DERIVE(SCT) EPA Lawsuit

Good thing I picked up a BDX already I guess. Hopefully there won't be any issues going forward for those of us with the tuners already.
 
nickstewartroc said:
Good thing I picked up a BDX already I guess. Hopefully there won't be any issues going forward for those of us with the tuners already.

There will be, part of the settlement is that Derive will update existing hand held devices so they cannot be used to disable epa mandated components.

Aka... it will get a firmware update...


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"The software would stop catalytic converters, particulate filters and other emissions controls from working." - 13 ABC News

Not exactly how it works... 🤔😂
 
StinkinLinkin13 said:
"The software would stop catalytic converters, particulate filters and other emissions controls from working." - 13 ABC News

Not exactly how it works...
That’s exactly what I was thinking.
7ed8a585b57705a70210783aa3b2c271.png
 
True, there will be an update pushed out, but with already having it in hand, I should be able to just not update, versus if I bought one a month from now I'm sure it would already be updated

StealBlueSho said:
nickstewartroc said:
Good thing I picked up a BDX already I guess. Hopefully there won't be any issues going forward for those of us with the tuners already.

There will be, part of the settlement is that Derive will update existing hand held devices so they cannot be used to disable epa mandated components.

Aka... it will get a firmware update...


Sent from my iPhone using Tapatalk
 
nickstewartroc said:
True, there will be an update pushed out, but with already having it in hand, I should be able to just not update, versus if I bought one a month from now I'm sure it would already be updated

StealBlueSho said:
nickstewartroc said:
Good thing I picked up a BDX already I guess. Hopefully there won't be any issues going forward for those of us with the tuners already.

There will be, part of the settlement is that Derive will update existing hand held devices so they cannot be used to disable epa mandated components.

Aka... it will get a firmware update...


Sent from my iPhone using Tapatalk

Guess it is time to block the app with a firewall so it cant call home anymore.  alternatively disable/unplug your network cable or kill wifi when running the 'updater' that goes home at every launch.
 
looking at the derp-blog it only calls out the emission controls.  It 'reads' to me as long as they survive the financial penalty we can still tune but not turn off os'2 etcs.. not ideal.  but ?

hmmm... anyone got a spare 4x for sale?  better grab them before someone updates them.
 
This is interesting...

https://www.justice.gov/enrd/consent-decree/file/1095996/download

Read pages 8, 21-22....

Something else that bothers me... from what I understand the tuner can store their custom developed tunes into the SCT's cloud service.. which can then be tied to a tuning device (much like how LMS provides tune updates)... I can see SCT removing the option to store tunes locally so they can verify tunes don't violate the EPA... 
 
Must say this makes me 😠!  Leave our performance upgrades and tunes alone!  Makes me think of a hall monitor blowing a whistle and saying, No running!  Shut the ***k up!
 
Haven't posted here in a while, but was curious if this made news here.  My fear is that the trickle down from this will NOT be good.

I can see all tuners and tuning device manufacturer's reconsidering the marketplace.  Sure hope this doesn't spread.

If the result is that everyone just has to use a proper catalytic converter, maybe it's not so bad.  If it goes beyond that...
 
StinkinLinkin13 said:
"The software would stop catalytic converters, particulate filters and other emissions controls from working." - 13 ABC News

Not exactly how it works... 🤔😂
Journalism in general is not about reporting facts or truth anymore and it is more about headlines and being "1st to print", facts be damned.

You are completely correct, the programmer does not stop them from functioning, but it allows them to be removed, which is the same thing right?<sarc>.  What the article should have said is that "The software allows the disabling of sensors which allow the removal of cats, filters, etc, etc"

nickstewartroc said:
True, there will be an update pushed out, but with already having it in hand, I should be able to just not update, versus if I bought one a month from now I'm sure it would already be updated

StealBlueSho said:
nickstewartroc said:
Good thing I picked up a BDX already I guess. Hopefully there won't be any issues going forward for those of us with the tuners already.

There will be, part of the settlement is that Derive will update existing hand held devices so they cannot be used to disable epa mandated components.

Aka... it will get a firmware update...


Sent from my iPhone using Tapatalk
Yes and no.  Not updating your SCT will work if you never need anything further done, in which case having the tuner still is of little use. 

The problem will come if you continue to tune after the "fix" firmware is pushed out, or in the future need a tune updated.  The tuners will be required to be using the newer firmware's and that will mean to get retuned you will also have to upgrade to runt he new tune they send you.  People have run into this with some of the tuning Co we all love here, were a firmware revision "broke" a tune and the vehicle owner had to reflash car to stock tune, update SCT firmware, then upload the new tune to car.  POOF there goes your catless DP tune you have had for the last 3 years...
 
lamrith said:
StinkinLinkin13 said:
"The software would stop catalytic converters, particulate filters and other emissions controls from working." - 13 ABC News

Not exactly how it works... 🤔😂
Journalism in general is not about reporting facts or truth anymore and it is more about headlines and being "1st to print", facts be damned.

