Earlier quoted context omitted.
> Part of the return the public is supposed to see for granting legal protection to IP is that the IP is then made widely available (as well as eventually entering the public domain) and can be built upon for personal use, commentated upon, etc. That's really well said. A bit of a tangent, but it's similar to how software patents should be as well. If you want to patent a software feature, then you have to include a…
Patents are already supposed to do that. They are required to describe embodiments of the claims, which can be used by anyone to implement the invention. However they are always redacted in the vaguest, most obscure way possible as to provide the legal protection without the disclosure part. That should be reason to reject any patent application in my opinion, but I'm not a patent examiner.
Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
251–260 of 354 posts
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#252Earlier quoted context omitted.
Apple already has some sort of sweetheart deal with US Customs that gets Apple parts shipped from China rejected at import time unless they're part of an Apple-tracked shipment. This blocks devices have been third-party-repaired in China from being re-imported; but also blocks "ghost-shift" (but otherwise first-party!) Apple parts from coming into the country. Literally, anything that looks like an Apple part, but is…
”Literally, anything that looks like an Apple part, but isn't an Apple part according to Apple, gets blocked” If importing Apple-labeled products that aren’t Apple‘s property nor have been sold by Apple were legal, Apple couldn’t outsource production, as it would be undercut by its own manufacturers. So, I don’t see why, in general, you should be able to ”import a real part into the US from the very same Chinese fact…
That's moving the goal post. The original statement said "looks like an Apple part", and now you're assuming it was never sold by Apple.
How is customs to know the difference of whether it's original unsold inventory or refurbished inventory? I have a well defined legal right to sell an iPhone I own (whether bought from Apple or some other entity, as long as it originated from an Apple sale). I'm not sure why it should matter if I ship it internationally or not (that is to say, it should not matter, as long as it's an original device and not a copy).
> Apple couldn’t outsource production, as it would be undercut by its own manufacturers.
My rights should not be curtailed because the market needs of a single company.
> So, I don’t see why, in general, you should be able to ”import a real part into the US from the very same Chinese factory that the "officially-supplied" parts would be shipped from”, if you didn’t buy it from Apple.
As a separate issue, since it's a specific sub-part of the original claims, if the parts are not patented and do not display a trademarked logo, they should not be blocked, but I don't know if the specific case you are alluding refrained from adding a logo.
That said, if the batteries were repaired at the factory, and it was refurbished equipment being shipped, there is no reason that I know of they should have been blocked, logo or not. News sources are saying they were refurbished batteries. Why should those be blocked?
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#253Earlier quoted context omitted.
>(parent) That's a lie OK let's see where is this lie... > (grandparent): Tesla set up DRM to artificially limit the driving range > (parent): Yes they have DRM in place to artificially limit the range of certain models OK no lie here. So it must be in the second part of GP's comment? > (gp): until you pay them a ransom to simply let your car drive longer distances > (p): they instead offer it as an upgrade path if y…
The word ransom.
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#254Earlier quoted context omitted.
>(parent) That's a lie OK let's see where is this lie... > (grandparent): Tesla set up DRM to artificially limit the driving range > (parent): Yes they have DRM in place to artificially limit the range of certain models OK no lie here. So it must be in the second part of GP's comment? > (gp): until you pay them a ransom to simply let your car drive longer distances > (p): they instead offer it as an upgrade path if y…
The word ransom.
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#255Earlier quoted context omitted.
It’s a purely artificial limitation. You’re not getting anything new when paying for the upgrade, just effectively flipping a boolean.
Yes. And the person paid for 60 kWh of battery capacity. They didn't pay for 75 kWh of battery capacity. The true capacity of the battery is irrelevant so long as it delivers the capacity the person paid for. Tesla didn't sell the vehicle as having a different curb weight, or a specified number of 18650 cells contained in the battery pack. They sold it based on having a 60 kWh capacity which it does. Why do you feel…
You're not getting downvoted because you're wrong. We know you're right. But you're telling us our feelings are wrong, and people don't take that well haha. We all agree on the facts.
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#256Earlier quoted context omitted.
But they did. They paid for and received larger capacity batteries in their vehicles that are artificially hampered to a lower capacity.
They also stopped doing this practice, the new mid range m 3 have fewer batteries and are not software upgradeable. Is this better? Not sure.
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#257Earlier quoted context omitted.
> Tesla set up DRM to artificially limit the driving range of their cars until you pay them a ransom to simply let your car drive longer distances! That's a lie. Yes they have DRM in place to artificially limit the range of certain models, everything else you said is mischaracterization, misrepresentation, and lies. They saw opportunity in offering different ranged batteries of the same model, however the cost to pro…
> This sort of thing is done all of the time in manufacturing to streamline costs. A good example is Intel and chip manufacturers locking their cpus to a specific frequency when they are capable of higher so they don't have to manufacture the same cpu with different frequencies.
