alt Hacker News> Sounds to me they're saying they don't have this already, but why is this investigation happening in the first place then?
They probably have tons of data and testimony from witnesses who use the product illegally. You can find hundreds of threads online of people telling you how to defeat emissions controls using their products.
The case prosecutors want to make is that EZ Lynk knowingly enables this behavior. If they can show that the majority of users are committing crimes with the app, that's a much stronger case than just rounding up a handful of witnesses.
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> EZ Lynk knowingly enables this behavior.
idk, knife makers are knowingly enabling knife attacks. If there's at least one EZLynk customer who isn't breaking a law then it seems to me the company is in the clear. I would use a gun analogy but, in the US, guns have constitutional protection.
> The case prosecutors want to make is that EZ Lynk knowingly enables this behavior.
We have decades of legal precedent saying that the makers of products with substantial legal uses should not be held responsible for the illegal actions of some of their customers.
Most recently, we have the Supreme Court ruling that ISPs are not liable for customers who use their internet connection for copyright infringement.
Then they don’t need to unmask users to get testimony, right?
> If they can show that the majority of users are committing crimes with the app, that's a much stronger case than just rounding up a handful of witnesses.
I still don't understand why this should even be relevant in cases like this. The thing is basically a generic OBD dongle, right? The same thing every DIY and shade tree mechanic uses to read codes and run service procedures.
Suppose 20,000 people buy it and use it for defeating emissions. Some other number of people buy it for the normal thing. Why does it matter at all whether the other number is 50 or 50 million? Those are the people who aren't relevant. Should the OEM be in trouble if some unrelated third party happens to write the emissions defeat code to require their dongle in particular so they have a high proportion of customers using it for that? Should they get away with promoting it for that if they're a huge company with lots of sales to people not using it for that? None of that should matter. The seller doesn't even control what the users are doing with it, nor should they.
If there is a law against advertising it for defeating emissions then prosecute them for the advertising. That's their crime, what the customers do is third party action.