speed limiter
#11
01-26-2008, 02:46 AM
RE: speed limiter
"Because really and truly, anytime you take a vehicle (since that's what we're referring to) and you change the specifications anywhere on that vehicle, it is no longer the vehicle that the manufacturer produced. So, in effect, you have changed that vehicle but still left the manufacturers stamp on it, as if they were the ones who did it! Copyright violation, and/or Patent Infringement. Or, you say, "you put those rims on that car, or put lowering springs on that car! Yet, you didn't change that stamp on the vehicle to reflect your Name, or your manufacturing plant or company symbol. See, now you've lied, or stolen ideas, or...you've got a "knock-off." Because you don't have license to do that really. And you're probably not established or set-up a business that produces automobiles. See, now you may have an IRS issue. Too many "I Gotcha's" Amazing isn't it?"
I'm calling BS on that one. The entire aftermarket appearance industry probably did a little bit of research on that first
. The only issue would be if you tried to sell it - changing the ECU or whatever would be something that would need to be disclosed, but it's not illegal. Modifying a car in such a way does not make you a copyright infringer, even if a weak case could be made no manufacturer is going to waste their time and money claiming that you infringed upon their patent by putting some rims on it 
. If you tried to market it as a product of your own, then you'd have issues...
I can't find anywhere anything about changing patented inventions being an infringement. It's a long document, so I just quoted the beginning part that seemed most relevant. I searched the document for 'modified', 'changed', 'altered' and derivatives and got nothing.
I'm calling BS on that one. The entire aftermarket appearance industry probably did a little bit of research on that first
. The only issue would be if you tried to sell it - changing the ECU or whatever would be something that would need to be disclosed, but it's not illegal. Modifying a car in such a way does not make you a copyright infringer, even if a weak case could be made no manufacturer is going to waste their time and money claiming that you infringed upon their patent by putting some rims on it . If you tried to market it as a product of your own, then you'd have issues...
Title 35, 271
[/align] [/align] ยง271. Infringement of patent
[/align] [/align] (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent. [/align] (b) Whoever actively induces infringement of a patent shall be liable as an infringer. [/align] (c) Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer. [/align] (d) No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following: (1) derived revenue from acts which if performed by another without his consent would constitute contributory infringement of the patent; [/align] (2) licensed or authorized another to perform acts which if performed without his consent would constitute contributory infringement of the patent; [/align] (3) sought to enforce his patent rights against infringement or contributory infringement; [/align] (4) refused to license or use any rights to the patent; or [/align] (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights in another patent or purchase of a separate product, unless, in view of the circumstances, the patent owner has market power in the relevant market for the patent or patented product on which the license or sale is conditioned. [/align]
[/align] [/align] ยง271. Infringement of patent
[/align] [/align] (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent. [/align] (b) Whoever actively induces infringement of a patent shall be liable as an infringer. [/align] (c) Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer. [/align] (d) No patent owner otherwise entitled to relief for infringement or contributory infringement of a patent shall be denied relief or deemed guilty of misuse or illegal extension of the patent right by reason of his having done one or more of the following: (1) derived revenue from acts which if performed by another without his consent would constitute contributory infringement of the patent; [/align] (2) licensed or authorized another to perform acts which if performed without his consent would constitute contributory infringement of the patent; [/align] (3) sought to enforce his patent rights against infringement or contributory infringement; [/align] (4) refused to license or use any rights to the patent; or [/align] (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights in another patent or purchase of a separate product, unless, in view of the circumstances, the patent owner has market power in the relevant market for the patent or patented product on which the license or sale is conditioned. [/align]
#12
01-28-2008, 04:43 PM
RE: speed limiter
I don't know about the legality of it but I should be able to do whatever I want to my own car (as long as I comply with smog and most vehice code laws). My own two cents is that the speed limiters vary by manufactuer and by model. You could always argue that the limiter should be set at max speed in the US (70 I believe), but then again nobody has it that low. I have an M3 with the limiter removed. I purchased it used and the previous owner told me it tops out past 170+mph. I have never had any interest in verifying his claims but it's nice to know it's there (potentially). Just enjoy what you drive!
Thread
Thread Starter
Forum
Replies
Last Post
trev0006
Off Topic
0
12-23-2007 03:28 AM
benz, cclass, class, deactivate, governors, limiter, max, mercedes, mercedesbenz, ml500, multidbcgi, puts, remove, speed, vehicles
