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Tesla Bans Customers From Using Autonomous Cars To Earn Money Ride-Sharing (arstechnica.com)

Late Wednesday, Tesla announced the Model X and Model S electric vehicles, boasting that they will come with the necessary hardware to drive completely autonomously at some point in the future. Naturally, one of the frequent questions that followed the event was: "Can I use my Tesla car as a Uber driver?" Well, Tesla was anticipating this question and even buried the answer on its website. From an ArsTechnica report: On Tesla's website, the section that describes the new "Full Self-Driving Capability" (A $3,000 option at the time of purchase, $4,000 after the fact) states "Please note also that using a self-driving Tesla for car sharing and ride hailing for friends and family is fine, but doing so for revenue purposes will only be permissible on the Tesla Network, details of which will be released next year."

187 of 305 comments (clear)

  1. Sorry - whose car is this? by mccalli · · Score: 5, Insightful

    If it's good enough to drive at all, it's good enough to be put to use for the purpose I bought it. That purpose might well be a revenue-earning ride sharing thing. Sounds like they're looking for a rent cut from your own purchased car.

    1. Re:Sorry - whose car is this? by avandesande · · Score: 3, Insightful

      Or maybe, just maybe don't want to be liable for problems when a customer is using it for profit?

      --
      love is just extroverted narcissism
    2. Re:Sorry - whose car is this? by Anonymous Coward · · Score: 1

      If they made my car useless, I'd sue them into the fucking ground.

    3. Re:Sorry - whose car is this? by zlives · · Score: 2

      so it doesn't work? other wise why is it ok to use for end user?
      can the end user selfdrive and be an uber driver?

      the lawsuit will be interesting

    4. Re:Sorry - whose car is this? by ScienceofSpock · · Score: 1

      They specifically state that it is only permissible on their upcoming "Tesla Network", which is presumably their own version of Uber or Lyft, so it seems likely that this probably is about both liability AND profits. You can't use it on any other ride sharing network, and I'll bet the terms of use for their network specifically waives liability for them.

    5. Re:Sorry - whose car is this? by unixisc · · Score: 1

      You mean I can't replace their software w/ Linux or Minix and then put it whatever AI is needed to make it automatically steer and speed as required?

    6. Re:Sorry - whose car is this? by Gilgaron · · Score: 1

      Out of curiosity, when freeware is licensed to be free for personal use but paid for business use, is this generally enforceable? If so, then that'll be the precedent. I've seen language like that in EULAs but as we know that doesn't always mean much.

    7. Re:Sorry - whose car is this? by houstonbofh · · Score: 5, Informative

      Not working so well for John Deer owners... http://modernfarmer.com/2016/0...

    8. Re:Sorry - whose car is this? by houstonbofh · · Score: 1
    9. Re:Sorry - whose car is this? by mjwx · · Score: 1

      You see, when you "buy" a Tesla, what you're really getting is a time unlimited lease agreement with stipulations on how it can be used. Much the same as if you "bought" a DVD or Apple product, it remains the sole property of the manufacturer and you're just permitted to use it in exchange for money.

      That purpose might well be a revenue-earning ride sharing thing

      Then they don't have to worry, your Tesla will depreciate faster than you could earn from Uber at its sub minimum wage levels. Then we have consumables and limitations (after the battery runs flat, you'll need to charge it for a few hours), towing costs and what not.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    10. Re:Sorry - whose car is this? by houstonbofh · · Score: 1

      Oh, they can do a lot more... https://securityledger.com/201...

    11. Re:Sorry - whose car is this? by mysidia · · Score: 4, Insightful

      This is likely to result in Antitrust actions against Tesla, for the same reason that Ford can't run their own gas station chain and ban you from using fuel supplied by other brands. You don't have to be a monopoly for it to be illegal for you to attempt to restrict a manufactured good to your particular service, when there are otherwise competing options.

    12. Re:Sorry - whose car is this? by Jason1729 · · Score: 5, Insightful

      If you don't own a license to do whatever you want to do with the car for the lifetime of the car, you'd have to be a complete idiot to buy said car.

      Up until 5 minutes ago, I was a Tesla fan. Now I'm saying anyone who buys a Tesla is a complete idiot. What a great move this is for them.

    13. Re: Sorry - whose car is this? by Type44Q · · Score: 1

      You're thinking UberX. Think UberBlack.

    14. Re:Sorry - whose car is this? by zlives · · Score: 1

      only difference is that you are not getting the car for free.

    15. Re:Sorry - whose car is this? by XxtraLarGe · · Score: 1

      If it's good enough to drive at all, it's good enough to be put to use for the purpose I bought it. That purpose might well be a revenue-earning ride sharing thing. Sounds like they're looking for a rent cut from your own purchased car.

      Oh, you own the car alright, but you license the self-driving software...

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    16. Re:Sorry - whose car is this? by Anonymous Coward · · Score: 1

      there might be a bit of difference in the tesla owners and the tractors owners ability to deal with a silicon valley company.

      Wow, you are one SHELTERED twit.

      Farming is BIG business.

      Look around you. See all those people?* They ALL have to eat.

      * - If you don't see any people? Come up out of your parents' basement - don't worry, you won't get the bends. Go outside. Look around. Oh, yeah, that bright thing in the sky? That's called the "Sun".

    17. Re:Sorry - whose car is this? by swb · · Score: 1

      VMWare used to (and maybe still does?) have a license that said you couldn't use their hypervisor in a hosting environment, at least with the conventional end-user license. This was long enough ago that that at the time the business hosting really meant either multi-tenant http hosting on a single box, or dedicated physical server hosting and there was no openstack or similar competing virtualization system like there is now.

      I'm guessing that it was meant to allow VMware to "capture" the added revenue potential that would exist if a hosting company at the time had been able to sell VMware VMs at dedicated hardware pricing. They'd sell you the license to do it, but it wouldn't be the normal end user licensing rate.

    18. Re:Sorry - whose car is this? by Anonymous Coward · · Score: 2, Funny

      A lot of farmers have guns......a lot of Tesla owners don't...

    19. Re:Sorry - whose car is this? by shaitand · · Score: 4, Insightful

      Being a big business doesn't make it something most people can relate to. A judge and jury aren't likely to relate well to some issue with some tractor, the idea someone sold a car and then subsequently vandalized it and rendered it inoperable because they didn't like how the buyer used it... that they can understand. They likely own zero tractors and two cars a piece.

    20. Re:Sorry - whose car is this? by shaitand · · Score: 2

      "Up until 5 minutes ago, I was a Tesla fan. Now I'm saying anyone who buys a Tesla is a complete idiot."

      I'm with you.

    21. Re:Sorry - whose car is this? by houstonbofh · · Score: 1

      Read more... It is made impossible to even diagnose what is wrong.

    22. Re:Sorry - whose car is this? by random+coward · · Score: 1

      They created the copy of the software on the car when they manufactured it. I need no license to create a copy of a book I buy. The reason for licensing the copy of software is the act of installing it usually entails copying it to the device. This is not such a case. If no license is required, then why is there a licensing agreement?

    23. Re:Sorry - whose car is this? by Impy+the+Impiuos+Imp · · Score: 3, Insightful

      You may own the car, but you do not own the software that operates it. The right to use that software is granted to you under certain conditions, of which this apparently is one. It can be revoked at any time, effectively rendering the car useless.

      You may own the car, but you do not own the software that operates it. The right to use that software is granted to you under certain conditions, of which this apparently is one. It can be revoked at any time, effectively rendering the car useless.

      Whose car is it? And you will reply something. And I will again ask whose car is it? Repeat until it js my car.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    24. Re:Sorry - whose car is this? by Anonymous Coward · · Score: 1

      I suspect if you *erase* the ECM code totally, including any boot firmware, then the leg they are standing on gets kicked out from underneath them. At that point you are talking hardware again.

      Once all of their licensed code is gone, then you are free to put your own in. ( assuming you own it and not lease, or public roads with unapproved code, etc etc )

    25. Re:Sorry - whose car is this? by Impy+the+Impiuos+Imp · · Score: 1

      Let's see a car company disable your car for breaking their software license and see how long it takes for that to be outlawed.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    26. Re:Sorry - whose car is this? by K.+S.+Kyosuke · · Score: 1

      It's an analogy with other existing vehicles.

