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so here's my take on this having been involved with a car club/ forum for over 10 years and talked about this very thing involving not only the OEM but also after market tuners claiming copyright.
it's ridiculous. it's MY engine in MY car. I am mandated by the state to ensure that the car is safe to be on the road and that it passes state emission requirements. if not there are penalties/remedies for that. I want to know what is being done to my car and I want the ability to change things within the law.
When the OEM of my particular automobile was going through a series of reprogramming steps of the PCM (flashes) for various issues related to performance and oil consumption I asked for particulars about what they were doing. The company wanted to be vague. i felt if they were changing fuel and oil delivery i should know what it is they did. they did eventually provide some specifics for what and why.
If i went to a mechanic to have my car repaired and they said they wouldnt explain to me what was wrong or what parts needed replacing or show me the "bad parts" when they were done i wouldnt use them and they could get in trouble for it.
there are also a couple of "aftermarket tuning professionals" who are very good at what they do but refuse to share what they are doing to the point that they have made it impossible for someone to modify the programming after they have done so. so if you decide to go to someone else next time, the PCM has to be flashed to factory and the process done from the base instead of making tweeks to your existing program.
now imagine if you had work done to your engine and the mechanic when done put a lock on the hood so that no one else could fix the car until he removed the lock and removed anything he had done previously. does that sound remotely reasonable?
no it doesnt. flashing is the same as wrenching(using a spanner for those not in the US) on your car. in the carburetor days if you wanted to change the fuel air mixture and the timing you changed parts , adjusted trim screws or changed carbs and turned the distributor.
now you adjust numbers in a table. but its the same thing just a digital wrench. i asked my states attorney general about it once and they agreed- work done on the car via computer is the same as taking a wrench to it. i have a right to know the changes and I have a right to choose who does that work even if I decide to do it myself. no gets to lock me out of my own vehicles maintenance/repair.
should some systems be off limits? for safety? for security? no. if i have the same car for the next 40 years i want someone to be able to program /repair it well after whomever made it may be long gone.
during the warranty period? certainly there is a good argument to be made that those providing the warranty should be allowed to insist on WHO fixes it as long as the cost isnt jacked up. there already laws in place about that.
but the tools should be available for anyone just like you can go buy a wrench and anyone should be allowed to use them either as a business for their customers needs or as an individual.
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