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Transportation Software

Tesla Remotely Disables Autopilot On Used Model S After It Was Sold (theverge.com) 344

little1973 shares a report from The Verge: Tesla has remotely disabled driver assistance features on a used Model S after it was sold to a customer. The company now claims that the owner of the car, who purchased it from a third-party dealer -- a dealer who bought it at an auction held by Tesla itself -- "did not pay" for the features and therefore is not eligible to use them. The features were enabled when the dealer bought the car, and they were advertised as part of the package when the car was sold to its owner.

The owner in question, who Jalopnik refers to as Alec, purchased the car last December. The dealer bought the car a month earlier from a Tesla auction, with both "Enhanced Autopilot" and "Full Self Driving Mode" features intact, according to Jalopnik, which reviewed documents related to the car's ownership and sale. The dealer then listed the Model S, advertising both features. However, unbeknownst to the dealer, Tesla had independently conducted a software "audit" of the car after selling it, and disabled those features in a December update. The end result: when Alec picked up the car on December 20th, he did not have access to all its advertised features.
Here's what a Tesla customer support representative told Alec: "Tesla has recent identified instances of customers being incorrectly configured for Autopilot versions that they did not pay for. Since, there was an audit done to correct these instances. Your vehicle is one of the vehicles that was incorrectly configured for Autopilot. We looked back at your purchase history and unfortunately Full-Self Driving was not a feature that you had paid for. We apologize for the confusion. If you are still interested in having those additional features we can begin the process to purchase the upgrade."

The report notes that the value of the self-driving features comes out to about $8,000.
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Tesla Remotely Disables Autopilot On Used Model S After It Was Sold

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  • The problem with conspicuous materialism nowadays is, material things aren't anything specific.
  • by C R Johnson ( 141 ) on Friday February 07, 2020 @07:38PM (#59703210) Homepage

    Sorry chump. Didn't you read the EULA?

  • by 140Mandak262Jamuna ( 970587 ) on Friday February 07, 2020 @07:41PM (#59703222) Journal
    I am a big fan of EVs in general and Tesla in particular. But this is bad. If the sticker said it included FSD, it must get FSD. Cant take back after sale. Hope better sense prevails and it reverses course.
    • by alaskana98 ( 1509139 ) on Friday February 07, 2020 @07:54PM (#59703260)
      Agreed - and even though the dealer listed the FSD and not Tesla, I'd say the dealer is on the hook to pay Tesla to re-enable the FSD. And in the future, stop advertising used Tesla's with FSD included knowing that Tesla will take it away.
      • by MrNaz ( 730548 ) on Friday February 07, 2020 @08:02PM (#59703270) Homepage

        Why should Tesla take away a feature if the car is sold second hand? Are you buying a car or buying a license to use a car?

        Fuck this new world where buying a car is like buying a license to Windows Server.

        • by rtb61 ( 674572 ) on Friday February 07, 2020 @08:31PM (#59703366) Homepage

          That they could digitally disabled features of a vehicle without the permission of the owner, for any reason, makes Tesla a do not buy for me. They can go screw themselves, what else can they do to the vehicle post purchase without permission of the owner, that's what I would demand to know. No way in hell I would buy a Tesla now. Pretty much looking for the least automated electric vehicle, with no wireless updates possible and any hard-wired updates during servicing requiring my permission. Also all on board communications, internet, radio et al, to be totally separate, actually hard wired separate from vehicle control systems and the vehicle control systems requiring a physical key, my key, to access the firmware update port and computer itself.

          Screw having some US corporation in control of my vehicle whilst I am driving it, the idea is insane. Not saying US corporations can not be trusted as a rule but yeah pretty much they can not be trusted as a rule, they lie, a whole damn lot, most of the time and are run psychopathically.

          • This, 100%

            Maybe Tesla should stop nerfing cars. They were already paid once for the fucking feature.

            But this kind of mentality makes me never want to get a Tesla, and gives pause for Starlink -- what kind of nefarious tracking/monetizing bullshit will they pull with that?