      --
      Ezekiel 23:20
    27. Re:Sorry - whose car is this? by MachineShedFred · · Score: 1

      You realize he's talking about the precedent set by every other car manufacturer out there, which use ECUs and exhaust systems?

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    28. Re:Sorry - whose car is this? by mrchaotica · · Score: 1

      FYI, in 2016 America a "farmer" is not some hick with 40 acres and a mule. Instead, he's the manager of a team of scientists and mechanics who farm thousands or millions of acres at a time using petrochemicals and highly-automated heavy machinery.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    29. Re:Sorry - whose car is this? by mrchaotica · · Score: 1

      Up until 5 minutes ago, I was a Tesla fan.

      This isn't the first instance of Tesla abusing copyright to infringe on people's actual property rights. I don't remember what the previous issue was, but I definitely remember that I made the same decision you just did something like a year or so ago.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    30. Re:Sorry - whose car is this? by MachineShedFred · · Score: 1

      Please point out where non-software Apple products are included in this suggested "unlimited-time lease agreement", because that sounds like a baseless accusation which is completely off-topic.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    31. Re:Sorry - whose car is this? by niaxilin · · Score: 2

      Now I'm saying anyone who buys a Tesla is a complete idiot.

      Do you refuse to buy software if it offers both an Open Source license and a Commercial license at different prices with different usage restrictions?

      Tesla is selling software as well as hardware, and it sounds like they are going to offer different software licensing terms to different buyers. As long as these terms are spelled out upfront, and don't become more restrictive over the lifetime of the car, I will make my decision based on actual costs and benefits to me.

    32. Re:Sorry - whose car is this? by uberdilligaff · · Score: 1

      How about I summon your Uber-Tesla to take me to lunch from it's quiet day depreciating in the parking lot while you work, and you never see it again? I'll pick up my accomplice along the way, then I'll be seen leaving the car at my destination. He'll shut off autopilot and drive it off to somewhere secluded and dark. Your robotic money maker is no longer yours. Expensive unattended stuff, inviting strangers to come inside where the controls are, may not end well.

      --
      Against stupidity, the Gods themselves contend in vain. --Friederich Schiller
    33. Re:Sorry - whose car is this? by Anonymous Coward · · Score: 1

      That's not how DVDs work. You buy the DVD. It is your property. You don't own the copyright to it, but you do own a copy of it. There are limits on legal use, but they're set by copyright law, not the manufacturer. Just as owning a house doesn't mean that you can set it on fire without a permit from the fire marshal, owning a DVD doesn't mean that you can show it in a theater to a group of people or copy it and share it on the internet. These uses are restricted by law, not policy.

    34. Re:Sorry - whose car is this? by pla · · Score: 2

      All the major auto manufacturers have abused the DMCA when it comes to their computers, and I vehemently oppose that (but good luck finding a car that doesn't apply to)...

      But this? This moves us into a whole different ballpark of abuse.

      Fourth'ing the GGGP - I had fully planned to buy a Tesla as my next car (probably five-ish years from now). If this policy stands, despite having no intention of ever actually renting my car out, fuck Tesla.

    35. Re:Sorry - whose car is this? by mrchaotica · · Score: 1

      good luck finding a car that doesn't apply to

      That's easy: you just restrict your search to cars old enough not to have significant software. (Or, a more relaxed standard: old enough not to have software complex enough to get USB bug fixes, or that uses a radio to "phone home" to the manufacturer.) My newest car is a 1998 VW diesel. I don't know if the ECU is actually DRM'd or not, but it didn't stop a chip tuner from being able to re-flash it to edit the fuel/air/boost maps.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    36. Re:Sorry - whose car is this? by 91degrees · · Score: 1

      If you need a licence to do whatever you want with the car, you don't own the car. You just have permission to use it.

    37. Re:Sorry - whose car is this? by Gavagai80 · · Score: 1

      "Hick" farmers worth millions of dollars? Unfortunately there isn't an inheritance tax for non-millionaires.

      --
      This space intentionally left blank
    38. Re:Sorry - whose car is this? by zlives · · Score: 1

      exactly, just imagine a social media campaign against Tesla marketing department.

    39. Re:Sorry - whose car is this? by just+another+AC · · Score: 1

      Let's see a car company disable your car for breaking their software license and see how long it takes for that to be outlawed.

      Why would they do that when they could just disable the autopilot feature. Easy way to enforce it, leaves the user with a functional car and punishes the user.

      Musk didn't get where he is by making stupid decisions (Note: stupid different to good/moral)

    40. Re: Sorry - whose car is this? by jdunn14 · · Score: 1

      The land could easily be worth millions and the farmer have little to nothing else. It's not the 40 acre hick, but a few hundred acres isn't crazy.

    41. Re: Sorry - whose car is this? by jdunn14 · · Score: 1

      OK, I take a dump in the backseat

    42. Re:Sorry - whose car is this? by radarskiy · · Score: 1

      "other wise why is it ok to use for end user?"

      Because that case the end user is the only one at risk.

      When used in a crypto taxi service, there is also a passenger. In the event of an problem, the passenger will go after the party with the money which will not the the "self-employed" not-a-taxi driver but rather Tesla.

    43. Re:Sorry - whose car is this? by mSparks43 · · Score: 1

      I don't think its a licence thing - I think it's an insurance thing.

      Tesla provide crash insurance if their software causes an accident. That insurance does not cover the software acting as a Taxi service. If you want to provide a Taxi service you need insurance to cover it. Which they are saying "will come" - but they do not have yet.

      Don't think that is anything unusual.

    44. Re:Sorry - whose car is this? by Cederic · · Score: 1

      When you let your Tesla go out by itself and do Uber driving to make you money, and some malicious bastard makes your car crash and kill someone, are you going to accept the murder charges?

      Surely the malicious bastard takes the murder charges? I haven't seen Avis executives going to jail for involuntary manslaughter by their customers recently.

      If the car is autonomous, how the fuck is it your fault if someone crashes?

      Just how/why is providing a ride sharing service different if you're taking money for it or you're taking blow jobs from your sister in law for it? Tesla differentiate between the two but legally they're pretty much the same.

      Then wake up, cream puff.

      Yum. If I was a cream puff I'd stay at home and lick myself.

      It's about Tesla looking after YOU !!!
      Protecting you from your own stupid instincts.

      No, it's about Tesla trying to earn money from their customers through royalties/commission or just through directly controlling the entire revenue stream.

    45. Re:Sorry - whose car is this? by Cederic · · Score: 1

      2. How can an Uber driver afford a new Tesla ?

      If a Tesla is fully autonomous then how can anybody that can't afford a Tesla be an Uber driver.

      Shit, I'd buy as many as I could afford. Let them loose. Use a tiny subset of the rental income to pay someone to look after them and clean them for me.

      Except that I can't. Tesla want to do that themselves.

    46. Re: Sorry - whose car is this? by Cederic · · Score: 1

      National 'Take a shit in your automated Tesla cab' day?

    47. Re: Sorry - whose car is this? by crt · · Score: 1

      The real isn't isn't who owns the car or the software, it's the always-connected online services that will be required for autonomous operation.
      The ride sharing limitations will almost certainly be covered under the TOS for those services. If you don't agree, the car is still yours but they can cut your services access at any time.
      The good news is that competition will eventually solve this problem. Tesla is far from having a monopoly on self driving cars.

    48. Re:Sorry - whose car is this? by wired_parrot · · Score: 1

      If it's good enough to drive at all, it's good enough to be put to use for the purpose I bought it.

      The problem is there's likely regulatory issues involved. In states where legislation to regulate self-driving cars has been introduced, they've largely been treated as experimental vehicles where their usage is restricted. Using it for commercial purposes would likely violate the limited scope under which these vehicles have been allowed in the road.

    49. Re:Sorry - whose car is this? by niaxilin · · Score: 1

      By Open Source license I meant JetBrain's discount license for open source projects. https://www.jetbrains.com/buy/...

    50. Re: Sorry - whose car is this? by Mattcelt · · Score: 1

      This is not technically true. The same protection is offered to all products in all industries via the Magnuson-Moss Warranty Act. The difference here is that some vehicle companies tried to do an end run around it and were slammed by the FTC for doing so.