This seems more wasteful because you have to mine extra lithium, manufacture extra batteries, install them, haul them around -- and this makes your car perform worse. All on the off chance someone later decides to buy up to the extra-power version?
One's a great way to use extra parts that would have been scrapped. The other's just wasteful...
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#258Earlier quoted context omitted.
Seems like a stretch to (repeatedly) characterize your parent's post as a "lie". You're both characterizing the same practice in different ways. I'm inclined to agree with everything else you said (although I dislike the barriers to independent maintenance of Teslas in general), but the parent's post was a spin, not a lie.
Calling it ransom isn't spin, it's disingenuous. They paid for x range and received x range. They were given a standing offer to increase that range for a cost significantly less than the cost of replacing or physically upgrading the battery. Now if they had paid for 120kwh batteries and received 120kwh batteries that would only deliver 100kwh of range then we'd be having and entirely different conversation.
Re: Copyright Office Ruling Imposes Sweeping Right to Repair Reforms
#259Earlier quoted context omitted.
> The differentiator the consumer is paying for is range, not # of cells in the battery. It's not that simple. If your battery breaks out of warranty or starts loosing charge, you can't go to Tesla and say, "hey, I paid for X range and I'm not getting it anymore, fix it." If you do, they'll say, "sorry, physical batteries decay, not our problem", which most of us would agree is a reasonable response. Tesla gave you t…
Technically you're paying for a battery capacity measured in kWh, not range or # of cells. You do raise an interesting point though about failure. Cells don't fail at the same rate and packs are designed to disable cells (possibly groups of cells) that aren't performing within acceptable operational parameters. So given that these "ransom packs" are capable of 75 kWh but only deliver the 60 kWh the customer paid for,…
I am not a mechanic, but off the top of my head, they should last longer, depending on how Tesla has implemented the limit. If Tesla put the artificial charge limits in the middle of the actual capacity, then that would mean you never discharge the last 7 kWh or overcharge the last 7 kWh. If they just make the battery shut down 15 kWh early, then I doubt the gains are as significant, since plugging in your car overnight will still charge it all the way to the top (which from my understanding is the more harmful thing to do).
I'd be very interested to see some research done by someone who knows more about batteries than me, would make a cool technical breakdown. It seems to me that (just like CPU throttling) battery "throttling" could potentially be a useful way to decrease failure. Of course, if you think back to Apple's kerfuffle with throttling iPhones as batteries aged, you can have a good, justifiable customer result that still makes customers angry if they're not informed or suspect you have other motivations.
To bring this conversation back to the original point of the entire thread, it is (for now) legal to circumvent DRM for maintenance. So question: your battery starts failing on your Tesla car -- you buy a completely new battery from a non-Tesla producer that supports 75 kWh. You get a non-Tesla mechanic to install it. As part of the installation process, you break the DRM and allow the battery to be used to its full capacity.
Problem? No problem? When you bought a Tesla, were you paying for a 60 kWh rated battery or were you paying for a 60 kWh car?
Followup question, suppose you find out that Tesla (or any other electric car company with similar policies) has implemented battery throttling poorly for your car. Rather than rotating cells or putting a limit on how full cells get, the battery throttling just disallows a few specific cells from getting power -- so effectively, its as if you literally have a 60 kWh battery with a few (disabled) extra cells stapled on. Your battery range starts decreasing over time, and a mechanic breaks the DRM, which restores most of the failed capacity, which puts you back up to close to your original range.
Problem? Have you violated your contract if the car battery never got above 60 kWh?
And of course, finally you have obvious question, which is, 'if you buy a Tesla car and immediately break the DRM as soon as you get it home to get extra capacity, is that a problem?' Which, yeah, that's a problem. Tesla will not be happy with you.
The difficulty of looking at Tesla's policy as if it's a pure contract is that the physical constraints get in the way -- in other words, it's not a completely encapsulated system. If you look at something like being charged per-mile in a taxi, it's easy to completely divorce that from the physical process. You're charged per-mile that the taxi drove. Doesn't matter how it drove, doesn't matter what the actual cost of driving it is, doesn't matter what the implementation details are -- you're being charged for a result.
Similarly, if you buy something physical, then the physicality provides a reasonable set of consistent restraints and rules. Doesn't matter if it breaks later, doesn't matter why you bought it. In that case, only the physical reality matters and very few contractual things get in the way.
But with Tesla, you've got both systems clashing with each other. It makes sense to say, "okay, you payed for a 60 kWh battery and got a 60 kWh battery." But you didn't really get a 60 kWh battery. You got a 75 kWh battery that has extra restrictions. So you can't completely ignore implementation details, because you're still buying a physical battery, but neither can you take the entire system apart or universally mess with those implementation details.