            • by PIBM ( 588930 ) on Friday February 07, 2020 @08:46PM (#59703402) Homepage

              In this case, it had not been paid for. Just like the premium connectivity is enabled on all tesla currently, a lot of tesla's owner haven't paid for it, and for those car the feature is expected to go away after the free trial... You can always request a free trial of FSD, which enables it for some amount of time, but it`s not permanent. The buyer of the car should have looked at the details (in this case, I expect the dealership is the one to blame..)

              • by MrNaz ( 730548 ) on Friday February 07, 2020 @09:04PM (#59703454) Homepage

                So you're saying that Tesla screwed up and gave it to the original owner for free?

                Fine. That's also on them. If my dealer leaves the optional mats in the car when they deliver it to me, they can't come back after I sell it to someone else and hit them up for the extra cost.

                • by PIBM ( 588930 )

                  No, they didn`t give it up. Beside, it appear that the dealer is the one who enabled the demo/test run of FSD, and said it was enabled. Beside, it had been re-disabled before the customer purchased it on the 20th. When I was looking to purchase mine, I checked at used ones and the Tesla dealership told me that returned cars (well, upgrade to newer models) were mostly sold without any of the options turned on, and could be activated as we wished, no matter what the original owner had (so we don't have to ove

          • Every vehicle maker I know of is going this route, with downloadable software adding features... and therefore able to disable them. Tesla is just the first one you have heard of, but your do-not-buy list is pretty long at this point.
        • Why should Tesla take away a feature if the car is sold second hand? Are you buying a car or buying a license to use a car?

          Fuck this new world where buying a car is like buying a license to Windows Server.

          Second hand has nothing to do with it. In this case the original vehicle was configured incorrectly.

          • I had to read the orig. article several times. The important part is that indeed it was second hand, and sold by Tesla as a second hand one. And just as a regular second hand dealer does remove the special rims from the car so he can sell them as an upsell, Tesla does remove features from the car before he sells it second hand. Just there was a glitch and the feature was removed after the sale, not before the sale. Like the dealer shows you the car, allows for a test drive, with the shiny chrome rims. Th
            • No. This is more like the dealer sold you the car with the special rims installed, you drove it home, drove it to and from work, took it on vacation, and then you woke up one morning to find that the special rims had been mysteriously replaced with standard rims. So you call the police and file a report, the cops find the special rims at the dealer's shop, arrest him for burglary, and you get your rims back after he goes to jail. Ta da!
              • by xorbe ( 249648 )

                This here is the answer. Tesla and dealer messed up by not catching the error pre-sale. The buyer has a case.

                But, it is in Telsa's and the dealer's power to downscale the car's features and adjust price appropriately. People seem to miss this point.

                What they can't do (or shouldn't be allowed to do legally) is show you the car, sell you the car, and then say "whoops" and remove things you paid for (or post-contract signing). After that, it's YOUR car. And they are robbing your car of stuff post-sale.

        • Licenses are irrelevant these days. The government will never defend you against a corporation. So what really matters is whatever a corporation says. If they say they disabled autopilot because the driver had a strange haircut, they could get away with it.

        • That car was a warranty return. The original sale included FSD. the screen developed "yellow fringe", a known manufacturing defect. Tesla gave a new car to the original buyer and got the defective car back. Fixed the screen and sold it car through auction, and disabled the FSD even before the sale took place. The used car dealer advertised it as "FSD included", showed the original window sticker and sold it off.

          The buyer is the customer of Tesla. It should take care of its customers. It should buy the ri

      • by DRJlaw ( 946416 ) on Friday February 07, 2020 @08:06PM (#59703292)

        Agreed - and even though the dealer listed the FSD and not Tesla, I'd say the dealer is on the hook to pay Tesla to re-enable the FSD.

        But Tesla did list the FSD [jalopnik.com]. Jalopnik has the image of the auction Monroney sticker right in their article. They say it outright.

        • by Rei ( 128717 ) on Friday February 07, 2020 @10:09PM (#59703618) Homepage

          The Monroney sticker describes how the car was configured when it was delivered to the original owner. Not how it's configured at any particular second in time.