      I wonder if Tesla will try to claim that they do the maintenance for free and are therefore exempt. But I think (and hope) there will be a quick and considerable backlash against them, both from consumers and the courts.

  2. Your car is not your car by RumGunner · · Score: 4, Insightful

    Give us a lot of money, and you get no ownership of anything. Welcome to the World of Tomorrow!

    1. Re:Your car is not your car by __aaclcg7560 · · Score: 1

      Just like real estate. Stop paying property taxes and see how long you "own" your house before the county forecloses.

    2. Re:Your car is not your car by mark-t · · Score: 1

      It depends on where your house is.

      Which county do you pay property taxes to if your house is on international waters?

      You only need to pay mooring fees when you dock.

    3. Re:Your car is not your car by fyngyrz · · Score: 1

      ...and the "cloud" -- if it's in the "cloud", someone else owns it. Even when they tell you you own it.

      It's not on your hardware, it's not on your software, it's not in your storage, it's not on your premises, and you have zero control over any of the actual foregoing locations / instances.

      But hey, everyone, keep that cloud-ward stampede going. They love ya for it.

      --
      I've fallen off your lawn, and I can't get up.
    4. Re:Your car is not your car by __aaclcg7560 · · Score: 1

      It's not on your hardware, it's not on your software, it's not in your storage, it's not on your premises, and you have zero control over any of the actual foregoing locations / instances.

      That's why I'm pulling my data out of the could. If I keep anything in the cloud, it will be encrypted backups.

    5. Re:Your car is not your car by mysidia · · Score: 2

      Just like real estate. Stop paying property taxes and see how long you "own" your house before the county forecloses.

      This can be a short or long time, potentially. After you fail to pay your taxes, they can put the lien against your property, and then resell your debt to investors.....

      Who can then earn a high amount of interest on your debt, and they'll foreclose when they are good and ready.
      I.E. After the compounding interest and penalties increase the debt as much as possible, but equal or less to what they expect to recover by evicting you and auctioning the property.

      In other cases, they might hope to foreclose early and auction your $2 Million house to one of their political buddies for a selling price of $20,000.

    6. Re:Your car is not your car by Anonymous Coward · · Score: 1

      As a long term sailor I can tell you that the state manages to get its dues from the sailing community. A lot of jurisdictions require a boat to be registered which in turn requires a land-based address. A lot of marinas and slips require insurance and/or registration.

      I recall arguing with a slip manager about the requirement of insurance. He told me that I had to be insured in case the boat came off the hoist at the slip and was damaged/destroyed. While I was explaining that *he* needed insurance in case *he* broke my boat by letting it fall of the hoist. The situation was ridiculous. Needless to say my boat stayed in the water that day.

      Boats require a lot of maintenance, and no matter how idyllic sailing around the world may seem, at some point people like to come ashore. There are many many restrictions on mooring and using marinas. This means that living "free" on the ocean is a complete fallacy and is only possible in the more remote parts of the world. North America, the Med, all around the UK, and Australia (places I have sailed) it is completely impossible to sail "off grid" unless you live like a sea gypsy and do not maintain your vessel. These are the run-down shabby boats you see in small inlets, up rivers, and permanently moored. With or without someone living aboard, they are not sea worthy, yet they aren't worth the money to register and insure them so they can't be slipped and repaired.

    7. Re:Your car is not your car by __aaclcg7560 · · Score: 2

      I recall arguing with a slip manager about the requirement of insurance. He told me that I had to be insured in case the boat came off the hoist at the slip and was damaged/destroyed. While I was explaining that *he* needed insurance in case *he* broke my boat by letting it fall of the hoist. The situation was ridiculous. Needless to say my boat stayed in the water that day.

      The leasing office for my apartment complex argued for years that I needed to have renter insurance by saying it was THE LAW. The funny thing is that they could never cite which law required renter insurance. A few years ago they made it a lease item that every resident must have insurance. The leasing office wanted everyone to use the corporate insurance. I went with AAA for my policy. The leasing office wanted to be listed as a party of interest on any outside policies, which meant they could drain my policy first before their policy would kicked in. Since many residents were AAA members, AAA refused to do that and the leasing office couldn't do anything about that.

    8. Re:Your car is not your car by K.+S.+Kyosuke · · Score: 1

      Well, you get what you pay for. It's not like Tesla is the only car manufacturer you can choose from.

      --
      Ezekiel 23:20
    9. Re:Your car is not your car by mark-t · · Score: 1

      Insurance, registration, and maintenance fees are not property taxes, which was the issue I was addressing Property taxes are paid to the municipality for permission simply to use the land for the housing that you *do* own. If you do not live on the land, then you do not pay property taxes, period. You may pay mooring fees, but if you should keep your boat undocked most of the time, and far enough away from the coast, then you only pay such fees when you are docked, and not for all of the time that you are using the boat on the open water.

      But waxing a bit scifi here... what if you built a structure at the bottom of the sea, and lived there? I seem to recall there was a James Bond movie where the villain had some sort of set-up like that, actually.

    10. Re:Your car is not your car by mark-t · · Score: 1

      You can have a country that the boat is registered to... that doesn't mean you are paying property taxes. For boats that you live on, the closest thing to property taxes is mooring fees, (the marina pays property tax though), and if you not not keep your boat docked most of the time, then you only pay mooring fees for the times that you are docked, and not when you are using your boat on open water.

    11. Re:Your car is not your car by bingoUV · · Score: 1

      Taxes, most taxes, are not in exchange of anything in particular. Specifically property taxes - You owe the tax, whether you use the land/house or not, whether you are in the country at the time or not, whether the municipal area does any work or not.

      Similarly income taxes are not in exchange of anything - not of letting you use your money, not of allowing you to work, they just are owed whether you like it or not. Because they have a bigger stick than you, because most people support it, because they can, I would even say because it is good for all people.

      Justification of taxes is the development of the surrounding area, amenities the government provides etc. but that is not what a tax is in exchange of.

      --
      Bingo Dictionary - Pragmatist, n. A myopic idealist.
    12. Re:Your car is not your car by __aaclcg7560 · · Score: 1

      You voted for property taxes.

      As a renter, I always vote for property taxes. ;)

  3. Re:ownership by unixisc · · Score: 1

    Does the question apply to when they are still the lienholder?

  4. No, Just No by Zontar+The+Mindless · · Score: 2

    Much as I detest Uber, this is just wrong, unless Tesla plans to adopt a lease-only model.

    --
    Il n'y a pas de Planet B.
    1. Re:No, Just No by NotInHere · · Score: 2

      Yeah, essentially they say that their cars can only be used for noncommercial purposes. I just hope that the other car manufacturers don't follow the tesla lead on this, as often when the leader in an industry decides to fuck customers, the followers do the same.

    2. Re:No, Just No by Zontar+The+Mindless · · Score: 1

      Who's "they"? Are Tesla going into the insurance business, too?

      --
      Il n'y a pas de Planet B.
    3. Re:No, Just No by K.+S.+Kyosuke · · Score: 1

      I'm pretty sure the car can be used for anything. This is about the add-on software EULA, right?

      --
      Ezekiel 23:20
    4. Re:No, Just No by OpenSourced · · Score: 1

      Well, no necessarily. You see, when full autonomous vehicles ride, there is the question of who pays for an accident if it was the "fault" of the autonomous driver. In could be Tesla, possibly by law. If it is, they can certainly restrict the kind of uses of the car, to be covered by that insurance. That's a still-to-be-decided practicality of autonomous cars, and one that will provide us with hours of entertainment.

      --
      Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
  5. Contracts by sjbe · · Score: 1

    no, if you own a self driving car you own the income it generates for you. no exceptions

    Incorrect. There is a very clear exception in the case where you sign an agreement assigning such revenue to Tesla. You don't have to sign such an contract but Tesla doesn't have to sell you a car without such a contract. Fortunately there are numerous places where you can buy a car that does not have a Tesla badge if that is a problem for you.

    1. Re:Contracts by drinkypoo · · Score: 1

      You don't have to sign such an contract but Tesla doesn't have to sell you a car without such a contract.

      I predict Tesla will be told in court that they can't enforce such a clause when they sell someone a car, even though there is an ongoing service component, specifically because they are competing and that would be anticompetitive.