You are completely correct, the programmer does not stop them from functioning, but it allows them to be removed, which is the same thing right?<sarc>.  What the article should have said is that "The software allows the disabling of sensors which allow the removal of cats, filters, etc, etc"

nickstewartroc said:
True, there will be an update pushed out, but with already having it in hand, I should be able to just not update, versus if I bought one a month from now I'm sure it would already be updated

StealBlueSho said:
nickstewartroc said:
Good thing I picked up a BDX already I guess. Hopefully there won't be any issues going forward for those of us with the tuners already.

There will be, part of the settlement is that Derive will update existing hand held devices so they cannot be used to disable epa mandated components.

Aka... it will get a firmware update...


Sent from my iPhone using Tapatalk
Yes and no.  Not updating your SCT will work if you never need anything further done, in which case having the tuner still is of little use. 

The problem will come if you continue to tune after the "fix" firmware is pushed out, or in the future need a tune updated.  The tuners will be required to be using the newer firmware's and that will mean to get retuned you will also have to upgrade to runt he new tune they send you.  People have run into this with some of the tuning Co we all love here, were a firmware revision "broke" a tune and the vehicle owner had to reflash car to stock tune, update SCT firmware, then upload the new tune to car.  POOF there goes your catless DP tune you have had for the last 3 years...

Yeah this is tough.  Those with the tuning suit can opt to not update the tuning suite but then there out of tuning new cars.  Or having two laptops/desktops with old software and new software that is compliant.

Like for Brad,  He *could* keep the *current* SCT Advantage III software and dongle on laptop-a.  This would allow for current and older tuning jobs with full access.  On machine-b the new restricted software.  Its a pain but doable.

What I am curious about is this,  how many 'full tune+disable' jobs are done versus light mods jobs.  I have cats and os's,  So i am 'ok' ...i think.. but how many jobs does Brad do that involve disabling EPA mandated thingies? If it is a 2:10 ratio or something like that he can keep working at a profit and for fun but be able to do deep projects on OEM cars. 

/spitballing done/


 
So when do the updates start where we are limited on the tune options?

If they sold cat converters cheaper there would be more compliant vehicles.
There should be a government rebate or program for this.
 
TopherSho said:
lamrith said:
StinkinLinkin13 said:
"The software would stop catalytic converters, particulate filters and other emissions controls from working." - 13 ABC News

Not exactly how it works... 🤔😂
Journalism in general is not about reporting facts or truth anymore and it is more about headlines and being "1st to print", facts be damned.

You are completely correct, the programmer does not stop them from functioning, but it allows them to be removed, which is the same thing right?<sarc>.  What the article should have said is that "The software allows the disabling of sensors which allow the removal of cats, filters, etc, etc"

nickstewartroc said:
True, there will be an update pushed out, but with already having it in hand, I should be able to just not update, versus if I bought one a month from now I'm sure it would already be updated

StealBlueSho said:
nickstewartroc said:
Good thing I picked up a BDX already I guess. Hopefully there won't be any issues going forward for those of us with the tuners already.

There will be, part of the settlement is that Derive will update existing hand held devices so they cannot be used to disable epa mandated components.

Aka... it will get a firmware update...


Sent from my iPhone using Tapatalk
Yes and no.  Not updating your SCT will work if you never need anything further done, in which case having the tuner still is of little use. 

The problem will come if you continue to tune after the "fix" firmware is pushed out, or in the future need a tune updated.  The tuners will be required to be using the newer firmware's and that will mean to get retuned you will also have to upgrade to runt he new tune they send you.  People have run into this with some of the tuning Co we all love here, were a firmware revision "broke" a tune and the vehicle owner had to reflash car to stock tune, update SCT firmware, then upload the new tune to car.  POOF there goes your catless DP tune you have had for the last 3 years...

Yeah this is tough.  Those with the tuning suit can opt to not update the tuning suite but then there out of tuning new cars.  Or having two laptops/desktops with old software and new software that is compliant.

Like for Brad,  He *could* keep the *current* SCT Advantage III software and dongle on laptop-a.  This would allow for current and older tuning jobs with full access.  On machine-b the new restricted software.  Its a pain but doable.

What I am curious about is this,  how many 'full tune+disable' jobs are done versus light mods jobs.  I have cats and os's,  So i am 'ok' ...i think.. but how many jobs does Brad do that involve disabling EPA mandated thingies? If it is a 2:10 ratio or something like that he can keep working at a profit and for fun but be able to do deep projects on OEM cars. 

/spitballing done/
Yeah the possibility is their to do just that.  However I would think the risk is far to great.  I do not see him or any tuner doing that.  I seem to recall a year ago or so one of the tuners was directly approached by EPA and told cease and desist removing O2's in tunes.  I know I would never risk the penalties/downside repurcussions to a business of doing it.
 
It will all depend on how the lawsuit goes... could be years would be my guess... depends on how hard Derive wants to fight it.


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yeah,  guess it will come down to the number of jobs done without disabling devices versus doing jobs that needed os/cat disabling and if there is still enough profit. 

This gets a bit sketchy because now we will have underground tuners.. that can never any good with the hack jobs that people do..
 
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