On Monday, the US Department of Justice (DOJ) announced a settlement with an after-market car technology company called Derive Systems. Derive was accused of selling 363,000 devices that could defeat the emissions control systems of any car. The settlement called for Derive to spend around $6 million correcting its sold and unsold software to prevent further emissions tampering, as well as pay a fine of $300,000.
"Over a span of multiple years, Derive sold products, including custom engine tuning software and parts, online and at distributers across the nation under the brand names of 'Bully Dog' and 'SCT' for use in many types of gasoline and diesel-fueled cars and trucks," a press release from the DOJ noted. The DOJ refers to Derive's offending products as "defeat devices," a term that anyone familiar with Volkswagen Group's 2015 diesel scandal will recall. In regulatory parlance, a "defeat device" is any physical or digital addition to a car that "defeats" its emissions control system.
From a different spot:
"Under the terms of the settlement, Derive must stop introducing new noncompliant tuners into commerce and retrofit existing tuners so that they comply with the Clean Air Act. All new and existing tuners offered for sale must have a reasonable basis demonstrating that the use of the products will not adversely affect vehicle emissions. Besides tuners, Derive must limit access to key emission control parameters in their custom tuning software and create a customer verification program for users of the custom tuning software, which includes training about vehicle functions, emission controls, and the Clean Air Act requirements. Derive must stop any marketing that would provide information on how consumers can defeat emission controls in their vehicles, and work with their national distributors to prevent the packaged sale of their products with companion defeat devices. Derive must train their employees to comply with the Clean Air Act. Derive must also pay a penalty of $300,000 based on the company’s demonstrated limited ability to pay a larger amount."
I think the new version of SCT software is going to remove some features...
I'm one of those 363,000 users.
The advantage software throws up a new eula when you open it, that you have to agree to.
The switches for EGR and rear O2 sensors, that were specifically mentioned in the article, are still there.
I'm going to update my tuning laptops, make backups, and make sure they talk to sct's server.
When you run the software, it uploads a file showing what devices you are writing tunes to; they get kinda picky with me, as I have 3 cars, so they see the numbers change. Most people who do that are Dealers level licenses.
They require this file once a year, or your software won't work; so hopefully, my computers can be off the network for a year.
I'll run a backup, and write the date on it; resetting the clock will make the backup work forever, lol.
I did see that they added some new terms to the license: If I sell someone a tune, no only does it void my license, but they can charge me the PRP cost and half the cost of the tuning device.
Sounds like a good reason not to sell tunes, lol.