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

      John Deer wasn't. Google "John Deer right to repair" and have a strong drink nearby...

    3. Re:Contracts by JimFive · · Score: 1

      The John Deere case is a "right to repair" case, this Tesla provision is a "right to use for purpose" case. Tesla is trying to say "you can't drive your own car in a manner that we don't like."

      --
      Please stop using the word theory when you mean hypothesis.
    4. Re:Contracts by houstonbofh · · Score: 1

      Both are "using a software license to limit what you can do your the item you thought you purchased" cases.

  6. Et tu, Tesla? by wwalker · · Score: 1

    Are they just covering their asses liability-wise, or are they really trying to put restrictions on how I use their product after I bought it? I own it, dammit! It's none of their business if I decide to use it for my mobile pet grooming business or anything else.

    1. Re:Et tu, Tesla? by I'm+New+Around+Here · · Score: 1

      Maybe he has an automated dog grooming station in the trunk of his current car. Just pull up, have the trunk open, toss the doggie inside, and it pops out twenty minutes later all cleaned and trimmed.

      This would be great in a driverless car. :^)

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  7. How can that possibly be legal? by johannesg · · Score: 1

    Once you buy it, it is YOUR CAR, and you can do with it whatever you please. Tesla has no right whatsoever to constrict what you can do with your car. That's what "selling" means: giving up ownership rights. And before you ask: no, you are not "merely licensing" the car.

    Next up: supermarket tells you buying potatoes is fine, but not if you plan to serve them in a restaurant...

    1. Re:How can that possibly be legal? by bluefoxlucid · · Score: 1

      Well they could disable access to the travel data stream--a resource you're continuously using, maintained by them, at a cost of loads and loads of money per year diffused through thousands of consumers.

      400 million copies of Windows XP sold. If they paid 270 programmers full-time for 10 years to develop and maintain XP, Microsoft would have made a profit selling it at $1. What's Tesla's incentive to keep up with firmware and data updates?

      For what it's worth, the 2009 DVD to update the 2004 Mazda 3's in-dash navigation system costs $300. Yes, you have to pay $300 for the DVD, then install it into your car yourself, and then you have 2009's map data instead of 2004's. This was also true of the 2007 update.

    2. Re:How can that possibly be legal? by houstonbofh · · Score: 1

      Uh huh... Might want to get on the ship already sailing... https://www.wired.com/2015/04/...

    3. Re:How can that possibly be legal? by radarskiy · · Score: 1

      If it is really your car, a third party would be unable to sue the manufacturer when you do something stupid with it.

    4. Re:How can that possibly be legal? by johannesg · · Score: 1

      If that doesn't disable the car, everything is fine. If it does disable the car, it's excellent ground for a court case. What's your point?

      Are we really going to accept a society where manufacturers have ultimate power over every item you own? "You may own a house, but you will accept having cameras controlled by us in every room". "You may own a swimming pool, but we will verify that only you and your family swim in it. An extra visitor license is $2000/year". "You may own a barbeque, but only for personal food preparation."

      Madness, that's what it is.

    5. Re:How can that possibly be legal? by bluefoxlucid · · Score: 1

      Actually, if you buy a house with an alarm service, the alarm stops functioning if you don't pay the service fee. You still have the hardware, but it doesn't do anything.

  8. Dystopian future is predictable... by fuzzyfuzzyfungus · · Score: 1

    I wish I could be more surprised; but that just isn't an option.

    Between the ongoing and aggressive expansion of what software EULAs claim the right to restrict; and the truly amazing contractual terms you can impose without anyone saying mean things like 'unconscionable' or 'contract of adhesion'; what would you expect to happen?

    This thing is loaded with firmware that never leaves the vendor's control(either legally, since the claim is that it is licensed not sold; or in practice, since it remains in frequent contact with HQ for the life of the vehicle); and Tesla is in a fairly strong position to impose whatever contractual relationship they want; since there isn't much of an aftermarket; and even if you do buy a used vehicle, and have no direct relationship with Tesla, you aren't exactly going to take the car down to the local garage when it needs service or parts.

    It is a trifle interesting that they are feeling confident enough to push the restriction before they even have their 'tesla network' in place; but it is no surprise at all that they have decided to never let go of the product.

    1. Re:Dystopian future is predictable... by msauve · · Score: 1

      There can be no legitimate EULA for a Tesla. EULAs operate on the principle of a licensing contract which allows the user to copy copyrighted software. When you buy a car, the software is already there, the user isn't copying anything. No different than buying a book or a CD. Even the copying of software during upgrades is done by the manufacturer and not the user, so again no need for the user to license the software in any way.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Dystopian future is predictable... by squiggleslash · · Score: 1

      Genuine question, but has Microsoft had any problems enforcing the Windows EULA? Because when I buy a computer, the software is already there too.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:Dystopian future is predictable... by msauve · · Score: 1

      When the EULA screen pops up, I just put a post-it note over the text they provide, which says "By clicking ACCEPT, I can do any damn thing I want with the computer I just bought. Microsoft can go to hell." Then I click ACCEPT. Onerous contracts of adhesion work the same both ways.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    4. Re:Dystopian future is predictable... by tehcyder · · Score: 1

      When the EULA screen pops up, I just put a post-it note over the text they provide, which says "By clicking ACCEPT, I can do any damn thing I want with the computer I just bought. Microsoft can go to hell." Then I click ACCEPT. Onerous contracts of adhesion work the same both ways.

      That's why I come to slashdot - to get solid, but free, legal advice from obvious experts in their field.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
  9. If you can afford a Tesla... by Patent+Lover · · Score: 1

    I highly doubt you need to earn a few extra bucks by ride sharing.

    1. Re:If you can afford a Tesla... by fropenn · · Score: 1

      Maybe they're more worried about Uber buying the cars themselves?

  10. Uh... what? by wonkey_monkey · · Score: 1

    So self-driving cars are now a full reality and all the problems have been solved? Huh. That was quick.

    --
    systemd is Roko's Basilisk.
  11. Like has to do with liability issues and the need by Joe_Dragon · · Score: 1

    Like has to do with liability issues and maybe the need to have some ready to take over in case things go bad + will also take the blame.

  12. So much for Tesla's antitrust dealer argument by JoeyRox · · Score: 3, Insightful

    I supported Tesla's position on disintermediating the US car dealer structure so that Tesla can be allowed to sell cars directly to consumers. I didn't realize they would try abusing antitrust regs elsewhere for their own benefit. Companies are against anti-trust behavior except their own.

    1. Re:So much for Tesla's antitrust dealer argument by Anonymous Coward · · Score: 1

      I didn't realize they would try abusing antitrust regs elsewhere for their own benefit.

      It was obvious by their methods then. They didn't try the argument that improved communication technology and ease of shipping from out of state makes the old dealership laws unnecessary, they argued that they should be an exception. They were very careful not to put forth a legal argument that might have the accidental effect of benefiting anyone else, they very explicitly wanted special protections.

  13. Missing Sales Opportunity by turp182 · · Score: 1

    I've never been in a Tesla. But there's a nice looking one that's always in my parking garage.

    Would I pay a bit to have it take me somewhere?

    Yes! Especially with aggressive acceleration. To see what it is like.

    Can I afford one, maybe one day.

    Would someone that could afford one drive people around?

    I don't think so.

    --
    BlameBillCosby.com
  14. Re:Great way to kill the competition by making it. by zlives · · Score: 1

    i am sure its in the software EULA, since the self driving is a software feature and probably just licensed to the end user not a part of the actual vehicle that they own.

  15. Re:Anti-competitive by LynnwoodRooster · · Score: 1
    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  16. EULA's and auto driver cars will face some hard co by Joe_Dragon · · Score: 4, Insightful

    EULA's and auto driver cars will face some hard court cases. Even more so if they try to pull NDA shit in an criminal case (say in the case of an very bad auto accident) Now it would be cool for some CEO to face the some like the judge in My Cousin Vinny when they try use NDA's and EULA's to get out of discovery of the log's and source code of the auto drive software.

    And let's say it's some small town where an auto driver car or truck BSOD's and took out a school bus full of kids. Where the local prosecutor is willing to push very hard in the case.

