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mostlysignssomeportents · 2 months ago

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Cars bricked by bankrupt EV company will stay bricked

On OCTOBER 23 at 7PM, I'll be in DECATUR, presenting my novel THE BEZZLE at EAGLE EYE BOOKS.

There are few phrases in the modern lexicon more accursed than "software-based car," and yet, this is how the failed EV maker Fisker billed its products, which retailed for $40-70k in the few short years before the company collapsed, shut down its servers, and degraded all those "software-based cars":

https://insideevs.com/news/723669/fisker-inc-bankruptcy-chapter-11-official/

Fisker billed itself as a "capital light" manufacturer, meaning that it didn't particularly make anything – rather, it "designed" cars that other companies built, allowing Fisker to focus on "experience," which is where the "software-based car" comes in. Virtually every subsystem in a Fisker car needs (or rather, needed) to periodically connect with its servers, either for regular operations or diagnostics and repair, creating frequent problems with brakes, airbags, shifting, battery management, locking and unlocking the doors:

https://www.businessinsider.com/fisker-owners-worry-about-vehicles-working-bankruptcy-2024-4

Since Fisker's bankruptcy, people with even minor problems with their Fisker EVs have found themselves owning expensive, inert lumps of conflict minerals and auto-loan debt; as one Fisker owner described it, "It's literally a lawn ornament right now":

https://www.businessinsider.com/fisker-owners-describe-chaos-to-keep-cars-running-after-bankruptcy-2024-7

This is, in many ways, typical Internet-of-Shit nonsense, but it's compounded by Fisker's capital light, all-outsource model, which led to extremely unreliable vehicles that have been plagued by recalls. The bankrupt company has proposed that vehicle owners should have to pay cash for these recalls, in order to reserve the company's capital for its creditors – a plan that is clearly illegal:

https://www.veritaglobal.net/fisker/document/2411390241007000000000005

This isn't even the first time Fisker has done this! Ten years ago, founder Henrik Fisker started another EV company called Fisker Automotive, which went bankrupt in 2014, leaving the company's "Karma" (no, really) long-range EVs (which were unreliable and prone to bursting into flames) in limbo:

https://en.wikipedia.org/wiki/Fisker_Karma

Which raises the question: why did investors reward Fisker's initial incompetence by piling in for a second attempt? I think the answer lies in the very factor that has made Fisker's failure so hard on its customers: the "software-based car." Investors love the sound of a "software-based car" because they understand that a gadget that is connected to the cloud is ripe for rent-extraction, because with software comes a bundle of "IP rights" that let the company control its customers, critics and competitors:

https://locusmag.com/2020/09/cory-doctorow-ip/

A "software-based car" gets to mobilize the state to enforce its "IP," which allows it to force its customers to use authorized mechanics (who can, in turn, be price-gouged for licensing and diagnostic tools). "IP" can be used to shut down manufacturers of third party parts. "IP" allows manufacturers to revoke features that came with your car and charge you a monthly subscription fee for them. All sorts of features can be sold as downloadable content, and clawed back when title to the car changes hands, so that the new owners have to buy them again. "Software based cars" are easier to repo, making them perfect for the subprime auto-lending industry. And of course, "software-based cars" can gather much more surveillance data on drivers, which can be sold to sleazy, unregulated data-brokers:

https://pluralistic.net/2023/07/24/rent-to-pwn/#kitt-is-a-demon

Unsurprisingly, there's a large number of Fisker cars that never sold, which the bankruptcy estate is seeking a buyer for. For a minute there, it looked like they'd found one: American Lease, which was looking to acquire the deadstock Fiskers for use as leased fleet cars. But now that deal seems dead, because no one can figure out how to restart Fisker's servers, and these vehicles are bricks without server access:

https://techcrunch.com/2024/10/08/fisker-bankruptcy-hits-major-speed-bump-as-fleet-sale-is-now-in-question/

It's hard to say why the company's servers are so intransigent, but there's a clue in the chaotic way that the company wound down its affairs. The company's final days sound like a scene from the last days of the German Democratic Republic, with apparats from the failing state charging about in chaos, without any plans for keeping things running:

https://www.washingtonpost.com/opinions/2023/03/07/east-germany-stasi-surveillance-documents/

As it imploded, Fisker cycled through a string of Chief Financial officers, losing track of millions of dollars at a time:

https://techcrunch.com/2024/05/31/fisker-collapse-investigation-ev-ocean-suv-henrik-geeta/

When Fisker's landlord regained possession of its HQ, they found "complete disarray," including improperly stored drums of toxic waste:

https://techcrunch.com/2024/10/05/fiskers-hq-abandoned-in-complete-disarray-with-apparent-hazardous-waste-clay-models-left-behind/

And while Fisker's implosion is particularly messy, the fact that it landed in bankruptcy is entirely unexceptional. Most businesses fail (eventually) and most startups fail (quickly). Despite this, businesses – even those in heavily regulated sectors like automotive regulation – are allowed to design products and undertake operations that are not designed to outlast the (likely short-lived) company.

