufacturers, would be required to comply with emissions limits when tested under the same precise protocol.

      The VW ECU firmware specifically monitored the test protocol parameters (air temperature, coolant temperature at time of engine start, air pressure, engine run time, distance travelled, vehicle speed, etc.). It would start up in full emissions compliance mode, but any deviation from the test protocol (e.g. engine coolant temperature = 18 C, instead of the prescribed test conditions of 20 C, air pressure lower than expected for sea level, driving pattern or driving speed does not match test protocol) would result in emissions controls being disabled.

    6. Re:Govt officials should go to jail too by rhazz · · Score: 1

      You can't run any scam forever.

      +1 that. Maybe they figured the fallout would be worth the profits if they could keep it up long enough (and maybe it was). Also based on history I find it hard to believe anyone will actually do jail time for this.

    7. Re:Govt officials should go to jail too by bluefoxlucid · · Score: 1

      People are forgetting the early fall-out of the VW scandal was every other car manufacturer *also* appearing to perform a lot worse on emissions in the real-world than in testing conditions. VW pulled off theirs better than the rest of 'em.

    8. Re:Govt officials should go to jail too by thegarbz · · Score: 1

      Hardly. The other manufacturers performed consistently when the test conditions were altered, which doesn't present as much as a problem of bypassing, but of poor testing conditions. Consider the olympic swimming suits. When everyone is on a level playing field within the rules it's not cheating. You can modify the rules slightly to get the conditions you want, but it's not in the same league as someone doing performance enhancing drugs.

    9. Re:Govt officials should go to jail too by Anonymous Coward · · Score: 0

      I would not call a ten-fold increase in emissions when the temperature changes by a few degrees 'consistent'. If you want to hold on to the swimming analogy, a more correct statement would be that the other players are taking performance enhancing drugs that are not on the list of drugs prohibited for professional swimmers.

      I really don't see how tuning everything precisely for test conditions and checking for secondary circumstances that are representive of a test is any better than detecting the test cycle explicitly, especially if the former approach leads to higher emissions when on the road.

  11. BP Oil Spill... by Anonymous Coward · · Score: 0

    http://www.reuters.com/article...

    Now should BP oil have paid 10x more or VW less?

  12. And yet nobody died by jader3rd · · Score: 2, Insightful

    This is talked about as the biggest settlement ever, and it certainly is bad what Volkswagen did, but nobody died because of this. I think there are some messed up priorities in the system.

    1. Re:And yet nobody died by swm · · Score: 5, Insightful

      Actually, people did die.
      Marginal increases in air pollution cause marginal increases in deaths, mainly due to assorted respiratory ailments.
      Just because we don't know who they are doesn't make the victims any less dead.

    2. Re:And yet nobody died by Jack_the_Tripper · · Score: 0

      This is talked about as the biggest settlement ever, and it certainly is bad what Volkswagen did, but nobody died because of this. I think there are some messed up priorities in the system.

      Unless the priority is to extract money from the productive classes and redistrubute it during an election year?

      And I'm sure quite a few hippies almost died from choking on a bong hit as they learned what their beloved VW was doing to Mother Earth.

    3. Re:And yet nobody died by Anonymous Coward · · Score: 0

      And yet only VW passed the revised testing. How many diesel pickups would pass with the black smoke they are belching out? No one seems to care about people rolling coal.

    4. Re:And yet nobody died by Anonymous Coward · · Score: 0

      I care more about the stupid hicks rolling coal than the VW issue. Those trucks should be confiscated, crushed, and recycled with no compensation to the owner.

    5. Re:And yet nobody died by ichthus · · Score: 2

      Marginal increases in air pollution cause marginal increases in deaths, mainly due to assorted respiratory ailments.

      Really? How many more? Quantify it.

      --
      sig: sauer
    6. Re:And yet nobody died by ichthus · · Score: 1

      Fuk'n A, bro. Totally agree.

      --
      sig: sauer
    7. Re:And yet nobody died by Anonymous Coward · · Score: 0

      Except that the VW group cars with defeat devices did not actually pollute more than comparable cars (1, 2). They just used a different (illegal) way to pass the test than other manufacturers. The actual emissions in real-world driving are in the same range, with some cars with (as far as we know) completely legal ECU software emitting several times more.

