16103 Views 12 Replies Latest reply: 2015-01-13 05:03:06
-
Level 3
(93) points
In case some of you are wondering what is going on, here's some of the information that's available on the internet regarding Ford and GM link right below it:
Also I am not the originator regarding this information.
Law360, Los Angeles (September 29, 2014, 9:45 PM ET) -- Ford Motor Co. sued vehicle diagnostic equipment company Autel US Inc. and an affiliate on Monday in Michigan federal court, alleging Autel had hacked into one of Ford's software programs and copied information for use in its diagnostic tools.
In a 19-page complaint, Ford claimed Huntington, New York-based Autel had crafted a program to unlawfully gain access to and copy its trade secrets and used Ford's signature "Oval" trademark without its authorization or a license.
"By wrongfully acquiring Ford’s trade secrets, by misappropriating them for Autel’s own use, and by the related wrongdoing, Autel has received a benefit from Ford," attorneys for Ford wrote in the complaint.
Ford has developed a diagnostic tool called the Ford Integrated Diagnostic System, which includes both hardware and software components, to service a wide variety of issues with vehicles, according to the complaint. The tools connect to a diagnostic link in Ford vehicles that communicates with an on-board computer system, and the IDS software relays technical information regarding the diagnosis and repair of issues based on data received from the tools, the suit said.
Some compilations of data within the IDS system, including one known as the FFData file, constitute trade secrets used by Ford and its network of authorized dealers and repair facilities, according to the complaint. Ford alleged Autel had created a program to gain unauthorized access to the FFData file, then extracted the file and copied it onto its own diagnostic products.
Specifically, Autel's DS708 tool contains an unlawfully obtained copy of the FFData file, according to Ford. Autel's tool responds in the same manner as Ford's IDS does when "test" or "dummy" data is entered, which "conclusively demonstrates that Autel copied Ford’s proprietary database because the 'test' or 'dummy' does not correspond to any actual vehicles or parts," lawyers for Ford wrote in the complaint.
Ford is asserting claims for copyright and trademark infringement, false designation of origin, misappropriation of trade secrets, common law unjust enrichment and unfair and deceptive trade practices. The company is seeking an injunction, an order requiring Autel to destroy any allegedly infringing products, unspecified damages, attorneys' fees and other relief.
An Autel representative did not immediately respond to a request for comment late Monday.
Ford is represented by Gregory D. Phillips, Scott R. Ryther and Jared L. Cherry of Phillips Ryther & Winchester.
Counsel information for Autel was not immediately available.
The case is Ford Motor Co. et al. v. Autel US Inc., case number 2:14-cv-13760, in the U.S. District Court for the Eastern District of Michigan.
--Editing by Christine Chun. -
Level 3
(93) points
Also has anyone noticed how Tech support has disappeared from these forums once Again?? -
Level 10
(7890) points
I knew about ford lawsuit but was not aware of gm suing, although i had a feeling that was the case the very second they removed flashing from the 908pro and autel wouldn't give a straight answer. same happen with ford, and who knows who else is next. use a backup between 1 and 3 month old. -
Level 6
(435) points
while it might be helpful for support to answer questions to be honest forums like this are really more for users to help each other then to expect direct help from customer support through the forum. If one needs help it is better to call ( which I have done 2 time and had success). If your having a problem with the software please make recorded file of it and send it in to autel through the tool itself. -
Level 3
(91) points
Do you not think that they will see all these negative posts and think everyone is in a frenzy about the situation.
It would make more sense for them to take a more professional approach and enlighten us about the rumours if they are false.
Or are they frightened to admit to this for the fear of people jumping ship and going elsewhere.
Customer support must see this and panic to what will happen next.
Someone from Autel must address this situation.
-
Level 10
(7890) points
-
Level 10
(7890) points
Am not saying their method is legal but at least ford server was not hacked, this maybe
good defence material for autels lawyers. -
Level 10
(7890) points
-
Level 10
(10965) points
Autel Statement Regarding Legal Dispute with FordFirst of all, we are thankful to the trust and concern for Autel from all of our customers. As Autel is growing bigger and our products are receiving more attention and trust, our rivals are constantly putting pressures on us through a variety of ways, in order to monopolize the market, which we consider as normal commercial competition means.Currently, Autel Company does have some legal disputes with Ford Company. Facing Ford’s prosecution and groundless accusations, Autel has already hired professional lawyers to defend the suit actively and we have confidence in handling this dispute. Meanwhile, we assure that the lawsuit will not affect any of the functionality of our products and upgrade services. Customers can rest assured when using our products.There might be some issues that failed to deal with timely during the software updates. Please contact our technical support engineers to solve the problems.Autel adheres to the principle of “Quality First” and we will continue providing better products and services to our customers. -
Level 3
(70) points
In my former life, I was an intellectual property attorney. (But I ended up hating the practice of law and started my own car dealership -- I love cars and business!) My knowledge of this case is limited to the post above, but I do have some insights.First, US Copyright law allows reverse engineering of software. Putting trade secrets into the public domain, even in an encrypted proprietary file, destroys the trade secret. (Trade secret protection and prosecution is limited to those with a duty to protect them, like employees or those under contract)That said, courts have upheld end user licensing agreements that expressly forbid reverse engineering. I suspect Ford's EULA contain those clauses. Ford's EULA likely contains liquidated damage clauses for breach. That will determine the outcome.Autel's use of Ford's logo gives the impression of a Ford endorsement and was illegal. However, any damage is minimal.
- Related links
-
Top users
-
Online users
-
Search Communities