Monday, April 2, 2018

The Word of the Day is "Telematics"

Wikipedia tells me that "Telematics" means:

Telematics is an interdisciplinary field that encompasses telecommunications, vehicular technologies, road transportation, road safety, electrical engineering (sensors, instrumentation, wireless communications, etc.), and computer science (multimedia, Internet, etc.). Telematics can involve any of the following:
  • the technology of sending, receiving and storing information via telecommunication devices in conjunction with effecting control on remote objects
  • the integrated use of telecommunications and informatics for application in vehicles and with control of vehicles on the move
  • global navigation satellite system technology integrated with computers and mobile communications technology in automotive navigation systems
  • (most narrowly) the use of such systems within road vehicles, also called vehicle telematics

Other than it being an interesting word, so what? Right?

Well, as it turns out, the word "telematics" makes an appearance in a 2015 rule from the Copyright Office regarding exemptions from the Digital Millennium Copyright Act ("DMCA"), in 37 CFR Part 201, Section 6: "Proposed Class 21: Vehicle Software - Diagnosis, Repair, or Modification."

[B]ased on the Register’s recommendation, the Librarian adopts the following exemption: Computer programs that are contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle or mechanized agricultural vehicle, except for computer programs primarily designed for the control of telematics or entertainment systems for such vehicle, when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair or lawful modification of a vehicle function; and where such circumvention does not constitute a violation of applicable law, including without limitation regulations promulgated by the Department of Transportation or the Environmental Protection Agency; and provided, however, that such circumvention is initiated no earlier than 12 months after the effective date of this regulation.

Again, you might say, So What?

The above is an exemption to the DMCA that allows the owners of a vehicle that contains a "computer program" to circumvent technological protection measures of the computer program for the purpose of "diagnosis, repair, or lawful modification." Of course, all "vehicles" today contain "computer programs" - for example, there might be a computer program that electronically controls shifting, or gas mix/utilization rates, or braking power. This 2015 exemption allows a consumer (or someone acting on their behalf) to make repairs or modifications.

However, there are two (three) big exceptions to this exemptions:

  1. entertainment systems
  2. telematics
  3. "undertaken by the authorized owner"

Entertainment systems aside, as you can see, "telematics" turns out to be a pretty big exception in an age of autonomous vehicles. Moreover, as autonomous vehicles become more prevalent, outright ownership of such vehicles is decreasing in favor of leasing and licensing schemes. The result is best summed up in a pretty wonderful piece by Vice's Motherboard

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