    8. Re:And yet nobody died by Anonymous Coward · · Score: 0

      Quantify how many people died last year.

    9. Re:And yet nobody died by thegarbz · · Score: 1

      Tell me about it. Only a handful of people died in the Gulf of Mexico, why does BP pay more in fines than an airline company when a plane kills an order of magnitude more people?

      For those who can't tell I'm being sarcastic here. The point is the fine is not directly related to deaths, but rather to a range of things including harm beyond people, harm to livelyhoods, economic harm (lost value in cars as the summary says), and willful / criminal intent vs negligence vs freak accidents.

    10. Re:And yet nobody died by AmiMoJo · · Score: 1

      https://en.wikipedia.org/wiki/...

      TL;DR it's hard to put an exact figure on but it's high, in the millions. We shouldn't let being able to put an exact figure on a problem prevent us from dealing with it.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    11. Re:And yet nobody died by drinkypoo · · Score: 3, Informative

      TL;DR it's hard to put an exact figure on but it's high, in the millions.

      No, FUD-spreading liar, it is in the thousands at worst. Further, it cannot be even that number, because the study was actually shit.

      The study, published in the journal Environmental Research Letters on Thursday, concluded that most of the 59 premature deaths were caused by particulate pollution (87%) with the rest caused by ozone exposure (13%). Most of the deaths were estimated to have occurred on the east and west coasts of the US.

      The number of deaths was reached by looking at the amount of extra pollution emitted between 2008 and 2015 by the VW cars fitted with the defeat devices.

      But that is garbage, because the software also caused the vehicles to use less fuel, which means while they produced more NOx, they actually produced less PM2.5 particulates, which are the kind that cause cancer. These particulates are increased when modern diesel emissions systems are used. Gasoline cars put out just as much black carbon as diesels, and nearly all of it is PM2.5, so if those cars had not been purchased and gasoline cars had been purchased instead, a lot more harmful particulates would have been released.

      At most, thousands more people died from NOx-related effects, but no one is even trying to tell us how many less people died from PM2.5 soot causing cancer, how much less unburned HC was released due to so much less HC being injected (a 20-25% fuel savings!) and from people buying diesels when they could be buying the competition — non-plug-in hybrids. Such vehicles get no better mileage than diesels, they emit more PM2.5 than diesels, and they have two whole power systems which raises the production energy cost. Battery electrolytes are still not recycled, they are incinerated or landfilled which costs more energy, so a diesel is still superior to a non-plug-in-hybrid.

      TL;DR: You're full of shit.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    12. Re:And yet nobody died by Anonymous Coward · · Score: 0

      Probably the most intelligent rebuttal I've read yet. As a guy who does a fair amount of statistical modeling, I cringe at these "xxxx millions die" "studies".

      So....all those cheated people who bought less expensive cars with greater fuel efficiency, better driving characteristics, I bet they don't want the "fix".
      The real story is how government is forcing people to buy cars that cost more to buy, cost more to run and run worse.

      I'm already seen VW's on the side of the road for sale with signs saying "pre-fix".

       

    13. Re:And yet nobody died by Anonymous Coward · · Score: 0

      I thought the real story was about cheating and getting caught. Cheaters are really good guys and government testing is bad?

      Now I'm confused. Can you model your intelligent rebuttal in an equation? Maybe that will help.

    14. Re:And yet nobody died by AmiMoJo · · Score: 2

      No, FUD-spreading liar, it is in the thousands at worst.

      You are linking to a study about deaths attributed to VW. I was talking about the number of people who died or had significant health issues due to air pollution from all sources.

      I would accuse you of setting up a straw man argument, but I think you were just triggered and flew off the handle with range, without actually realising your mistake.

      Seriously drinkypoo, you seem really quick to anger these days.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    15. Re:And yet nobody died by bluefoxlucid · · Score: 1

      But the question was "how many more", in response to "marginal increases in air pollution cause marginal increases in deaths", in the context of an increase in air pollution from VW TDi vehicles. Your response didn't state a new context, so it would only include those new deaths from VW TDi emission increases over the baseline emission control standards.

    16. Re:And yet nobody died by bluefoxlucid · · Score: 1

      You can't undo economic harm by moving money around. Monetary damages are only good for establishing some approximation of fairness.