          If you sell or return a car to Tesla, they'll strip it of its options before they resell it, in order to have a lower sale price (easier to move the car) and to have the possibility of post-purchase upgrades. No different from someone putting a car on different rims or whatnot before selling it. Just because you have a document that says the first owner had X rims doesn't mean that those are the rims on the car when you buy it.

          The dealer knew full well that they bought a car without FSD, and didn't pay for FSD, and still tried to convince the buyer that they were getting a car with FSD, and that it was a "glitch" that it went away. That's scummy.

      • Looks like a case of Bait and Switch, a crime in California. But what I find compelling is that the options were turned on initially. How are we not to think that was not part of the offer? An Offer, Acceptance, and Communication Back was completed with all parties in agreement. A contract was created and completed. Tesla's inability to operate its business in not necessarily the burden of any buyer. Form this view point, I believe that the Buyer has more that ample grounds to sue for breech of contract,
      • I don't think the article was as clear as it should have been. This was very likely a used Tesla that was auctioned off (probably off of lease) that likely had a mistakenly enabled FSD that the original owner did not pay for. In auditing the VIN vs. enabled features, it was found that the feature had never been purchased for that VIN, so it was disabled. The auction process simply obscured the path from source to destination.

        IF the auction was done by Tesla or on behalf of Tesla, I believe there will be

    • Also: Not likely (Score:5, Informative)

      by Okian Warrior ( 537106 ) on Friday February 07, 2020 @08:04PM (#59703278) Homepage Journal

      I am a big fan of EVs in general and Tesla in particular. But this is bad. If the sticker said it included FSD, it must get FSD. Cant take back after sale. Hope better sense prevails and it reverses course.

      Following Tesla has taught me many things, probably the biggest one is skepticism of news reports(*).

      First, it's entirely likely that the reported incident is fake.
      Second, maybe the update caught Alec by mistake and it will be corrected
      Third, maybe the update was correct and the seller lied
      Fourth, maybe the EULA specifically states that ED and FSD attaches to the buyer, and not the vehicle (I doubt this)

      And lastly, maybe the Tesla in question was repaired by a non-authorized dealer, which invalidates ED and FSD due to liability reasons. And as part of that scenario, the news article didn't mention this point.

      Overall, I suspect that either the last or first explanation is correct. I'm a little skeptical of anonymous reports, especially when it's about Tesla. Tesla has generated so much FUD and misinformation that it's hard to believe anything in the news nowadays. I'm especially skeptical of the comment (from the article) "Since then Tesla has been of no assistance to him, and I have been doing my best to get him some help in this case" because of Tesla's generally excellent reputation on service.

      Check back in a month and find out whether this is a) actually true, and b) if true, whether Tesla corrected the issue.

      (*) Even now I'm sorting through the FUD news articles about Tesla's recent meteoric stock price. You just would not believe the number of articles that say nothing or rely on smoke and mirrors to push an agenda. Did you know that Tesla has a bad Defensive Interval Ratio [seekingalpha.com]? Did you know what a "Defensive Interval Ratios" is? It's one of over 50 possible measurements of a company, whose numeric value has no explicit meaning except for "this seems high".

      This article [cleantechnica.com] is an example of non-fud. Whether it is correct or not, it's got straightforward analysis and rational explanation of the EV market. I have yet to find a non-FUD article that predicts Tesla's doom.

      • by DRJlaw ( 946416 )

        First, it's entirely likely that the reported incident is fake.

        It includes consistent set of images of sales and service document that include the vehicle VIN.

        Second, maybe the update caught Alec by mistake and it will be corrected

        The service document with notes stating that it was intentionally removed say otherwise.

        Third, maybe the update was correct and the seller lied

        and faked the Monroney sticker? That Telsa issued at the auction?

        Fourth, maybe the EULA specifically states that ED and FSD attaches to t

  • by bobthesungeek76036 ( 2697689 ) on Friday February 07, 2020 @07:42PM (#59703224)

    ... The dealer then listed the Model S, advertising both features ...

    If it was advertised, he paid for it. The dealer should be responsible.

