this post was submitted on 13 Dec 2023
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This reminds me of the hacked McDonalds ice cream machines. Except the shitty manufacturers won that one.
Sadly they will probably win this as well. Some claim there could safety concerns and it isn’t certified or could damage their brand… time for people’s manufacturing of products? Hehe
This is an EU country, not the US.
Things like the DMCA provisions forbidding working around IP protection mechanisms (and software is copyrighted) don't apply here.
IANAL (so take this it with a pinch), unless the trains are legally theirs rather than the train company's, it's not hacking, it's just "software maintenance" and the only right this company has here is to withdraw product warranties because of "unauthorized changes".
There might or not be a case against the train company (for example, if the contract forbade this or the train company tried to sell those trains onwards as if they were original) but not against the people who did the software changes on the trains when authorized by the owners of said trains.
I assume EU has safety regulations and if a train suddenly loses its brakes they would be liable wouldn’t they? Now they can say someone has “hacked the train” and they can’t guarantee the brakes will work. I am not sure where the USA argument came from