  17. Re:Anti-competitive by unixisc · · Score: 1

    No, he ain't. He's an illegal immigrant, and has openly defied Trump on LinkedIn

  18. Re:Great way to kill the competition by making it. by houstonbofh · · Score: 5, Insightful

    ... if the clause was presented in such as way as to be considered part of a binding contract agreed to when I purchased the car, ...

    Apparently you are not "purchasing" the car but licensing it. And this is happening more and more, like the sealed boxes in tractors preventing third party repairs. And it is a deal breaker for me.

  19. Ownership of the product by sinij · · Score: 1

    This is further proof of inbred ideology that all of the software industry (other than some of open source) subscribes to - that you own the product even after you sell it and are perfectly within your rights to dictate how it should be used. Remember that your Tesla comes with a built-in DRM, they do have an ability to disable it if they don't like how you using it.

    1. Re:Ownership of the product by green1 · · Score: 1

      Physical ability, maybe, legal ability, no. Tesla cars currently do not come with any form of contract limiting what you may do with the vehicle. When you buy one you sign a form saying that you bought it, but no limitations at all on your use of it.

      Now maybe a lease would be different as technically Tesla would still own the vehicle, but for sales, Tesla transfers all ownership rights to the new owner, and does not retain any.

    2. Re:Ownership of the product by green1 · · Score: 1

      Sorry, that's completely incorrect.

      If someone sells you something WITHOUT any form of license, it's implied that you own it and can do whatever you want with it. It's only because the video game disk and windows came with license agreements that they retain any control over it. As Tesla's software does not come with a license agreement, they have not retained any rights to it and are implied to have ceded all those rights to the purchaser.

      It's the same reason I don't need permission to modify a painting I bought, or to write all over the margins of a book I own.

      That said, copyright would still apply if I tried to copy the software and give it to someone else. But that's an entirely different prospect than modifying my own property or using it how I see fit.

  20. "Stop not touching me! OW!!!" by Pseudonymous+Powers · · Score: 1

    Consumer: While artificial intelligence may one day provide many benefits for humanity, in the immediate term, these advances have the potential to be incredibly disruptive and even harmful to our culture, economy, and legal system. Thus the widespread dissemination of these technologies must be deliberate and carefully considered..

    Tesla: Don't worry about it, that won't be an issue.

    Consumer: Really? You've figured out some way to limit the harm?

    Tesla: No, we've found a way to limit those "benefits to humanity" you mentioned.

  21. Re:Great way to kill the competition by making it. by sinij · · Score: 1

    A company's terms and conditions is not law, and whether this clause would be legally enforcible is open to question.

    Regardless of legal issues, it is logistically enforceable - they remotely disable your car.

  22. Tesla has control by fyngyrz · · Score: 1

    All they could do to stop you from doing is voiding your warranty.

    Perhaps not. As I understand it, the car is connected in order to facilitate software upgrade / maintainance. So they could tell the car it couldn't drive the next time you parked it for ten minutes, for instance.

    I imagine that would land them in court -- but technically speaking, they could do it.

    --
    I've fallen off your lawn, and I can't get up.
  23. The Tesla Network...? by poofmeisterp · · Score: 1

    All that's ringing through my head is "..and the next wave of 'We'll 'help you' starts."

  24. Re:When a business says "not permitted" by houstonbofh · · Score: 1

    Remove the feature at the next overnight update.

  25. Re:If you can afford a [fleet of] Teslas... by lpq · · Score: 1

    But say you bought a fleet of them just to rent out as a taxi service.

    In fact, why not have a fleet of them be a taxi service? No people required.

    That's related to this article. It was talking about who get to own the fruits of automation -- if I own a fleet of androids/robots and hire them out as lawyers or doctors (and they are fully trained and knowledgeable about whatever field I program them with), do I get full benefit from their employment?

    What if I bought them from a tesla -- do they get to claim they are only licensing me the training SW that allows them to do the job, and therefore they can require I pay them a share?

    Of course the above completely ignore the question of who developed the software or robots/androids and the likelihood that they are not unemployed because someone invented SW to write new SW for chosen professions that ended up putting themselves out of business... etc... of course, their "employers" own all the fruits of their labor... that's how capitalism works. You hire "workers" to do work for you, and you get the output of their work even if it is something that will permanently replace them. In other words, if they were worth $120K/year as a SW developer and @ age 25 developed SW that permanently unemploys them, is it really "fair" that they get nothing?

    Note -- not talking about what is "legal", or what the employer can get away with, since that can change based on law. Example, it used to be the case in California, that employers could claim to own anything you developed while you were employed with them, though now, if you develop something outside work on your own time and equipment, then they don't automatically own your outside work (not true in all states and surely not all countries).

    Nevertheless -- that law changed, so what was legal to do 30-40 years ago may not be legal now or tomorrow...

  26. Re:Misleading headline much? by sinij · · Score: 1

    naturally they'll take a cut from the deal .

    This isn't 'naturally', it is abusively or monopilistically.

    I am glad that Musk took all the government subsidies and just like ISPs now preparing to lock-in and nickle and dime everyone via fees.

  27. Re:Great way to kill the competition by making it. by mysidia · · Score: 1

    Regardless of legal issues, it is logistically enforceable - they remotely disable your car.

    This would be likely to result in customers hauling Tesla's ass to court and Tesla having to compensate them for the full value of the vehicle.

  28. Re:Great way to kill the competition by making it. by gizmo2199 · · Score: 4, Informative

    "While the Tesla Motors co-founder spent more than ten years in the United States prior to becoming a citizen in 2002, it appears that he did so legally through various visa programs."

    http://www.snopes.com/elon-mus...

    --
    This Sig does not Exist.
  29. unlimited lease agreement so under landlord rules by Joe_Dragon · · Score: 3, Insightful

    unlimited lease agreement so under landlord rules they are on the hook for all repair and insurance?

  30. Re: Great way to kill the competition by making it by Type44Q · · Score: 3, Informative

    It can be in the EULA and still not be upheld (i.e "you agree to give us your firstborn child" etc) but this'll definitely get messy if Tesla doesn't back down. I'm interested to see how Uber and their partners (limo companies) respond to this, as Model S's are increasingly being used for UberBlack here in Colorado...

  31. Re:ownership by mysidia · · Score: 1

    Does the question apply to when they are still the lienholder?

    A lienholder is not a shareholder. The only revenue they are entitled to is the eventual repayment to them over the agreed period of your loan of the money you borrowed plus the interest at the agreed rate.

  32. This wil not work anyway by GeLeTo · · Score: 1

    Using your car as a self-driving taxi may work in the short term, while competing with regular taxis. But in the long term this scheme is doomed. Using self-driving taxis will be much cheaper than owning a car. There will be only one reason to own a car - as a status symbol. And hence - taxis will be completely different from owned cars.
    - Most of them will be designed for 2-3 people. Small and cute-looking on the outside, very spacious on the inside - see the google car.
    - No driving wheel, dashboard, pedals, storage compartments to keep (and forget) stuff. Most people who buy a car will want to be able to drive it, for taxis - not driving it is the whole idea.
    - All the above stuff will be replaced with a huge curved screen. Almost all people will work, watch movies and browse the net while commuting. The infotainment center will be the most important part of the whole experience. This is why Apple and Google want to be in the game.
    - If you've ever used a rented city bicycle, notice how it's parts are completely different than the regular bikes. The same will be for taxis. You would not be able to steal the battery pack, motor, etc. and put them in a regular car. And if you don't want your expensive 300kWh battery pack to get stolen - maybe it's not a good idea to let complete strangers get in your car and take it in the middle of nowhere.
    - The interior will be designed for easy cleaning and maintenance. Try splitting a cup of coffee in someone's TESLA and see how that goes.

    Logistics for taxis will also be completely different than for owned cars that also act as taxis
    - A taxi can take you to another city, hundreds of miles away and stay and work there, no need to go back.
    - When not needed, taxis can gather in huge tightly packed parking lots - close to places where demand is expected.
    - To minimize idle time taxis will use battery swapping instead of recharging.
    - You will be able to order a coffee, breakfast, the latest newspaper and your groceries to arrive in your taxi. You can leave and take your laundry. Going hiking? Just order the equipment and food you'll need 15 minutes before departing. Don't be surprised if Amazon decides to enter this business.