After the 2008 crisis and the collapse of financial institutions like Lehman Brothers, finance regulators acquired a renewed interest in succession planning. Lehman consisted of over 6,000 separate corporate entities, each one representing a bid to evade regulation and/or taxation. Unwinding that complex hairball took years, during which the entities that entrusted Lehman with their funds – pensions, charitable institutions, etc – were unable to access their money.

To avoid repeats of this catastrophe, regulators began to insist that banks produce "living wills" – plans for unwinding their affairs in the event of catastrophe. They had to undertake "stress tests" that simulated a wind-down as planned, both to make sure the plan worked and to estimate how long it would take to execute. Then banks were required to set aside sufficient capital to keep the lights on while the plan ran on.

This regulation has been indifferently enforced. Banks spent the intervening years insisting that they are capable of prudently self-regulating without all this interference, something they continue to insist upon even after the Silicon Valley Bank collapse:

https://pluralistic.net/2023/03/15/mon-dieu-les-guillotines/#ceci-nes-pas-une-bailout

The fact that the rules haven't been enforced tells us nothing about whether the rules would work if they were enforced. A string of high-profile bankruptcies of companies who had no succession plans and whose collapse stands to materially harm large numbers of people tells us that something has to be done about this.

Take 23andme, the creepy genomics company that enticed millions of people into sending them their genetic material (even if you aren't a 23andme customer, they probably have most of your genome, thanks to relatives who sent in cheek-swabs). 23andme is now bankrupt, and its bankruptcy estate is shopping for a buyer who'd like to commercially exploit all that juicy genetic data, even if that is to the detriment of the people it came from. What's more, the bankruptcy estate is refusing to destroy samples from people who want to opt out of this future sale:

https://bourniquelaw.com/2024/10/09/data-23-and-me/

On a smaller scale, there's Juicebox, a company that makes EV chargers, who are exiting the North American market and shutting down their servers, killing the advanced functionality that customers paid extra for when they chose a Juicebox product:

https://www.theverge.com/2024/10/2/24260316/juicebox-ev-chargers-enel-x-way-closing-discontinued-app

I actually owned a Juicebox, which ultimately caught fire and melted down, either due to a manufacturing defect or to the criminal ineptitude of Treeium, the worst solar installers in Southern California (or both):

https://pluralistic.net/2024/01/27/here-comes-the-sun-king/#sign-here

Projects like Juice Rescue are trying to reverse-engineer the Juicebox server infrastructure and build an alternative:

https://juice-rescue.org/

This would be much simpler if Juicebox's manufacturer, Enel X Way, had been required to file a living will that explained how its customers would go on enjoying their property when and if the company discontinued support, exited the market, or went bankrupt.

That might be a big lift for every little tech startup (though it would be superior than trying to get justice after the company fails). But in regulated sectors like automotive manufacture or genomic analysis, a regulation that says, "Either design your products and services to fail safely, or escrow enough cash to keep the lights on for the duration of an orderly wind-down in the event that you shut down" would be perfectly reasonable. Companies could make "software based cars" but the more "software based" the car was, the more funds they'd have to escrow to transition their servers when they shut down (and the lest capital they'd have to build the car).

Such a rule should be in addition to more muscular rules simply banning the most abusive practices, like the Oregon state Right to Repair bill, which bans the "parts pairing" that makes repairing a Fisker car so onerous:

https://www.theverge.com/2024/3/27/24097042/right-to-repair-law-oregon-sb1596-parts-pairing-tina-kotek-signed

Or the Illinois state biometric privacy law, which strictly limits the use of the kind of genomic data that 23andme collected:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004

Failing to take action on these abusive practices is dangerous – and not just to the people who get burned by them. Every time a genomics research project turns into a privacy nightmare, that salts the earth for future medical research, making it much harder to conduct population-scale research, which can be carried out in privacy-preserving ways, and which pays huge scientific dividends that we all benefit from:

https://pluralistic.net/2022/10/01/the-palantir-will-see-you-now/#public-private-partnership

Just as Fisker's outrageous ripoff will make life harder for good cleantech companies:

https://pluralistic.net/2024/06/26/unplanned-obsolescence/#better-micetraps

If people are convinced that new, climate-friendly tech is a cesspool of grift and extraction, it will punish those firms that are making routine, breathtaking, exciting (and extremely vital) breakthroughs:

https://www.euronews.com/green/2024/10/08/norways-national-football-stadium-has-the-worlds-largest-vertical-solar-roof-how-does-it-w

