Yes, but again, it depends on what the buyer signed. For example, with
software, the licensing agreements usually state that you do not own the
software but only have the right to use it which can be terminated under
certain conditions. Tesla could have included similar language.
Ethical or not, I believe they do have the right to include such
language.
Peri
------ Original Message ------
From: "Collin Kidder via EV" <[email protected]>
To: "Haritech (Gmail)" <[email protected]>; "Electric Vehicle
Discussion List" <[email protected]>
Sent: 02-Oct-14 8:04:14 AM
Subject: Re: [EVDL] EValert: !Don't buy a salvaged Tesla EV to repair
&drive! (video)
I think that, by this point, we all agree on that point: the buyer did
not
receive what he thought he had received. I believe that the company
that
sold the salvage car likely did not realize the true situation either.
I
would think that the sell would fall into questionable legality given
the
circumstances.
The lingering question, and point of disagreement, is whether Tesla has
any
legal or moral authority or sanction to disable a vehicle that they no
longer own. My view is that it is never acceptable for the originating
company to disable a device without the sanction of the current owner.
I
seriously doubt that the owner at the time of the crash really wanted
them
to totally disable the car remotely. Disabling the car is the
responsibility of the inertia sensors in the car. THAT is for
safety.These
things can be reset by the owner. Instead Tesla has electronically
disabled
the car in such a way that only they can unlock it. This is
unconscionable
as far as I'm concerned. This is not for safety. This is all so that
Tesla
can retain total control of something they have already sold.
On Thu, Oct 2, 2014 at 10:47 AM, Haritech (Gmail) via EV
<[email protected]>
wrote:
I agree. The seller didn't understand what he was buying. That's
really
the end of the story.
He didn't buy it from Tesla so it's not Teslas jobs to ensure the
scrap
was re manufacturable into a car. It is Teslas role/right to ensure
their
name and brand is protected.
Lawrence
> On Oct 2, 2014, at 7:42, Ben Goren <[email protected]> wrote:
>
>> On Oct 2, 2014, at 7:14 AM, Haritech (Gmail) via EV
<[email protected]>
wrote:
>>
>> Trouble is you didn't own the car when it was disabled.
>
> Then the sale was fraudulent, whether intentionally so or
otherwise. The
buyer thought he was buying a salvageable car, not a pile of scrap
metal.
>
> But, considering that it's Tesla, not the seller, who's responsible
for
turning what was, in fact, a salvageable car into a pile of
scrap...most of
us would consider that either theft or destruction of property.
Morally,
whether or not legally.
>
> Imagine the car has, instead of a regular glovebox, a safe...and
that
the entire wiring harness goes through this safe, and all the fuses
are
inside the safe. For safety reasons, the safe is designed to lock
itself
when an accelerometer detects a crash...but, though the manufacturer
gave
you the key to the front of the safe when you bought the car, they
neglected to give you the key to the back of the safe that unlocks it
after
a crash. They still have that key, but they won't give it to you,
even
though you ostensibly own the car.
>
> Ethical companies do not pull these sorts of shenanigans.
>
> Tesla is well within its rights to publicly disclaim responsibility
for
what this guy does with the car he's bought in known-damaged
condition from
a third party. They don't have -- or, at least, _shouldn't_ have --
the
right to hinder him doing what he wants with the car, and that
includes
maintaining control of parts of the car that they have no right
keeping out
of the control of all their other owners.
>
> ...because, really: that's what this is all about. It's now
apparent
that Tesla can turn <i>any</i> of their cars into scrap metal just by
pressing a button, and if you don't like the fact that that's what
they've
done, your only recourse is to sue one of the richest men on the
planet.
"Good luck with that," as they say.
>
> b&
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