    17. Re:And yet nobody died by AmiMoJo · · Score: 1

      I was responding to:

      Marginal increases in air pollution cause marginal increases in deaths, mainly due to assorted respiratory ailments.

      Really? How many more? Quantify it.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    18. Re:And yet nobody died by bluefoxlucid · · Score: 1

      Yes, and your response was about air pollution from all sources, while the question was about marginal increases in air pollution, in the context of increases in air pollution from VW TDi emissions. Even putting context aside, the question asked about *increases*, while you made a statement about *all*.

  13. Re:settlement by Anonymous Coward · · Score: 0

    What a trumped-up post.

  14. Sudden environmental consciousness by allcoolnameswheretak · · Score: 0

    In addition to the customer payments, Volkswagen will pay $2.7 billion for environmental cleanup and $2 billion to promote zero-emission vehicles.

    Oh, so -now- the US -is- interested in the environment. When its about being at the receiving end, caring for the environment is just dandy, ain't it?

    1. Re:Sudden environmental consciousness by Anonymous Coward · · Score: 0

      I think all claims that any of this is about the environment can be safely put to rest with the condition imposed by the U.S. that any cars bought back in the settlement have to be destroyed. They cannot be exported or repurposed, unless they are made to comply with current California standards, which will be prohibitively expensive in some cases.

      This is clearly not about the environment at all. The purpose is to get money and to weaken competition to U.S. companies. They have been very dramatic and disingenuous from the start, making it sound like something far worse than all the comparable incidents with American manufacturers, scaring investors, trying to purposely damage VWs reputation and reduce resale value of TDi cars in the U.S.

      If they really cared about the environment, they would have reduced particulates and hydrocarbon limits, hold 'light trucks' to the same standards as passenger cars, set sane fuel efficiency standards and implement nationwide periodic emissions inspections. However, that does not make $14.7 billion cross the Atlantic...

    2. Re:Sudden environmental consciousness by Anonymous Coward · · Score: 0

      Sure - Fracking - nuff said.
      A flames out of the faucet - that's not illegal either.

      There is no such thing as clean combustion - just the pollutant 'mix'.
      In this case the consumer will get shitter lower mileage, and extra unburnt fuel will be deposited on the ground.
      If he/she buys a respectable brand, then the result will be the same .

      Maybe VW fits the car with an electronic 'choke' for cold conditions.The pollution tests would pass, and the driver has a cheat option.

  15. Money to buy their own products? by Malcolm+Chan · · Score: 1

    The clean up money will be used by individual states to cut other diesel emissions by replacing older, government-owned trucks, buses and other diesel engines now in use.

    So the older, government-owned trucks, buses and other diesel engines now in use will be replaced by newer VW vehicles? Good for sales, at least!

    --

    /MC

  16. Wonder what employees think by Anonymous Coward · · Score: 0

    There goes your raise, your bonus, etc.

    1. Re:Wonder what employees think by Anonymous Coward · · Score: 0

      VW employee salaries for the next few years were recently negotiated and the annual increase is similar to previous years, but the bonuses were reduced significantly because of the lack of profits last year. VW employees must be quite angry with with the people who thought of this 'clever trick' and with the Americans who used this to steal as much money from VW as possible. I know I would...

  17. Full refunds on all VW cars by Bruce66423 · · Score: 1

    Given that the cars are not fit for purpose, customers should have the right to return them for a full refund however old they are.

    Easy.

    1. Re:Full refunds on all VW cars by Anonymous Coward · · Score: 0

      Firstly, this is not about all VW cars, but only those fitted with one specific type of engine (EA189) and then only those sold in one specific country. Secondly, they are perfectly fit for purpose; they just happen not to meet some legal criteria. This never in any way negatively affected the usefulness of the car. If the owner sells back the car, they are selling back a car they used for several years and that now has a lower market value because of that use. There is no logical reason why the ownership of the car before the settlement should retroactively become free.

      Your proposal may be easy, but it is illogical and it would be even more out of proportion than the presented settlement.

    2. Re:Full refunds on all VW cars by drinkypoo · · Score: 2

      Firstly, this is not about all VW cars, but only those fitted with one specific type of engine (EA189) and then only those sold in one specific country.