    • by taustin ( 171655 )

      And Tesla should have audited it before they auctioned it off, so the dealership should go after them.

      • And Tesla should have audited it before they auctioned it off, so the dealership should go after them.

        Indeed and then all is right with the world. Don't shortcut the system. Each group is on the hook for specific things.

      • Tesla doesn't perform the auctions. They have third parties handle this, which just adds to the clusterfuck of involved parties.

      • This is how modern business works: If the customer makes a mistake, then the customer loses. If the business make a mistake, then the customer loses.

    • by Solandri ( 704621 ) on Friday February 07, 2020 @08:03PM (#59703274)
      The summary is a bit sloppily worded, but Tesla sold the car to a dealer at one of their auctions on Nov 15 with "Enhanced autopilot" and "Full self driving mode" listed as features. On Nov 18, Tesla conducted an audit, determined that the car should not have had autopilot enabled, and remotely disabled it without informing the dealer. From TFA:

      Let's recap a little bit at this point: A Model S with Enhanced Autopilot (which includes the Summon feature) and FSD "capability" is sold at auction, a dealer buys it, after the sale to the dealer Tesla checks in on the car and decides that it shouldn't have Autopilot or FSD "capability," dealer sells car to customer based on the specifications they were aware the car had (and were shown on the window sticker, and confirmed via a screenshot from the car's display showing the options), and later, when the customer upgrades the car's software, Autopilot and FSD disappear.

      So it's actually Tesla which advertised it, and the dealer which paid for it (they may not have purchased the car at the auction price if they knew it did not have Autopilot).

      • by MikeDataLink ( 536925 ) on Friday February 07, 2020 @08:32PM (#59703370) Homepage Journal

        So it's actually Tesla which advertised it, and the dealer which paid for it (they may not have purchased the car at the auction price if they knew it did not have Autopilot).

        I don't think that's what happened. Reading TFA it says the dealer enabled Autopilot and FSD as a demo car. Something they are allowed to do in order to demo these features to customers. It's on the dealer for not turning those unpaid features back off at the time of sale.

      • but Tesla sold the car to a dealer at one of their auctions on Nov 15 with "Enhanced autopilot" and "Full self driving mode" listed as features.

        Where is the document to prove what options Tesla sold the car with at the auction (note: not the Monroney sticker, since that applied to a sale of the vehicle when new approximately 2 years earlier and not to the sale of the used vehicle)?

        • by DRJlaw ( 946416 )

          (note: not the Monroney sticker, since that applied to a sale of the vehicle when new approximately 2 years earlier and not to the sale of the used vehicle)?

          Ummm... so the vehicle was sold with FSD and autopilot when new and you're saying... what? Once the vehicle is resold it no longer has to have those features?

          Really?

          • I am saying that Tesla can legally strip the options from a car that is in Tesla's possession.

            FSD is sometimes delivered as a trial. Are you saying that, if I have an FSD trial active when I sell a car, Tesla is legally obligated to give the new buyer full (non-trial) FSD?

            Where is the document that shows the options that the car was sold with at the auction?

            • by DRJlaw ( 946416 )

              I am saying that Tesla can legally strip the options from a car that is in Tesla's possession.

              It wasn't in Tesla's "possession" once they sold it on November 15th. It became a bailment. It wasn't in Tesla's possession when they initially sold it with FSD on the Monroney sticker, it was the original owner's vehicle.

              Where is the document that shows the options that the car was sold with at the auction?

              You've never bought a car at auction before, have you? It was, tada, the Monroney sticker. They use those

              • Documents, documents.

                They didn't sell it at the auction on the Monroney sticker. The buyer got a copy of that later.

                You don't know that they sold it with a fully paid FSD at the auction because we don't have the documents that cover that sale.

                • by DRJlaw ( 946416 )

                  They didn't sell it at the auction on the Monroney sticker. The buyer got a copy of that later.

                  Says who? Either article? You've just made that up out of whole cloth.

                  Again, you've never bought a car at auction, have you?

                  You don't know that they sold it with a fully paid FSD at the auction because we don't have the documents that cover that sale.