Tor Books as just published two new, free LITTLE BROTHER stories: VIGILANT, about creepy surveillance in distance education; and SPILL, about oil pipelines and indigenous landback.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/10/10/software-based-car/#based

#pluralistic #enshittification #evs #automotive #bricked #fisker #ocean #cleantech #iot #internet of shit #autoenshittification

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tacticaldiary · 1 year ago

Note

Reader joining 141 for a mission and Simon is not having it and is pissed at price for calling them and all of the other guys are confused about why ghost is so upset till they find out reader is his wife after the mission

Maybe reader got hurt and ghost goes off on price

The Price Of A Secret

Pairing: Simon 'Ghost' Riley x Reader

Genre: Hurt/Comfort

"People get injured on the job, Ghost." Gaz tries to defuse the situation. "She's alive-"

"This is different." He grits out.

"And why's that?"

"Because that's my wife!" He hisses, slamming his fist onto the table. It strikes them harder than if he were to have yelled it at them.

A/N: It's 2:45am and I have no energy to proofread caution advised-

Masterlist

The moment the picture of the intelligence officer joining them flashes on the screen, Ghost puts his foot down.

"She's not coming."

Everyone in the room pauses, Price staring at Ghost mid sentence. It's the usual 141, and then it's her. Sitting there with a mildly frustrated look, refusing to look at him because she should have known he'd try to pull some shit like this.

"Why not?" Price folds his arm, narrowing his eyes. "Is there an issue, Lieutenant?"

She was supposed to work from the inside, drawing out data and cracking through defences that they then passed on to people like the 141. An integral part of the process of running the whole task force, but not once was she involved in hands-on field work.

It's not that she's incompetent. No, not at all. Ghost would have his head bit off if he even remotely implied that because it simply isn't true. She got the top scores in almost every part of her training exercises, and yet she chose the intelligence part of the military to serve in. His wife was as competent as they got.

His wife.

"This is a covert operation, the fewer people the better." That's what he goes with. Not because his heart picks up at the thought of her being anywhere near what they deal with every day.

"I won't have the range I need to retrieve the data from their servers if I'm not close to them." She speaks up, and their eyes meet from across the room.

His determined, hers resolute.

Sometimes he really hated that she was so fucking stubborn. It had been the same stubbornness that cracked down the iron grip he'd had on the walls in his mind and around his heart, but if that stubbornness was what got her killed Simon would give up this joy in a heartbeat.

He'd do it for her if it meant she kept on living.

"This isn't up for discussion, Ghost." Price states, "She's part of this operation on my authority."

"Price-"

"End of discussion. You settle whatever you have going on outside this room." And fuck, he can't refute a direct order like that, can he?

Ghost sees her release a long exhale, and he knows he won't share such a relief until this damn operation was over and done with.

· · ─────── ·𖥸· ─────── · ·

Her body is so limp it scares the ever-loving shit out of him.

Ghost grips her so tight it's as if he himself is the only thing tethering her soul to her body, boots thumping hard against the muddy ground as they retreat back to their extraction point, data successfully retrieved.

Successfully, not smoothly.

The plan was simple. They'd flank the building while she camped out near the edge of the woods, retrieving the intel they needed. A couple of fuckers slipped out of the building and went straight for her.

Ghost's stomach turns when he remembers how he found the scene. She wasn't answering through her comms, but he knew he wasn't able to leave his position until the building was secure.

Waiting felt like an eternity, he could feel Soap send troubled glances in his direction at the way Ghost was unusually silent and more brutal than.

When the building was finally secure, they'd gone to reunite with her position and found three men dead, bloody seeping into the ground in a crimson mess. The last one standing hovered over her unconscious form, over his wife with a knife raised ready to slit her thought.

The only thought Ghost had as he ripped the man away with his hands was that he was going to take the one good thing in his life away, and he would not let that happen. Not her. Not like this.

"Bleeding wound to the head, unconscious but still breathing!" Gaz called out while Ghost shoved the man's own knife into his throat. Tossing the gurgling body aside like a ragdoll, he's immediately by her side, assessing before carefully lifting her up in his arms.

It's the most emotion Ghost has ever expressed in front of the others, but he couldn't give a fuck about the looks or the questions right now. Her heartbeat against him settled him the slightest bit with the reassurance that she was alive.

Angry does not begin to describe what itches under Ghost's skin as they scramble into their exfil airship.

"Medic!" He barks the second they lift off. Setting her down, he brushes the bloody strands of her hair away from her face.