      You are wrong on all points here. There are multiple engines involved, and German authorities say that VW cheated in Europe, too.

      Plaintiffsâ(TM) lawyers brush aside the distinction being drawn by Volkswagen. âoeThe issue of whether or not it is a defeat device amounts to very little in a legal sense,â said Bozena Michalowska Howells, a partner at the London law firm Leigh Day.

      âoeTheyâ(TM)re going to remove it and fix it, and for regulatory purposes, itâ(TM)s being deemed a defeat device,â she said.

      So in fact, this is about a broad range of cars sold in multiple countries, and you have no idea what you are talking about. Why not step aside, and let the adults speak?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Full refunds on all VW cars by Anonymous Coward · · Score: 0

      You are wrong on all points here. There are multiple engines involved [caranddriver.com]

      Those are all variants of the same engine, except for the 3.0L V6, which is not part of this settlement. Neither are any VWs sold outside the U.S. Both the 3.0L engines sold in the U.S. and the EA189 engines sold in Europe can be made to comply with regulations cheaply (a software update and for 1.6L models a plastic part that improves air mass measurements), so a buyback is not on the table.

      Please refrain from insulting people in the future. It does not make you any less wrong and it makes you look childish, which is a shame since you make some good points elsewhere on this page.

    4. Re:Full refunds on all VW cars by jittles · · Score: 2

      Firstly, this is not about all VW cars, but only those fitted with one specific type of engine (EA189) and then only those sold in one specific country.

      You are wrong on all points here. There are multiple engines involved, and German authorities say that VW cheated in Europe, too.

      Plaintiffsâ(TM) lawyers brush aside the distinction being drawn by Volkswagen. âoeThe issue of whether or not it is a defeat device amounts to very little in a legal sense,â said Bozena Michalowska Howells, a partner at the London law firm Leigh Day.

      âoeTheyâ(TM)re going to remove it and fix it, and for regulatory purposes, itâ(TM)s being deemed a defeat device,â she said.

      So in fact, this is about a broad range of cars sold in multiple countries, and you have no idea what you are talking about. Why not step aside, and let the adults speak?

      I was traveling abroad shortly after this scandal broke. I had gone on a guided tour and had dinner with a German family afterwards. The father liked my camera and was interested in getting my pictures from the trip. We chatted for hours and he gave me his business card. It turned out that he is the head of "Risk Management" for a large car manufacturer. I asked him of what he thought of the situation with VW. He made two claims to me that I (for obvious reasons) cannot verify. He said that he was personal friends with his counterpart at VW and that the company did make the decision to cheat at a high enough level that his counterpart was involved. He also claimed that VW only broke the law in the US despite the fact that it cheated emissions tests in multiple countries. He said that it was only the US that would be able to hold VW accountable as a country. Whether or not these statements are true, I cannot say.

    5. Re:Full refunds on all VW cars by Anonymous Coward · · Score: 0

      He wanted pictures of your guided tour so....he could see what his competition was up to?

    6. Re:Full refunds on all VW cars by unique_parrot · · Score: 1

      That was a fine dinner you had...

  18. Can't charge too much by Anonymous Coward · · Score: 0

    They can't charge too much or the US might see Audi, Bentley, Bugatti, Ducati, Lamborghini, MAN, Neoplan, Porsche, SEAT, Scania, Skoda, and Volkswagen vehicles no longer being sold there.

    1. Re:Can't charge too much by chill · · Score: 1

      And?

      --
      Learning HOW to think is more important than learning WHAT to think.
  19. How does one spell protectionism by Anonymous Coward · · Score: 0

    This whole prosection is only happening becaue VW and its shareholders are from Europe. American car makers have done a lot worse and gotten away with far smaller fines.

  20. Not what people wanted by sjbe · · Score: 1

    VAG is getting raked over the coals for selling cars that people wanted.

    No they are getting raked over the coals for selling cars that they claimed were what people wanted when in fact they fraudulently were not.

    There was not even a hint that these cars disappointed even a single owner.

    Bull droppings. 20 seconds on Google would clearly establish that there are a lot of owners that are very disappointed in these cars now that they know they are not what they were claimed to be.

    And if flashing the firmware was easy, I'm guessing that pretty much every single owner would have installed this code on their own.

