Why can't we simply ask if this could be done for 'mechanical programming' and apply the same logic. You don't own that full mechanical engine's construction, you just have a license to use it for the lifetime of the vehicle. If that wouldn't stand, then how is it any different than code except that code is on a much smaller and and more detailed level. At the end of the day, it is still physical components following…
The intangibility of code makes the marginal cost of a copy $0, which in turn raises the spectre of copyright law. You can't copy an engine made of steel, so copyright law is moot.
That's an interesting point, because you can literally build a copy of substantial portions of a car (engine, transmission, axles, brakes, etc.) from entirely aftermarket parts, for certain popular components. Many of these parts don't make any claims about licensing the designs from the original company but they do claim "drop-in" compatibility.