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No I don't think I agree. To use a different example someone brought up - imagine your CPU breaks in your laptop. You send it to the manufacturer, and they rep
by gambiting 4y ago
No I don't think I agree.
To use a different example someone brought up - imagine your CPU breaks in your laptop. You send it to the manufacturer, and they replace it with a higher model CPU because <reasons> - cool, right? You sell it advertised with that better CPU, then the next owner has to send it in for another, completely unrelated repair, and the manufacturer then says "oh we noticed the last repair fitted more powerful CPU than intended, so we removed it and fitted the original spec CPU".
That wouldn't be just immoral, that would be actual theft.
The matter of fact is, after the warranty repair the guy was given a car with a bigger battery and the bigger capacity enabled in software. Whether Tesla intended to do this or not, is completely and utterly irrelevant - it was his to keep and sell. Now Tesla taking this away should be(but probably isn't) illegal. You have a product with a feature X, Tesla removed that feature and in fact holds it ransom for payment - the fact that they never intended to install it is irrelevant.
To use a different example again - imagine you buy a new car and the factory made a mistake and fitted an extra option that you didn't order. Is the manufacturer in the right to remove that part during your next service?
- jabbany 4y agoI think there is a difference with Tesla though, because they do segment based on software. So some of their actual 60 level cars are sold with 90 batteries limited in software. This is more akin motherboard manufacturers who would unofficially unlock overclocking on unsupported chipsets in first version firmware. If someone bought such a board, overclocked the CPU, sold it, and then the next owner sent the board back to the manufacturer for unrelated repairs, and as part of fixing the other problem the board manufacturer needed to do a BIOS update, resulting in the overclocking feature being lost.
- chii 4y agoThe segmentation being purely in software makes no difference in the principal. Software segmentation merely makes the effects technically achievable (whereas it'd be hard or impossible via physical means). But the principle that a consumer's product shouldn't be modified without asking for explicit permission from the owner still stands regardless of segmentation methods.
- cynix 4y ago> the factory made a mistake and fitted an extra option that you didn't order. Is the manufacturer in the right to remove that part during your next service? Your bank makes a mistake and adds a million dollars to your account balance when you tried to deposit $100. Is the bank in the right to remove that when they discover the mistake?
- p1esk 4y agoYour bank makes a mistake and adds a million dollars to your account balance when you tried to deposit $100. In this scenario, the bank also tells you: “we are giving you a million dollars, it’s yours”. Then, 3 years later, someone else at the same bank says: “oopsies, we actually made a mistake, so we withdrew that million from your account”. It’s even worse, imagine you actually received that million, as a payment for something, from someone else who originally received it from the bank.
- cynix 4y ago> the bank also tells you: “we are giving you a million dollars, it’s yours”. This doesn’t seem to be the case with the larger battery though? Nothing in the tweet thread indicates that Tesla explicitly stated the car is now a 90 and the original owner can keep it forever.
- gambiting 4y agoYes, because it's their account and their system - that does happen in fact, plenty of stories like that. If you take the money out, or move it elsewhere, they cannot just break into your house and take the cash however - they would need a court order to recover it, and the court would need to agree that it was a reasonable mistake(and that's not always the case! plenty of cases where people/companies send money to the wrong account by mistake and the courts rule that you can't force the other side to return the money) Also you haven't answered my question, which I think compares better to this situation than a random million dollars deposited into my account. No one randomly gave this guy an upgrade - it was a warranty replacement with a better item, that happens literally all the time in all kinds of industries. What doesn't happen is the manufacturer turning around few years later and taking the item back.