BMW feature lockout scandal: Difference between revisions

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==Background==

Modern automotive manufacturers are increasingly using software and subscription models to control features within their vehicles.<ref name=":0" /><ref name=":1" /> This approach differs significantly from older consumer protection issues which focused on unsafe products or misleading advertising. BMW's adaptive suspension model is one example of how companies are shifting towards business practices that limit a consumer's [[Right to own|right to ownership]].<ref name=":1" />

Modern automotive manufacturers are increasingly using software and subscription models to control features within their vehicles.<ref name=":0" /><ref name=":1" /> This approach differs significantly from older consumer protection issues, which focused on unsafe products or misleading advertising. BMW's adaptive suspension model is one example of how companies are shifting towards business practices that limit a consumer's [[Right to own|right to ownership]].<ref name=":1" />

==Adaptive Suspension as a Service==

BMW includes the hardware for its M adaptive suspension in many of its vehicles, but the customer must pay extra to activate the software that enables the feature.<ref name=":0" /> The way this is offered is as follows:<ref name=":0" />

*It is available as a factory option

*It is available as a factory option.

*It can be added to certain cars that weren't optioned that way originally via the 'connected drive store' in the car

*It can be added to certain cars that weren't optioned that way originally via the 'connected drive store' in the car.

*It is available as a monthly or yearly subscription

*It is available as a monthly or yearly subscription.

*It can be bought outright for a one time charge of $500

*It can be bought outright for a one-time charge of $500.

This means that even though a consumer has physically purchased the car with the suspension components, they do not have ~~full~~ control or use of those components without paying an additional fee.<ref name=":0" /> The cost of the equipment was already included in the price ~~of the vehicle~~, meaning ~~that~~ the customer is effectively paying twice for the same components.<ref name=":0">

This means that even though a consumer has physically purchased the car with the suspension components, they do not have complete control or use of those components without paying an additional fee.<ref name=":0" /> The cost of the equipment was already included in the vehicle's price, meaning the customer is effectively paying twice for the same components.<ref name=":0">

{{cite web

|first=James

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|archive-date=2 Feb 2025

|access-date=19 Feb 2025

}}</ref>This is a shift from traditional ownership models where ~~the consumer has~~ full access to the functionality of purchased goods.

}}</ref>This represents a shift from traditional ownership models, where consumers have full access to the functionality of purchased goods.

This business model alters the definition of "purchase" and "own.” The consumer does not have complete control over the purchased item, as the manufacturer can effectively disable or restrict functionality through software. This raises questions about what it means to own a product, if the manufacturer retains control over key features.

This business model alters the definition of "purchase" and "own.” The consumer does not have complete control over the purchased item, as the manufacturer can effectively disable or restrict functionality through software. This raises questions about what it means to own a product if the manufacturer retains control over key features.

This practice is not an isolated incident. BMW has previously implemented similar business practices such as charging a subscription fee for access to heated seats, despite the hardware being installed in the vehicle.<ref name=":1">

This practice is not an isolated incident. BMW has previously implemented similar business practices, such as charging a subscription fee for access to heated seats, despite the hardware being installed in the vehicle.<ref name=":1">

{{cite web

|first=Andrew J.

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|archive-date=29 Jan 2025

|access-date=19 Feb 2025

}}</ref> This demonstrates a pattern of behaviour that ~~uses~~ software to ~~limit~~ a consumer's access to features ~~that~~ they have already paid for.<ref name=":0" /><ref name=":1" />

}}</ref> This demonstrates a pattern of behaviour that utilizes software to restrict a consumer's access to features they have already paid for.<ref name=":0" /><ref name=":1" />

===Impact on consumers===

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*'''Erosion of Ownership''': The way that BMW offers this feature alters the definition of ownership, as the consumer does not have full control over the functionality of their vehicle, despite having already purchased the components that enable the adaptive suspension.<ref name=":0" /><ref name=":1" />

*'''Exploitation of Legal Loopholes''': This practice is not explicitly illegal but exploits legal loopholes and relies on complexity to prevent resistance, which is a common feature of many new forms of consumer exploitation.

*'''Removal of the right to say no''': By including the hardware for the adaptive suspension in the vehicles, BMW is effectively ~~removing~~ the right ~~of the consumer~~ to refuse the sale or to own a product outright without ~~needing to interact~~ with the manufacturer.<ref name=":0" />

*'''Removal of the right to say no''': By including the hardware for the adaptive suspension in the vehicles, BMW effectively removes the consumer's right to refuse the sale or own a product outright without interacting with the manufacturer.<ref name=":0" />

*'''Difficult to Understand and Resist''': The way in which BMW offers its adaptive suspension, with the option of a subscription or one time payment, is designed to be complex, creating a level of 'fatigue' that makes it harder for consumers to resist.<ref name=":0" />

*'''Difficult to Understand and Resist''': The way in which BMW offers its adaptive suspension, with the option of a subscription or one-time payment, is designed to be complex, creating a level of 'fatigue' that makes it harder for consumers to resist.<ref name=":0" />