    1. Re:This wil not work anyway by mark-t · · Score: 1

      Using self-driving taxis will be much cheaper than owning a car.

      Just how cheap are you thinking it will get? Right now, when I take a cab to the airport from my place, I'm looking at it being about $50, while my car, which is not even particularly fuel economical by the way, uses about $3 for the same trip. Uber is cheaper than cabs, but not anywhere close that much.

    2. Re:This wil not work anyway by yodleboy · · Score: 1

      yeah, but how much did it cost to park your car at the airport?

    3. Re:This wil not work anyway by mark-t · · Score: 1

      Usually nothing, because my wife can drop me off and drive the car home. If self-driving cars get sophisticated enough to do what GeLaTo was talkiing about, however, my car could drive itself home and I still wouldn't have to pay for parking at the airport.

    4. Re:This wil not work anyway by GrabbaTheButt · · Score: 1

      Using self-driving taxis will be much cheaper than owning a car.

      Just how cheap are you thinking it will get? Right now, when I take a cab to the airport from my place, I'm looking at it being about $50, while my car, which is not even particularly fuel economical by the way, uses about $3 for the same trip. Uber is cheaper than cabs, but not anywhere close that much.

      You aren't factoring in your sunk costs nor other operating expenses. That $3 you quote might be your fuel costs but you are completely ignoring the purchase price, repairs and maint, insurance etc.

      Factor all that in and that $50 might start sounding a lot cheaper, especially when you figure automated cabs should be cheaper as they have no labour costs and no reason to tip the driver as one doesn't exist.

    5. Re: This wil not work anyway by mark-t · · Score: 1

      The only places in the area where I live that you could get to the airport for $5 on cab are the places that are close enough to walk there, because it costs $5 just to *GET IN* to a cab.... before you go even start to go anywhere. It is roughly a 30 minute drive on the highway from my place to the airport, and that trip adds another $50. If most of that money is going to the driver, they make a heckuva lot more per hour than I thought they did.

  33. Re:Great way to kill the competition by making it. by hambone142 · · Score: 1

    And African-American (literally).

  34. Re:Great way to kill the competition by making it. by Lumpy · · Score: 1

    Yep. I really wanted a tesla until they started the Scumbag operating proceedures like charging $3000 to enable a software function that already exists in the car.

    Elon must be starting to slide into EVIL land with this cisco esque bullshit

    --
    Do not look at laser with remaining good eye.
  35. Go fuck yourself then by Knuckles · · Score: 1

    n/t

    --
    "When I first heard Daydream Nation it quite frankly scared the living shit out of me." -- Matthew Stearns
  36. Re:Great way to kill the competition by making it. by Miamicanes · · Score: 1

    I'm sure that somewhere in the autopilot software's supplementary EULA is a clause giving Tesla the right to disable the feature at any time, while limiting their maximum liability to a refund of the feature's purchase price ($3,000 or $4,000).

  37. Re:Great way to kill the competition by making it. by Anonymous Coward · · Score: 1

    "While the Tesla Motors co-founder spent more than ten years in the United States prior to becoming a citizen in 2002, it appears that he did so legally through various visa programs."

    So, he's an African-American.

  38. Unbelievable arrogance by K.+S.+Van+Horn · · Score: 1

    Am I the only one getting tired of the unbelievable arrogance of companies like Tesla who want to tell you what you can do with your own property?

    Or perhaps Tesla's position is that they are only licensing you to use the car. In that case, they need to be honest and call it a rental or a lease; claiming that they're selling you a car is just fraudulent.

    1. Re:Unbelievable arrogance by PPH · · Score: 1

      Who the hell do they think they are? Microsoft?

      --
      Have gnu, will travel.
  39. Re:Look closer at the EULA for this car by green1 · · Score: 1

    Interestingly enough, Tesla currently does not have any EULA for buyers of it's cars. Which actually makes their sales stuff more open than some of their competition.

    I bought the car outright, nowhere in any documentation I signed with the vehicle did it include any restrictions on what I may do with my own property after I bought it.

    Now maybe they plan to start offering an EULA, but so far they do not.

  40. Re:First Sale by PPH · · Score: 2

    Time to jailbreak a Tesla.

    --
    Have gnu, will travel.
  41. Sealed hood by slack_justyb · · Score: 1

    Didn't someone once say something about sealed hoods? Comparison to Microsoft... Something, something... I must not be remembering all the details correctly because Google isn't returning anything on my search queries. If I remember correctly it wasn't someone predicting something but more like a jab at how Microsoft was running their company. For some reason, all that just felt appropriate here. But I could be remembering it all wrong and I'll take the down vote to hell for my lack of recall.

  42. uhh.. by SuperDre · · Score: 1

    If I buy a tesla car with this function, I can use it for Uber or whatever I like (as long as it's legal). Tesla cannot forbid you to use the function for commercial purposes..

  43. Re:Great way to kill the competition by making it. by Anonymous Coward · · Score: 1

    Early sketches of the Tesla network appear to be this thing called "railroad tracks" so you can drive, as long as you stay on *this* network.

  44. Re:Great way to kill the competition by making it. by TylerJWhit · · Score: 1

    Except the owners of Snopes were registered Republicans in 2008.

    It's convenient to use Snopes as long as it doesn't show that you're incorrect. In which case, claim bias.

  45. Re:Great way to kill the competition by making it. by shaitand · · Score: 1

    I have no objection to that logic as long as they don't try to lock down the system and prevent me from adding software to power capabilities on my own. After all, it is still my car.

  46. Re:Great way to kill the competition by making it. by shaitand · · Score: 2

    Actually, if they intentionally retain the ability to remotely disable the car that would likely result in them being hauled in court even if they never used it.

  47. Re:EULA's and auto driver cars will face some hard by TylerJWhit · · Score: 2

    For the record: Traffic violations, even if death occurs, are not considered criminal cases, unless reckless endangerment, involuntary manslaughter, or driving under the influence can be attributed to the accident.

    Also, BSOD specifically refers to a kernel crash in Windows. I highly doubt Tesla or any car manufacturer is using a Windows derivative OS. I'd venture to bet that it's either a custom assembly language OS, or a form of a *nix system. In which case it'd be called Kernel panic.

  48. Re:Great way to kill the competition by making it. by houstonbofh · · Score: 2

    ... if the clause was presented in such as way as to be considered part of a binding contract agreed to when I purchased the car, ...

    Apparently you are not "purchasing" the car but licensing it. And this is happening more and more, like the sealed boxes in tractors preventing third party repairs. And it is a deal breaker for me.

    And I worry that this might be the future of Economy. Deplorable as Communism. Here's to the old times, when you were able to actually own something you purchased.

    Frankly, right now I am considering restoring a used car over purchasing a new one. The cost will be more, but I think I will have a better car.

  49. Re: Great way to kill the competition by making it by naughtynaughty · · Score: 2

    Using a Model S for Uber isn't prohibited. Only if you use it in autonomous mode with something like Uber, something that is only a future concept.

    One reasonable explanation could be that Tesla doesn't want the liability.

  50. Re:Great way to kill the competition by making it. by mrchaotica · · Score: 2

    And I worry that this might be the future of Economy. Deplorable as Communism.

    I agree that (a) it's a worrying trend and (b) that it's deplorable. However, the economic system it more resembles is feudalism, not communism. The difference is that instead of the lords holding Real Property (i.e., land), they hold Imaginary Property (i.e. copyright).

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  51. Re:Can they legally do that? by Miamicanes · · Score: 1

    Nearly every electronic component I've ever purchased had prohibitions against using it for life safety or medical purposes somewhere in the official datasheet.

    Sure, there's nothing they can do to physically prevent you from attempting to power your mother's portable oxygen concentrator with a $50 inverter from Harbor Freight and a car battery during an extended power outage, but if the inverter dies & your mother suffocates because she can't survive without it, you'd have no (or at least, extraordinarily limited) grounds for being able to sue the inverter's manufacturer or Harbor Freight since you were by definition using the item for a prohibited use.

    Likewise, if you tried to make your own personal portable flamethrower from a can of aerosol spray and a spark plug, and the spray can exploded & injured you, a court would laugh at you if you tried to sue the spray's manufacturer unless you could somehow establish that their advertising encouraged its use for that purpose.

