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In wake of Volkswagen scandal, cheating may actually get easier

The three crises that rollicked the auto industry in recent months – a rising death toll related to the General Motors ignition-switch defect, the Jeep Cherokee hack and now the Volkswagen cheating scandal – all have one thing in common. Outsiders discovered the problems. In the new matter of Volkswagen rigging millions of cars to outsmart emissions tests, researchers at West Virginia University and the International Council on Clean Transportation first spotted irregularities. In the hacking of a Jeep Cherokee, it was independent cyber-security researchers Chris Valasek and Charlie Miller who found and reported cellular vulnerabilities that allowed them to control a car from halfway across the country. And lest we forget in the case of General Motors, it was a Mississippi mechanic and Florida engineer who first made connections between non-deploying airbags and faulty GM ignition switches that had been altered over time. They worked on behalf of Brooke Melton, a 29-year-old Georgia woman killed in a Chevy Cobalt. "That argument is built on a whole string of trusts, and now it is clear that we should absolutely not be trusting." - Kyle Wiens Amid the Volkswagen scandal, the role these independent third parties played in unearthing life-threatening problems is important to highlight, not only because it shines a light on the ethical indifference corporations paid to life-and-death problems of their creation. The role of the independents is noteworthy because, just as their contributions never been more relevant in protecting the driving public, they could soon be barred from the automotive landscape. Since May, a little-known but critically important process has been playing out before an office within the Library of Congress, which will soon decide whether independent researchers and mechanics can continue to access vehicle software or whether that software, which runs dozens of vehicle components, is protected by copyright law. The Digital Millennium Copyright Act criminalizes measures taken to circumvent security devices that protect copyrighted works. When the DMCA was signed into law in 1998, it was intended to protect the likes of movies from being pirated and companies from ripping off software. At the time, few had a clue that some 17 years later cars would essentially be mobile software platforms run by millions of lines of code that potentially fall under the law's jurisdiction.

$1.4B hedge fund suit against Porsche dismissed

Investors have canvassed courts in Europe and the US to repeatedly sue Porsche over its failed attempt to take over Volkswagen in 2008 (see here, and here and here), and they have repeatedly failed to win any cases. You can add another big loss to the tally, with Bloomberg reporting that the Stuttgart Regional Court has dismissed a 1.4-billion euro ($1.95B US) lawsuit, the decision explained by the court's assertion that the investors would have lost on their short bets even if Porsche hadn't misled them.
Examining the hedge funds' motives for stock purchases and the bets that VW share prices would fall, judge Carola Wittig said that the funds didn't base their decisions on the key bits of "misinformation," and instead were participating simply in "highly speculative and naked short selling," only to get caught out.
With other cases still pending, the continued streak of victories bodes well for Porsche's courtroom fortunes, since judges will expect new information to consider overturning precedent. If there is any new info, it could come from the potential criminal cases still outstanding against former CEO Wendelin Wiedeking and CFO Holger Härter, who were both indicted on charges of market manipulation.

Ram and Alfa Romeo top J.D. Power study of best automaker websites

Imagining a new car can be terrific fun, especially if the new car is an Alfa Romeo. So say the fantasy engineers at the J.D. Power agency, who’ve found that Alfa and Ram, sister brands under the Stellantis umbrella, offer potential buyers the most attractive consumer websites, which are often their first viable encounter with those vehicles. Power found that those marques lead the mass market and premium categories in its twice annual Manufacturer Website Evaluation Study. In the premium segment, Alfa Romeo led with 755 points, up six points over BMW, 10 points ahead of Infiniti, 14 points past of Jaguar, and 18 points up on Porsche. By contrast, Volvo and Audi trail the pack with 689 points, and are behind Genesis (699 points), Tesla (720), and Cadillac (721), all of which perform worse than the premium segment average of 724 points. The summerÂ’s study showed that in the mass market segment, Ram leads with an impressive 735 points, which puts it six points ahead of GMC, seven points atop its stablemate Jeep, eight points beyond Subaru, and 22 points ahead of the industry average. Volkswagen finished dead last among mass market names, but only one point behind Ford, 684 to 683 out of a possible 1,000. Segment average, as noted, was 713 points. “Website satisfaction can be volatile, and automotive websites are not immune to changing preferences,” said Jon Sundberg, director of digital solutions at J.D. Power. “However, manufacturers have shown to be very agile when it comes to website design and ensuring their sites meet modern standards, more so than many other industries, as exemplified through the study data.” Marketing/Advertising Alfa Romeo Audi BMW Ford Volkswagen