                  You really need to read the Jalopnik article before you claim what documents did and did not cover the sale. They image them and everthing.

    • by AmiMoJo ( 196126 )

      It demonstrates the problem with reliance on software vectors for continued operation. The dealer looked, the car said it had autopilot, they sold it as such. No way to know Tesla would remotely disable it later.

      Car companies will use this to destroy the used market. Sure you can buy this car used but half the features won't work because they need our servers and we only licence them to the first owner.

    • According to the article, the dealer bought it directly from Tesla, with the features enabled (and advertised as enabled).
      • with the features enabled

        Yes

        (and advertised as enabled).

        There is no evidence of this.

        • by DRJlaw ( 946416 )

          There is no evidence of this.

          Monroney sticker. I know that you say that it doesn't count elsewhere, but it does. The vehicle was sold with the feature. Period.

          • The vehicle was sold with the feature. Period.

            Using your logic, if the Monroney sticker says that a car when sold new comes with upgraded wheels, every owner who buys and then sells the car must include those wheels and is legally barred from swapping out the upgraded wheels for cheaper ones.

            • by DRJlaw ( 946416 )

              Using your logic, if the Monroney sticker says that a car when sold new comes with upgraded wheels, every owner who buys and then sells the car must include those wheels and is legally barred from swapping out the upgraded wheels for cheaper ones.

              The owner who does that is legally barred from submitting the Monroney sticker to the auction to detail the features, leave the items on the car for the auction, then remove them 3 days later.

              That's called fraud.

              • The owner who does that is legally barred from submitting the Monroney sticker to the auction to detail the features,

                Which is probably why Tesla did not submit the Monroney sticker to the auction.

                Please try to understand the facts and not post based on what you think happened.

  • Sounds like dealers are capable of enabling the autopilot for demonstration purposes even if nobody has paid for it. Hence more the fault of the dealer than of Tesla, who charges $5000 extra for supporting the autopilot software.
    • by DRJlaw ( 946416 )

      Sounds like dealers are capable of enabling the autopilot for demonstration purposes even if nobody has paid for it. Hence more the fault of the dealer than of Tesla, who charges $5000 extra for supporting the autopilot software.

      Read the Jalopnik article. Tesla listed the features on the Monroney sticker for its auction -- they put a copy in the article. The dealer didn't enable anything.

  • First we had software as a service, now we have features as a service. Features which someone in some remote location can disable at will from your product.

    Isn't technology great? You don't even get to own your stuff anymore without someone telling you what you can and can't do with it.

  • by aberglas ( 991072 ) on Friday February 07, 2020 @08:08PM (#59703296)

    If you want to drive over 40 m.p.h that is obviously an additional "software" feature that you need to pay for.

    Or if you want to drive within a national park.

    Or within 10 miles of the down town area.

    It is all very clearly stated in the EULA, clause 134(w)(vii) -- you will notice that the word "Can" is capitalized and defined appropriately in the definitions section which is a separate download.

    Cars used to be a symbol of freedom. I think we are entering a brave new world.

    • Can I interest you in a "slippery slope fallacy"? I'll happily sell you one for your brave new world which has nothing to do with the topic at hand, a topic where a dealer incorrectly enabled a feature the car wasn't supposed to be sold with.

      Incidentally yes a car that is able to go above 40mph was once a feature, an expensive upgrade you needed to pay for, but also involved getting a new vehicle. As is driving in national parks. Cars as a symbol of freedom have always been restricted. Restricted in speed,

  • That falsely named feature should be disabled on all of them. How is it any different than adaptive cruise control with lane centering? And what idiots trust it enough to take their eyes off the road? As a fellow driver please pay attention outside the front window please.
  • If Tesla disclosed that the car didn't have those entitlements then the dealer pulled a fast one on the owner. If the dealer bought the car as-is then Tesla fucked up and can't legally change the condition of the car after the sale.

    Most auctions are "as-is" but it's entirely possible that Tesla auctions have standard disclaimers. This has nothing to do with what the customer expected except who needs to make him whole. Somebody swindled him, but it doesn't sound like we know who.

