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This is far beyond ethical concerns and distinctly into fraud territory. They planned to generate false data to convince customers to buy their products, and to
by iofj 10y ago
This is far beyond ethical concerns and distinctly into fraud territory. They planned to generate false data to convince customers to buy their products, and to get governments to approve their shit.
And of course, when they get caught, they throw their subordinates under the bus:
http://www.theregister.co.uk/2015/10/10/vw_boss_engineers_blame/ http://www.theregister.co.uk/2015/10/10/vw_boss_engineers_bl...
> "This was not a corporate decision from my point of view," Horn said while under oath.
> "To my knowledge this was a couple of software engineers."
Now we find out:
1) It was management that came up with the idea to commit this fraud, and they hired government consultants to find out exactly how the testing happened, and used them in a management-directed project to figure out exactly how to commit this fraud.
2) Martin Winterkorn, the top of VW management, REPEATEDLY prevented project proposals by engineers to fix this issue (reason: "More effective emissions equipment would have made Volkswagen vehicles hundreds of dollars more expensive")
3) Top management actively studied how much they'd be punished for this ("An American law firm hired by Volkswagen to examine regulatory issues, Kirkland & Ellis, told the carmaker in an August 2015 memo that the previous record penalty was $100 million")
4) Senior management asked engineers to study the chances of getting caught ("Court documents filed by Volkswagen indicate that the technicians thought the chances of being caught cheating were slim when the deception began in 2006")
5) Management refused to even stop cheating as a result of getting found out, when the courts weren't involved ("Signs of irregularities in Volkswagen cars were discovered in 2014 by a nonprofit group, the International Council on Clean Transportation, based on testing performed at West Virginia University")
At what point do we start talking personal responsibility for these assholes ? This is fraud, plain and simple ... they planned to lie to the government, and to the people buying their products. Then they executed on their plan to commit fraud, involving large amounts of subordinates, then they were discovered and attempted to throw others under the bus.
By contrast if you can't be convicted for committing fraud on your customers, and lying to the government to get approval, what's to stop companies from selling Chinese-style "100G" flashdrives ? What's to prevent companies from putting FDA approved stickers on different medicines than the ones that were approved ?
- Sharlin 10y agoSure, this is a particularly egrecious case. But law is merely codified morality, and without a conscience the question of whether to break law becomes merely a cold calculation of expected (dis)utility. This is what you get when your utility function tries to maximize shareholder value.
- icebraining 10y agoBut is it? How's the shareholder value now? Was the risk really worth the gain? Did they expect that nobody would ever independently test the cars? To me, it sounds like reckless behaviour even from that POV.
- tremon 10y agoWell, then we better make sure that the risk never is worth the gain. Maybe give courts the option to nationalize a corporation when the law violations are big enough? As in, immediately displace entire management layers and void all publicly held stock?
- jacquesm 10y agoRe. your '2', that was my position all along on this scandal. http://jacquesmattheij.com/volkswagen-and-the-blame-the-engineer-game http://jacquesmattheij.com/volkswagen-and-the-blame-the-engi... For me the proof was that Winterkorn stepped down long before there was anybody even suggesting that he knew about it, classic distancing behavior.
- w_t_payne 10y agoUnfortunately, such behaviour is all too widespread. I don't think anybody believes that the fraud is limited to VW, or that this type of fraud is limited to the automotive industry. If you previously thought that your car was environmentally friendly, you are being forced to think again. What do you still believe to be true? Do you think your bank account is protected from thieves? Do you think that your railway journey is safe? What about your flight to your next holiday destination? What about the nuclear power plant down the road? The systems that we have to keep our weapons secure and safely out of the hands of terrorists? All these things depend on software. We have to think again about complexity. We have to think again about the role of software in our society. We have to think again about what transparency and trust really mean for a technologically advanced society.