I wrote this in reply to another thread in the general forum, but snipped it and decided to post it here. This more my ramblings and miscellaneous thoughts than anything. The thread was asking about Cobb and Ecutek maps and ROMs.
I don't think this project has any business distributing copied ROMs from Cobb OTS flashed maps, or the actual data maps by themselves. They did and do continue to produce the actual data found in these maps, even if they do not own the format. Consider if I produce a novel and save it in Word document format, I own the IP of the novel, even if I don't own the Word document format.
However, I see no reason why someone could not use Street Tuner, Protuner, whatever, as an aid and tool in reverse engineering the ROM data definition. I.e. Flash to a stage 1 map, download, change one parameter, flash, download again, and compare. You now know the parameter location. The ROM data definition is strictly Subaru IP and no one but Subaru has any ground to stand on to try to protect it. Unintended use in itself is not illegal, as long it is not otherwise illegal. (you can use a gun to punch a hole in a can, but not rob a grocery store)
Ecutek:
Without specific information on what they claim to be their IP, and considering the tune is performed for a consulting fee by the tuner, not Ecutek, I don't see a problem copying an ECUtek MAP, but not full ROM image.
If the tuner wants the customer to sign an agreement that the IP of the tune itself is owned by the tuner, then I can see legal protection from distribution. But without an agreement, I consider it a consulting service, paid by the hour at a high rate ($100+/hr), and ownership, use, and storage of the tune is retained by the customer who paid for the tune. Same goes for a Protune. The method and tool used is irrelevent!
The Ecutek License itself, which we know little about, should not be circumvented, IMHO. I'd really hate to see Ecutek having to release blacklists of license serial numbers to tuners and such. Again, we really have no idea (yet) how this works. If it really comes down to it, Ecutek cannot bully anyone without specifically stating what infringement is occuring. Ecutek cannot claim full ownership of the format and data stored in their ROM flashes. I don't need to take a close look to realize their flashes are still a majority of Subaru spec data. At worst, I see Ecutek data being legally "tradable" as long as their license data, or any data or programming they are solely responsible for is blocked out. But the actual data? I say have at it.
I do believe Ecutek provides basemaps for their tuners to start with. As with Cobb OTS maps, I don't think event those maps should be distributed to those who did not pay for them.
I don't know precisely what they do, but if you were to copy a Cobb map to several cars, it may leave your AP married to all of those cars. Or maybe they store a code in the AP hardware that represents a non-writable, unique field on the ECU. Is there some sort of ECU serial number? I think doing this is certainly circumnavigating a copy protection scheme, which is illegal under the DMCA in the US. Cobb's copy protection is their own device, not owned by Subaru, and they certainly have the right to enforce it.
So the short of it:
Should not be done:
Bypassing copy protection schemes Cobb and Ecutek have created.
Concurrently, copying their entire ROM may defeat their copy protection, and I highly suggest that distribution of full ROMs of this nature be avoided at least for the time being.
Have at it:
Distribute data maps that you have paid a consultant to create for you, stored in a format that is open source or Subaru owned. I.e. screenshots of Enguinity, or if eventually created, an open source map file.
Needs to be investigated:
What do Cobb and Ecutek do to protect their work, so pirating it can be avoided.
What I'd like to see from Cobb and Ecutek:
Information on if copying full maps would defeat their copy protection or not, and if so, what information or memory addresses could be blocked out to avoid this. Then concurrently, some compliance by this community to build this avoidance into the tools.
Couple of other points:
Enforcability. Cobb and Ecutek cannot selectively attack a member of this community while simultaneously ignoring one another. Subaru and/or Denso or whatever ECU manufacturer owns almost entirely the IP that could ever come into question.
Cobb and Ecutek are doomed in the end, IMHO. I see no reason why anyone who pay $600-850 for a license that is completely unnecessary in leu of open source tools which do precisely the same thing. Cobb will still have map switching, Ecutek may still have launch control, but I think these features will be discovered legitimately by the community here. I highly suspect the Cobb "real time" map switching it little more than writing the learned volatile RAM map, and Ecutek's LC is inherent in the Subaru ECU somehow.
I think it is important that their entire ROM images not be shared so that these features can be discovered legitimately.
I'd much rather see the community come up with truly open source maps rather than steal Cobb or Ecutek's work. This is a great project with lots of potential. Let's not mar it by stealing the parts they truly DID create.