    • According to TFA, the dealer enabled Autopilot and FSD demo mode and never turned it off. That's the dealers fault, not Tesla's.

      • by DRJlaw ( 946416 )

        According to TFA, the dealer enabled Autopilot and FSD demo mode and never turned it off. That's the dealers fault, not Tesla's.

        Nope. Jalopnik doesn't mention demo mode anywhere. TFA doesn't mention demo mode. You can literally word search "demo" and you'll get zero results.

        Jalonik does image the Monroney sticker. Which lists Autopilot and FSD. So those features were part of the sale. The law mandates that they are.

  • Unless Tesla has something in writing to say otherwise, whatever is installed on the car when it was purchased is what the new owner paid for.

  • You just have a license to use it. It still belongs to Tesla. Same evil as with much software today.

  • Tesla owns the car, and gives its users a "limited license", just like with software. They can and will do whatever they want with it.

  • by alaskana98 ( 1509139 ) on Friday February 07, 2020 @08:51PM (#59703420)
    Does Microsoft get to yank back the license to a copy of Office that John Smith sold to Jane Doe after the sale stating that she only bought the installation media and not the license keys? Similarly, does Microsoft get to 'de-activate' a copy of Windows on a laptop that was sold to a new owner even if the installation keys were transferred as part of that purchase? That's kind of how I see this situation. Tesla is basically saying that when you buy one of their cars, you are effectively renting their software and you don't have a right to transfer the 'license' upon selling it. I'm sure legally they can do that but it definitely doesn't sit right with me and would make me consider not buying one if weighing a Tesla against other EVs.
  • by whoever57 ( 658626 ) on Friday February 07, 2020 @08:57PM (#59703442) Journal

    It's a long read:
    https://teslamotorsclub.com/tm... [teslamotorsclub.com]

  • Yup, I love Tesla's designs in general, except for the walled garden software. I've always had my doubts about that and this dickhead move just flipped the bit. No Tesla's in my life, not now, not ever. There are so many sweet internal combustion rides available for better value, I'll wait for free and open electric car software, forever, if necessary. Last thing I want in my life is an Apple with wheels. Spyware in my auto. Theftware. Malware. You can keep 'em Elon.

  • I am usually a fan of Tesla... they make some cool shit happen, but this was a dick move.

    They need to own up to this. Apologize, and fix it.

    Once something reaches a customer, even if you accidentally gave them the gold-plated-super-awesome-limited-edition, you do not take it away from them.

    This is customer service 101.

    Happy customers tell a friend, unhappy customers tell everyone.

  • I remember a great wave of outrage some years ago when Amazon realized that some books that had been sold to Kindle owners were actually in copyright and not eligible for sale, so they remotely deleted them. The mere fact that they could do this (which they still can) caused such a wave of outrage that Amazon had to tiptoe very carefully for some time. The mere fact that it is possible for Tesla to remotely remove a feature whether you've paid for it or not, if it has been demonstrated to you, is a powerf
  • here is the link to the forum where it all unraveled:

    https://teslamotorsclub.com/tm... [teslamotorsclub.com]

    I also have a model 3 and was following that thread from the start. it does not look like a fake report, to me.

    its disturbing that tesla is *sometimes* stripping software options when they find out that a car changed hands. tesla does this as it wishes, without consistency (it seems).

    one thing the tesla owners want to get from this: raised visibility so that tesla stops being a little child (in this regard) and leaves th

  • by stikves ( 127823 ) on Saturday February 08, 2020 @12:03AM (#59703906) Homepage

    Granted Tesla also disabled some performance features, like battery capacity: https://www.reuters.com/articl... [reuters.com] . But this might be different.

    Given lack of information, I would wait to see whether:
    - Tesla screwed up
    - Dealer screwed up
    - Buyer screwed up
    - or it was just some miscommunication

    Additionally, FSD requires remote services to work (keeping routes up to date, software updates, etc). So it is more like a "lifetime subscription" in GPS devices (with a 100x higher price tag). So I would understand them asking for a new license, *if* they did the reselling, and *if* they had communicated this before.

    For now, I am in wait and see mode.

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