@@ Line 4: / Line 4: @@
 ==Background==
-Modern automotive manufacturers are increasingly using software and subscription models to control features within their vehicles.<ref name=":0" /><ref name=":1" /> This approach differs significantly from older consumer protection issues which focused on unsafe products or misleading advertising. BMW's adaptive suspension model is one example of how companies are shifting towards business practices that limit a consumer's [[Right to own|right to ownership]].<ref name=":1" />
+Modern automotive manufacturers are increasingly using software and subscription models to control features within their vehicles.<ref name=":0" /><ref name=":1" /> This approach differs significantly from older consumer protection issues, which focused on unsafe products or misleading advertising. BMW's adaptive suspension model is one example of how companies are shifting towards business practices that limit a consumer's [[Right to own|right to ownership]].<ref name=":1" />
 ==Adaptive Suspension as a Service==
 BMW includes the hardware for its M adaptive suspension in many of its vehicles, but the customer must pay extra to activate the software that enables the feature.<ref name=":0" /> The way this is offered is as follows:<ref name=":0" />
-*It is available as a factory option
+*It is available as a factory option.
-*It can be added to certain cars that weren't optioned that way originally via the 'connected drive store' in the car
+*It can be added to certain cars that weren't optioned that way originally via the 'connected drive store' in the car.
-*It is available as a monthly or yearly subscription
+*It is available as a monthly or yearly subscription.
-*It can be bought outright for a one time charge of $500
+*It can be bought outright for a one-time charge of $500.
-This means that even though a consumer has physically purchased the car with the suspension components, they do not have full control or use of those components without paying an additional fee.<ref name=":0" /> The cost of the equipment was already included in the price of the vehicle, meaning that the customer is effectively paying twice for the same components.<ref name=":0">
+This means that even though a consumer has physically purchased the car with the suspension components, they do not have complete control or use of those components without paying an additional fee.<ref name=":0" /> The cost of the equipment was already included in the vehicle's price, meaning the customer is effectively paying twice for the same components.<ref name=":0">
 {{cite web
 |first=James
@@ Line 26: / Line 26: @@
 |archive-date=2 Feb 2025
 |access-date=19 Feb 2025
-}}</ref>This is a shift from traditional ownership models where the consumer has full access to the functionality of purchased goods.
+}}</ref>This represents a shift from traditional ownership models, where consumers have full access to the functionality of purchased goods.
-This business model alters the definition of "purchase" and "own.” The consumer does not have complete control over the purchased item, as the manufacturer can effectively disable or restrict functionality through software. This raises questions about what it means to own a product, if the manufacturer retains control over key features.
+This business model alters the definition of "purchase" and "own.” The consumer does not have complete control over the purchased item, as the manufacturer can effectively disable or restrict functionality through software. This raises questions about what it means to own a product if the manufacturer retains control over key features.
-This practice is not an isolated incident. BMW has previously implemented similar business practices such as charging a subscription fee for access to heated seats, despite the hardware being installed in the vehicle.<ref name=":1">
+This practice is not an isolated incident. BMW has previously implemented similar business practices, such as charging a subscription fee for access to heated seats, despite the hardware being installed in the vehicle.<ref name=":1">
 {{cite web
 |first=Andrew J.
@@ Line 42: / Line 42: @@
 |archive-date=29 Jan 2025
 |access-date=19 Feb 2025
-}}</ref> This demonstrates a pattern of behaviour that uses software to limit a consumer's access to features that they have already paid for.<ref name=":0" /><ref name=":1" />
+}}</ref> This demonstrates a pattern of behaviour that utilizes software to restrict a consumer's access to features they have already paid for.<ref name=":0" /><ref name=":1" />
 ===Impact on consumers===
@@ Line 51: / Line 51: @@
 *'''Erosion of Ownership''': The way that BMW offers this feature alters the definition of ownership, as the consumer does not have full control over the functionality of their vehicle, despite having already purchased the components that enable the adaptive suspension.<ref name=":0" /><ref name=":1" />
 *'''Exploitation of Legal Loopholes''': This practice is not explicitly illegal but exploits legal loopholes and relies on complexity to prevent resistance, which is a common feature of many new forms of consumer exploitation.
-*'''Removal of the right to say no''': By including the hardware for the adaptive suspension in the vehicles, BMW is effectively removing the right of the consumer to refuse the sale or to own a product outright without needing to interact with the manufacturer.<ref name=":0" />
+*'''Removal of the right to say no''': By including the hardware for the adaptive suspension in the vehicles, BMW effectively removes the consumer's right to refuse the sale or own a product outright without interacting with the manufacturer.<ref name=":0" />
-*'''Difficult to Understand and Resist''': The way in which BMW offers its adaptive suspension, with the option of a subscription or one time payment, is designed to be complex, creating a level of 'fatigue' that makes it harder for consumers to resist.<ref name=":0" />
+*'''Difficult to Understand and Resist''': The way in which BMW offers its adaptive suspension, with the option of a subscription or one-time payment, is designed to be complex, creating a level of 'fatigue' that makes it harder for consumers to resist.<ref name=":0" />