    By the same token, if you bought a cheap laptop, used it as the controller for a veterinary EKG & oximeter, Windows crashed halfway through surgery & the patient died (or suffered some other harm), the manufacturer would point to the "no life safety or medical use allowed" clause, and so would Microsoft. This is entirely legitimate. A consumer item that works fine 99.9% of the time & crashes occasionally might be an acceptable trade-off for saving a few hundred or thousand dollars when the main consequence is that you'd have the movie you were watching interrupted for 5 minutes... that same item would be COMPLETELY unfit to use for a purpose where there were literally life-or-death consequences potentially arising from its failure.

    You can argue that sometimes, an imperfect product is better than nothing at all if it gives an extra bit of protection to someone who couldn't afford to buy an officially-certified product... but only if the user understands the implications of literally DEPENDING upon it to always work, and the very real possibility that when the time comes... it might not.

  52. Re:Great way to kill the competition by making it. by mrchaotica · · Score: 2

    Frankly, right now I am considering restoring a used car over purchasing a new one. The cost will be more, but I think I will have a better car.

    I've already consciously chosen to drive older cars because of that. FYI, cars made in the 1990s (and maybe early 2000s) are still modern enough to have things like fuel injection and air bags, and can still be found in good enough condition to not need "restoring," but also generally weren't infected with enough DRM'd equipment to matter.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  53. Lease? by angelbar · · Score: 1

    So, I can only rent it, and not buying a Tesla? There is not option to buy one?

    --
    -no sig today-
  54. Re: Great way to kill the competition by making it by sootman · · Score: 3, Insightful

    Customer -> Uber -> Driver -> Tesla -> Self-driving Software -> local, state, national laws about self-driving cars -> local, state, national laws about ride sharing -> Insurance companies... figuring out who to sue and who pays in case of an accident would be like legal Inception.

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  55. Re:Great way to kill the competition by making it. by K.+S.+Kyosuke · · Score: 1

    Of course he is. He's an American originally from Africa.

    --
    Ezekiel 23:20
  56. Re:Great way to kill the competition by making it. by clonehappy · · Score: 1

    Snopes...yeah. Reliable source.

  57. Re:When a business says "not permitted" by oh_my_080980980 · · Score: 1

    And in now way would anyone be violating their IP. Unless Musk thinks driving constitutes IP in which case he will lose in any court of law.

  58. Re:Great way to kill the competition by making it. by khallow · · Score: 1

    You should have said "If we ignore the legal issues" instead of "Regardless of..." because the legal issues of remotely disabling a car and the subsequent resources consumed in lawsuits and payouts to customers are a part of the logistics cost.

  59. And if I do? by superdave80 · · Score: 1

    What, exactly, would they do if I did dare go against the wishes of Elon Musk and (gasp) use the car the way that I want to use it? And also, how would they even know if I was 'auto-driving' my friend around town or 'auto-driving' an Uber customer around town?

    Elon can go suck it. I'm really getting tired of his attitude on a lot of things.

  60. Re:When a business says "not permitted" by Anonymous Coward · · Score: 1

    Hey look everybody, it's bitztream, the autism-hating, Musk-hating Slashdot troll!

  61. what about battery lockin with forced time outs by Joe_Dragon · · Score: 1

    what about battery lockin with forced time outs and no 3rd party ones not able to work

  62. Re:Great way to kill the competition by making it. by HornWumpus · · Score: 1

    It's close to impossible to spend more on an old car vs a new one. Even if you hire the wrench. Just don't hire a criminal wrench.

    I've got about $6k in a Mustang *, which is better in every way (except resale value, and mercenary bitch pulling power) than a GT-350 R. Would likely have been about $10k+ if I hadn't turned the wrenches. But still a fraction of the cost of a new factory tuner. YYMV especially if you live in car cancer country.

    * I know, I know, 'blue oval of shame'. But parts are plentiful and cheap and the car is actually better than I expected. Which is understandable. The last Ford car I touched was a Mustang II (aka Pinto II).

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  63. Re:EULA's and auto driver cars will face some hard by DarkVader · · Score: 1

    Depends on the state. In some states, all traffic violations are considered misdemeanors, and therefore criminal cases.

  64. The reason for this is by iONiUM · · Score: 1

    They just introduced their own Uber-style ride sharing program that will undoubtedly use this: http://ca.reuters.com/article/technologyNews/idCAKCN12K2IA

    They probably do not want competition.

  65. Re:Great way to kill the competition by making it. by mysidia · · Score: 1

    I'm sure that somewhere in the autopilot software's supplementary EULA is a clause giving Tesla the right to disable the feature at any time

    If they advertised the feature in the marketing material, then it better be there in the product, and not randomly disappear.

    Tesla's EULA doesn't override the FTC and consumer protection laws.

  66. Re:Great way to kill the competition by making it. by thegarbz · · Score: 2

    Snopes...yeah. Reliable source.

    Actually Snopes is not a source at all. Much like Wikipedia it's a collection and summary of other sources.

    But you knew that already and weren't just making some snide remark because you dislike a website that doesn't fit your version of the truth right?

  67. So with a Tesla, who actually owns the car? by JustNiz · · Score: 1

    Please remind me....

    I'd be fucking pissed and demanding a refund if I'd just bought any car (let alone one for like $120k) then the manufacturer started trying to tell me who/where/what I can and can't carry/go/do with it.

  68. Slashdot Flips by dcollins · · Score: 1

    I suspect that this may be the story that flips Slashdot from loving to loathing Tesla.

    --
    We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
  69. Violates First Sale Doctrine? by mattack2 · · Score: 1

    Doesn't this violate the First Sale Doctrine?

    I realize that talks about copyright, but it seems like you're essentially renting out what you bought, and with some limits (e.g. computer software), that's been ruled as legal.

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

  70. Tesla's liabilities by unixisc · · Score: 2

    Actually, thinking this over some more, Tesla is probably doing a CYA. After all, if a driver of a car causes damage due to an accident, it would normally be covered by his/her insurance. However, there is no precedent for insurance covering a car that is driverless. If the owner of the car rides (not drives) in the car while traveling, it's not an issue. But if he sends the car out to do a Uber or Lyft pickup of somebody and then there is an accident, who pays? The owner can disclaim liability, since he wasn't driving, and so can the insurance for the same reason. Would Tesla then be left holding the baby? For this reason, I believe they're probably going over the legal implications of driverless servicing of ride-sharing to see where the liabilities would lie

  71. Re:Great way to kill the competition by making it. by omnichad · · Score: 1

    legally enforcible

    What company lets you go to court these days? No, their terms and conditions surely have you agreeing to binding arbitration with a company of their choosing.

  72. Re:Great way to kill the competition by making it. by omnichad · · Score: 1

    Surely you mean binding arbitration, right?

  73. Re:Can they legally do that? by Anonymous Coward · · Score: 1

    You've hit the nail on the head. The clause prohibiting Uber rides isn't meant to be enforced, it's just there so Tesla can appear at a vehicular manslaughter trial and say, with a straight face, "we told them not to do it".

  74. Tesla - pay my car property tax! by random_ID · · Score: 1

    Property taxes have to be paid by the owner, right?

  75. What about used Teslas? by Tangential · · Score: 1

    What happens if you are the second purchaser of the car? There typically is no agreement executed between the manufacturer and the buyer of a used car from a third party

    --
    Suppose you were an idiot. And suppose you were a member of congress. But then I repeat myself. -- Mark Twain
    1. Re:What about used Teslas? by Mal-2 · · Score: 1

      They simply refuse to perform any service for you until you enter into a contract with them. Bingo, they've got you locked in just like the original owner. As it stands, there are very limited options for third-party service for the things that really matter.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
  76. Re:Great way to kill the competition by making it. by mysidia · · Score: 1

    The authorized driver will have to keep touching the fingerprint reader at random points during the drive to ensure he's still there.

    That would be annoying. We'll just construct and install a replacement fingerprint reading device that upon command from an authorized iPhone in proximity tricks the car's computer to think a specified fingerprint has been scanned.

  77. Re: Great way to kill the competition by making it by jwdav · · Score: 1

    You also need to be able to "call" the car or direct it to where it should go remotely. This would not be possible by a third party ... Tesla would have to build an Uber interface into their software for this to work.