Despite the urge to stay by her side, the medic gingerly requests for him to take a step back so he could work. Ghost obliges but his eyes never leave her face.

He's painfully aware of his wedding ring pressing against his chest, strung onto a chain long enough to be tucked under his uniform. A matching one to her own.

Nobody speaks.

Perhaps they recognise the anger washing off of Ghost in waves, because if they'd just bloody listened to him, she wouldn't be laying there with a head wound.

The atmosphere is heavy and sombre. Even Soap keeps his mouth shut, too confused by the outward, uncharacteristic way Ghost was acting to make fun of it.

It's only when the medic announces she's stable that the suffocating knot in Ghost's chest loosens. There's audible relief from everyone in the place.

"Bloody hell." Price breathes, and something in Ghost snaps.

"I told you to dismiss her from the op." He says coldly, turning to the man.

"We got what we needed, son." He sighs, deep and tired, and part of Ghost understands that this was their life. But he's too worked up to care.

"At a fucking cost."

"People get injured on the job, Ghost." Gaz tries to defuse the situation. "She's alive, that's all that matters. Nothing permanent, yeah?" He glances at the medic, who confirms with a nod before slipping away.

"This is different." Ghost grits out.

"Why's that?"

"Because that's my wife!" He hisses, slamming his fist onto the metallic walls. It strikes them harder than if he were to have yelled it at them.

How long had it taken for Ghost-...no, for Simon to let someone crack open his defences until he was coaxed out and allowed himself to love again? Four years they've been married, and four years he's kept it a secret.

It's not that he doesn't trust his team. He trusts them with his life, would lay his own down for Johnny, Gaz, and Price any day.

But this? This was bigger than him, she was the most precious thing that had ever happened to him, and the safest way to preserve that was the keep it on a need-to-know basis.

She'd agreed with him, of course. In that soft, patient way she always has with him. She'd seen the paranoia in him, recognised that he needed this one thing for himself, and she'd been more than happy to oblige.

What was outside validation about her relationship worth when she got to crawl into his arms at the end of the day? Be granted the pleasure that comes with being loved by someone as protective, intelligent, and sharp as Simon Riley? She adores all of him, even the jagged pieces that cut into her from time to time, because he's always there to take care of her afterwards.

"She's my wife." He repeats quieter, sitting back down. Exhaustion lines the slope of his shoulder's dark circles well present under his mask.

"You're married." Soap is the first to speak, incredulously. "You? Ghost? You're married?" His eyes flicker down to Ghost's left hand, and then to Gaz and Price who look equally as surprised. "I mean, congratulations?" He trails off, knowing it's not really the situation to celebrate.

"Thanks." A tired, small voice has everyone's attention back onto the figure on the bed. Ghost is on his feet in moments, by her bedside. "It'll be five years in...what, a month?" She cracks an eye open, giving Simon a tired, smile.

"Two months." He corrects with a mutter, and Johnny looks like he might just collapse. "Sitrep?"

"We're not on the field anymore." She groans, pushing herself to sit up. Ghost's hands fly to her immediately, helping her sit up. At his blank, insistent stare, she relents with a deep sigh. "My head's killing me but other than that just a few scrapes and bruises." Her hand travels down to grab his at her shoulder, squeezing briefly.

"I'm alright." Her voice turns into something soft and reassuring, and it's only then that a quiet, shuddering breath comes out of Simon's lungs. "I think I'll sit to working from the inside though." She jokes weakly. "Leave the dirtier work to you brutes."

It lightens the mood as intended, eliciting a snort from Gaz. "Yes, ma'am."

He'd make sure she got checked out properly when they landed, but for now he takes his place sitting beside her. The others fall into a hushed conversation after a while, but he makes no move to join them.

A warm hand intertwines with his, hidden beneath the bulk of their combined gear.

"I'm alright, Simon." She mumbles, just loud enough for him to hear.

Simon squeezes her hand in response. "Fucking hell, love." He breathes.

And it's enough to convey everything he's thinking. Humming, she tips her head against his shoulder and lets her eyes slip shut. The warmth of his body, even through the tang of copper is enough of a familiar comfort to drain the tension from her body.

She's fast asleep against his shoulder a minute later, and the devil himself couldn't make Simon move lest he wake her now.

He wasn't a publicly affectionate person by any means...but he trusted his team enough for this right now.

Letting his own head press against the metal wall behind them, his eyes shift to meet Price's. A softer, knowing look from the Captain is all he needs to hook his chin over her head and turn his attention outside the small window.

And if he counts her breathing while she sleeps for his own peace of mind? Well, that's no one's business but his.

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(10/09/2023)

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