    Flashing firmware on a car IS easy if you have the right equipment. That doesn't mean people want to do it on their own. First, doing so can void the car's warranty. Second, doing so can result in a vehicle that performs worse or not at all if something goes wrong. Even the car companies don't mess around with the firmware on a production vehicle unless they absolutely have to. Third, just like with PCs, many people are uncomfortable screwing around with the internals even if they are smart enough to do it.

  21. Statistical inference by sjbe · · Score: 1

    The last estimate I saw suggested some 40 people may have died because of the additional NOx pollution, although pollution doesn't work that way

    When you are talking about large populations it actually does work that way. They can't tell you which 40 they are and there are some meaningful error bars around that number. But it's not impossibly hard to show how a given source of pollution impacts the health of a population. Doing it right is just a lot of work. You compare the heath outcomes to a control group and control for variables. Typically when they cite these studies they are talking about models rather than retrospective data analysis which is usually where things go off the rails. If they are talking about a computer model which has not been checked against real world data then yes you should be suspicious. But just because there are bad models out there doesn't mean it is impossible to do it correctly.

    Because the vehicles produced more NOx, they also consumed less fuel and they produced less soot, HC, and CO2. They went ahead and calculated the additional deaths from NOx, but they didn't subtract the reduced deaths from soot and HC, nor from the reduced impact on climate change.

    Just because there might be offsetting deaths doesn't mean the effects of the NOx aren't real. You might (stress might) be right about the fact that the overall mortality rate might not change much but that doesn't mean a specific cause can be ignored. If more people die in car crashes then fewer will die from heart disease. That doesn't mean the car crash problem can be ignored or discounted.

    1. Re:Statistical inference by drinkypoo · · Score: 1

      You might (stress might) be right about the fact that the overall mortality rate might not change much but that doesn't mean a specific cause can be ignored.

      The question is how many people died because VW cheated. If the net result is 0, what more is there to say? In fact we don't know, because there has been no good-faith attempt (by either side) to make such a determination. VW obviously has no motivation to participate in such an effort, so it's disappointing that no one else seems to be interested either.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Statistical inference by khallow · · Score: 1

      When you are talking about large populations it actually does work that way. Oh look, another zero evidence opinion on the internet. I was so worried that we'd run out of them.

  22. VW isn't going away by sjbe · · Score: 1

    It's worth considering though - that the odds right now is that Volkswagen will not exist much longer.

    Unless the German government decides to let VW fail it will not go anywhere. Yes there will be substantial financial fallout but I doubt a VW liquidation is likely. The government of Lower Saxony owns 20.2% and German law requires an 80% shareholder agreement on any major decisions. As large shareholders they are unlikely to let VW cease to exist.

    This is the first penalty - and almost 15 Billion it's a huge one

    VW has around $48 Billion in cash an equivalents. Furthermore with the government as a shareholder it potentially can tap into lines of credit. It's going to suck but VW has a pretty strong balance sheet to weather the storm.

    1. Re:VW isn't going away by silentcoder · · Score: 1

      Well that only supports my conclusion: that VW is likely to end up a government owned company much like what happened with GM rather than actually going bankrupt.

      --
      Unicode killed the ASCII-art *
  23. All fixed by Anonymous Coward · · Score: 0

    Actually, in theory, people did die.
    Marginal increases in air pollution potentially caused marginal increases in deaths, mainly due to assorted respiratory ailments.
    Just because we don't know who they are doesn't make the theoretical victims any less dead.

    Let's not go touting your theory as fact, now. After all, this is Slashdot. We know better.

  24. Who is next? by unique_parrot · · Score: 1

    Every car producer lies... Why it's only hitting VW?

    1. Re:Who is next? by Anonymous Coward · · Score: 0

      VW has a relatively small presence in the US, has lots of money and a very good reputation. The Americans found an opportunity to hit a large competitor to US government-backed car manufacturers and they took it. They managed to pillage billions of dollars and smeared the reputation of one of the national symbols of pride in Germany on one of the subjects that Germans care most about - the environment. The operation was even more succesful than the Toyota sticky pedal scam.

      Meanwhile, GM, Fiat Chrysler and Ford continue to cheat in other parts of the world in much the same way as VW was doing and they all got away with a slap on the wrist when they did it in the US.