  78. Re:Can they legally do that? by Cederic · · Score: 1

    Then how the fuck is it safe to send your four year old daughter to school in?

    Tesla are fine with that.

  79. Re: Great way to kill the competition by making it by mrchaotica · · Score: 2

    My VW runs on 100% biodiesel and is therefore closer to carbon-neutral than even the average electric vehicle. Keeping an old car in service also avoids the gigantic environmental cost of manufacturing a new one (which is even worse for modern EVs because lithium mining is a particularly nasty business).

    So who's the assknob now? Pretty sure it's you, not me!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  80. Re: Can they legally do that? by Anonymous Coward · · Score: 1

    That's very different, from a legal standpoint. Your daughter is not entering into a contract with you to drive her to school.

  81. Liability protection? by sjbe · · Score: 1

    I predict Tesla will be told in court that they can't enforce such a clause when they sell someone a car, even though there is an ongoing service component, specifically because they are competing and that would be anticompetitive.

    Certainly a possibility. This is a legal grey area currently. Bundling of services like that definitely gets into areas covered by anti-trust law so it wouldn't shock me at all.

    What I don't get is what the point of it would be for Tesla unless it is to protect against liability. They aren't going to compete with Uber and the whole value of a service like Uber is in the network effects. Tesla doesn't sell nearly enough cars for that to come into play so the only value in it to Tesla seems to be to cover their ass from liability.

  82. Who is the driver? by sjbe · · Score: 1

    Tesla is trying to say "you can't drive your own car in a manner that we don't like."

    If software is driving the car then by definition you are not driving it. For all practical purposes Tesla is the driver. And if Tesla is driving the car it is actually kind of reasonable of them to want to do it on their terms if for no other reason than to protect themselves from liability.

    1. Re:Who is the driver? by JimFive · · Score: 1

      Substitute the word "use" for the word "drive".

      I can see why Tesla would want to be able to impose that kind of condition. However, I think the First Sale Doctrine is going to say they can't. Especially, if they allow it to be used on their own driverless taxi network.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
  83. Legally responsible entity by sjbe · · Score: 1

    Substitute the word "use" for the word "drive".

    Ok but it doesn't change the argument meaningfully.

    I can see why Tesla would want to be able to impose that kind of condition. However, I think the First Sale Doctrine is going to say they can't. Especially, if they allow it to be used on their own driverless taxi network.

    First sale doctrine doesn't apply if you sign a contract that stipulates explicitly that you will not use the car for that purpose. Now the interesting thing is that the second buyer of the car cannot be bound by the first buyer's agreements so you'd have to have a GPL style agreement whereby the first buyer would be forced to impose a similar restriction on future buyers. Not sure if that would work out in Tesla's favor under current laws.

    BUT here is the real question. We need a legal determination for who is operating the vehicle when it is being driven autonomously. If the legally responsible entity that is considered to be the "driver" is Tesla then they have every legal right to refuse to use the vehicle for purposes they do not approve of. After all, it would be unreasonable for me to be able to incur liability for Tesla with them having no say in the matter. If the legally responsible entity is determined to be the vehicle owner then Tesla really shouldn't have any say in the matter. To date I don't think there is a clear determination legally for this key issue.

  84. Re: Great way to kill the competition by making it by shaitand · · Score: 1

    Onstar is a voluntary add on network service that is supposed to require your request to disable the vehicle. There is nothing happening in a Tesla beyond basic software updates that requires any interaction with Tesla servers at all, disabling that connectivity should not disable any features on the vehicle. Any sort of remote control feature would be a trojan horse on par with a malicious attack.

  85. Re:I want a self driving van by tehcyder · · Score: 1

    So I can stick a mattress in back and fuck on my morning commute. Bang bus!

    Translation: whack off to Bang bus videos.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  86. Re: Great way to kill the competition by making it by houstonbofh · · Score: 1

    How much fuel savings is needed to cover the carbon footprint of manufacturing an entire car and then shipping it from Asia?

  87. Re:Great way to kill the competition by making it. by houstonbofh · · Score: 1

    Amusingly enough I am thinking a late 70s to early 80s BMW with a brand new GM power-train. Classic car look and feel with new car fuel economy, a warranty, and no tracking!

  88. Re:EULA's and auto driver cars will face some hard by TylerJWhit · · Score: 1

    I stand corrected.

  89. It's probably a legal CYA thing by Shirley+Marquez · · Score: 1

    One problem that Tesla faces: if an autonomous vehicle gets into an accident, it is currently likely that the maker and designer of the vehicle will be sued. Here in the US, they're likely to get sued for a LOT of money. And that legal risk is higher if the car is being used commercially. By taking control of where their vehicles can be used as autonomous cars for revenue purposes, they're taking some control over their legal exposure; they will probably only make the Tesla Network available in places where the risks are acceptable.

    So far as I know, this only affects using a Tesla in autonomous mode. If you want to DRIVE your Tesla for Uber or Lyft you're still free to do that, even if the car has autonomous capability.

  90. Re:Great way to kill the competition by making it. by Shirley+Marquez · · Score: 1

    The objection that people often have to upgrades that are purely software is that the hardware (which they are already paying for) is the expensive part and the software should come along for free. That may have once been true, but nowadays a lot of the expense is in software development. Self driving cars are not easy.

    But in this case, I suspect the main expense is neither hardware nor software. It's funding for the legal defense pool.

  91. Re:Great way to kill the competition by making it. by jctripp · · Score: 1

    You are buying the car, but licensing the software that makes it work. The "autonomous driving" feature within the software is not being licensed for commercial use at this time.

  92. Re:Great way to kill the competition by making it. by HornWumpus · · Score: 1

    A 2002 with a twin turbo LS-6 could be fun.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  93. What the end-user bought. by DrYak · · Score: 1

    The thing is, from a technical point of view:

    The user has paid for and bought.
    - a car (with an electric drive, and it's battery)
    - an expensive webcam (also, accompanied by some computation accelerating hardware that could run neural-nets/deep learning, if needed).

    And the user has provably received the agreed goods.
    (Easy to check, the front facing camera is clearly visible from the outside).

    At some point in a putative future, Tesla might manage to write a pieces of software that could eventually make the cars 100% fully autonomous self-driving
    (i.e.: Google-car style) and not only some advanced form of collision avoidance (what the current Tesla Autopilot is. Basically what Volvo, BMV, and the like have been providing for a decade, only a tiny bit more advanced. Basically, the same stuff as boat's or an airplane's autopilot - it takes over some of the more menial tasks of driving, but still require a human captain's supervision)..

    They are now announcing that this future putative software that does not exist yet, can not by used to earn money.

    From the current point of view : nothing could be done, because this thing doesn't exist yet.
    So no legal argument at all.
    It's basically as if I put a sign in my backyard saying that if one day, some extra-terrestials start to make contact, I will only allow *blue-colored* filying saucers to land here.

    In the future: well *when* this putative piece of software starts to exist, then we will be able to start talking about it.
    - maybe it will be considered as a software upgrade to which paying users should be entitled, because Tesla can't put legally enfocreable arbitrary limitation in their EUL (they probably just can't be held liable for any damage done in a commercial situation).
    - maybe by then the law will have evolved and adapted enough, and people using 100% autonomous self-driving in a commercial manner will be legally required to take a special insurance that will cover any subsequent liability (that's probably going to be the case in some european jurisdiction).
    - maybe by then, Uber will have *their own* neural net, and will require you to install *their* package and run *their* net when ubering an autonomous car, in order to keep the liability under control - e.g.: because they have correctly insured their neural net against commercial damage. (Given their tendency to try to wash their hands off, don't count on it, unless they get explicitly required by law).

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  94. Re:Great way to kill the competition by making it. by clonehappy · · Score: 1

    Snopes is pretty much just a lady and her cat in a basement. But you choose to ignore that because their website seems to always fit your version of the truth right?

  95. Re:Great way to kill the competition by making it. by thegarbz · · Score: 1

    because their website

    You... do understand the concept of sources ... right? I mean... the comparison to wikileaks? .... did you go to school by any chance? They would have explained how the concept of sources worked even in "english for dumbshits".