Tesla Bans Customers From Using Autonomous Cars To Earn Money Ride-Sharing (arstechnica.com) 305
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."
Sorry - whose car is this? (Score:5, Insightful)
Re:Sorry - whose car is this? (Score:4, Insightful)
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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
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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.
Re:Sorry - whose car is this? (Score:5, 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.
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only difference is that you are not getting the car for free.
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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 pote
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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.
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 consuma
unlimited lease agreement so under landlord rules (Score:4, Insightful)
unlimited lease agreement so under landlord rules they are on the hook for all repair and insurance?
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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...
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EULA's and auto driver cars will face some hard co (Score:5, 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.
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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.
Re:Sorry - whose car is this? (Score:5, Insightful)
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.
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I'm with you.
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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.
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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.
Re:Sorry - whose car is this? (Score:4, 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.
Re:Sorry - whose car is this? (Score:5, Informative)
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A lot of farmers have guns......a lot of Tesla owners don't...
Re:Sorry - whose car is this? (Score:5, Insightful)
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Tesla has control (Score:2)
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.
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Re: Sorry - whose car is this? (Score:2)
Your car is not your car (Score:5, Insightful)
Give us a lot of money, and you get no ownership of anything. Welcome to the World of Tomorrow!
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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.
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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 pol
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...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.
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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.
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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 les
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No, Just No (Score:3)
Much as I detest Uber, this is just wrong, unless Tesla plans to adopt a lease-only model.
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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.
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Who's "they"? Are Tesla going into the insurance business, too?
Et tu, Tesla? (Score:2)
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.
How can that possibly be legal? (Score:2)
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...
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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 i
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Dystopian future is predictable... (Score:2)
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
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If you can afford a Tesla... (Score:2)
Re:If you can afford a [fleet of] Teslas... (Score:2)
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 [theregister.co.uk]. 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
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Uh... what? (Score:2)
So self-driving cars are now a full reality and all the problems have been solved? Huh. That was quick.
Like has to do with liability issues and the need (Score:2)
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.
So much for Tesla's antitrust dealer argument (Score:4, Insightful)
Missing Sales Opportunity (Score:2)
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.
Ownership of the product (Score:2)
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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.
"Stop not touching me! OW!!!" (Score:2)
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 hum
The Tesla Network...? (Score:2)
All that's ringing through my head is "..and the next wave of 'We'll 'help you' starts."
This wil not work anyway (Score:2)
- 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, peda
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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.
Unbelievable arrogance (Score:2)
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.
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Who the hell do they think they are? Microsoft?
Sealed hood (Score:2)
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.
uhh.. (Score:2)
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..
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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.
Contracts (Score:2)
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.
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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.
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Tesla's liabilities (Score:3)
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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.
Re: Great way to kill the competition by making it (Score:4, Informative)
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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.
Re: Great way to kill the competition by making it (Score:4, 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.
Re:Great way to kill the competition by making it. (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.
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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
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... 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.
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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.
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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!
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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).
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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.
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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.
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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).
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And African-American (literally).
Re:Great way to kill the competition by making it. (Score:5, 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... [snopes.com]
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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?
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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.
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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.
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Time to jailbreak a Tesla.
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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, extraordinari