Mazda's DMCA Takedown Kills a Hobbyist's Smart Car API Tool (arstechnica.com) 28
Long-time Slashdot reader couchslug shares a report from Ars Technica, writing: "A new attack on the right to do with one's property as the owner sees fit. First step, threaten without providing evidence." From the report: Before last week, owners of certain Mazda vehicles who also had a Home Assistant setup could create some handy connections for their car. One CX60 driver had a charger that would only power on when it confirmed his car was plugged in and would alert him if he left the trunk open. Another used Home Assistant to control their charger based on the dynamic prices of an Agile Octopus energy plan. Yet another had really thought it through, using Home Assistant to check the gas before their morning commute, alert them if their windows were down before rain was forecast, and remotely unlock and start the car in cold conditions. The possibilities were vast, and purportedly beyond what Mazda's official app offered.
Mazda, however, had issues with the project, which was largely the free-time work of one software developer, Brandon Rothweiler. In a Digital Millennium Copyright Act (DMCA) notice sent to GitHub, Mazda (or an authorized agent) alleges that Rothweiler's integration: contains code that "is violating [Mazda's] copyright ownership"; used "certain Mazda information, including proprietary API information," to "create code and information"; and contained code that "provides functionality same as what is currently" in Mazda's apps posted to the Apple App Store and Google Play Store for Android.
One day later, Rothweiler made a pull request to the Home Assistant core project: "I'm removing the Mazda integration due to a legal notice sent to me by Mazda." The Home Assistant project pushed an update to remove the integration, posted about the removal, and noted that they were "disappointed that Mazda has decided to take this position" and that "Mazda's first recourse was not to reach out to us and the maintainer but to send a cease and desist letter instead." One of the many commenters confused by Mazda's code claims said they couldn't find any of the copyrighted code the company referenced. Additionally, Ars Technica suggests the project "could be considered a fair use exception to the DMCA, as explained by the Electronic Frontier Foundation."
"When Mazda contacted me, my options were to either comply or open myself up to potential legal risk," said Rothweiler. "Even if I believe that what I'm doing is morally correct and legally protected, legal processes still have a financial cost. I can't afford to take on that financial risk for something that I do in my spare time to help others."
Mazda, however, had issues with the project, which was largely the free-time work of one software developer, Brandon Rothweiler. In a Digital Millennium Copyright Act (DMCA) notice sent to GitHub, Mazda (or an authorized agent) alleges that Rothweiler's integration: contains code that "is violating [Mazda's] copyright ownership"; used "certain Mazda information, including proprietary API information," to "create code and information"; and contained code that "provides functionality same as what is currently" in Mazda's apps posted to the Apple App Store and Google Play Store for Android.
One day later, Rothweiler made a pull request to the Home Assistant core project: "I'm removing the Mazda integration due to a legal notice sent to me by Mazda." The Home Assistant project pushed an update to remove the integration, posted about the removal, and noted that they were "disappointed that Mazda has decided to take this position" and that "Mazda's first recourse was not to reach out to us and the maintainer but to send a cease and desist letter instead." One of the many commenters confused by Mazda's code claims said they couldn't find any of the copyrighted code the company referenced. Additionally, Ars Technica suggests the project "could be considered a fair use exception to the DMCA, as explained by the Electronic Frontier Foundation."
"When Mazda contacted me, my options were to either comply or open myself up to potential legal risk," said Rothweiler. "Even if I believe that what I'm doing is morally correct and legally protected, legal processes still have a financial cost. I can't afford to take on that financial risk for something that I do in my spare time to help others."