VW case: what impact for the innovative industry and the software’s rights?

At the start of the VW case there is an embedded software. From what we know, the purpose of the software developed by Bosch is to:

– detecting the car use sequences which are typical of a test and not in common use,

– to change the engine behavior at that time,

– in order to reduce temporarily (during test) emissions of some toxic gases. When the test sequence is over, the software is disabled to allow the engine to adopt its behavior in common use, much more polluting.

This case is talking about the issue of embedded software. This is all that software products that fit an infinity (from the washing machine at the alarm clock, via the electronic thermometer or television), without the user being aware of their presence, and intimately involved in the operation of the product. Sometimes, as in the VW, that these software change the behavior of the product in a way that displeases.

We offer a conference that will review the issue of embedded software around three main themes:

– The planned obsolescence

Typical case: 10.000 after washing sequences, your washing machine displays an error code indicating that the drum is defective. In reality, the drum is not necessarily defective. Embedded software stops operation because it believes that the aircraft arrived at the end of life.

Is there a legal framework surrounding the planned obsolescence?

– The decompilation

The decompilation of this software can not take place in some cases, subject to compliance with several conditions. In the case of VW, many observers point out that if decompilation had been possible, the fraud would have been detected much earlier, and want to review the law.

When will we have the right to decompile software?

– Collective action

In the US, several law firms (known as 70 concurrent proceedings) flocked to the folder to open collective action. Collective action for damages was recently created under Belgian law.

Is Collective action an effective remedy?