- Toyota told Inside Line on Friday it has agreed on details about how to turn over its top-secret source code to its legal adversaries in the multidistrict litigation over sudden acceleration.
- The source code, which is called the automaker's "crown jewels," may provide evidence that defects in the electronic throttle-control system caused sudden acceleration in Toyota vehicles, according to plaintiffs' lawyers.
- The impasse came over how to keep the source code secure during examination. Among the James Bond-style security measures in place are iris scans required for entry into a secure room in a neutral facility, according to The National Law Journal.
SANTA ANA, California — Toyota told Inside Line on Friday it has agreed on details about how to turn over its source code to its legal adversaries in the multidistrict litigation over sudden acceleration.
The source code, which is called the automaker's "crown jewels," may provide evidence that defects in the electronic throttle-control system caused sudden acceleration in Toyota vehicles, according to plaintiffs' lawyers.
The impasse came over how to keep the source code secure during examination. Among the James Bond-style security measures in place are iris scans required for entry into a secure room in a neutral facility, according to The National Law Journal. It also said that "engineers are required to print documents on numbered paper containing radio-frequency tags."
The final agreement was submitted under seal to U.S. District Court here and neither plaintiffs nor Toyota can discuss the details by order of the court.
But Celeste Migliore, a Toyota spokesperson, provided the following e-mailed statement to Inside Line: "Toyota is pleased to have reached an agreement on a source code protective order that ensures the security and strict confidentiality of this invaluable intellectual property. Even after more than a year of litigation, plaintiffs' counsel have still offered no credible scientific theory or even a description of an alleged defect in Toyota's electronic throttle control system, and we are confident the evidence will show that no such defect exits. We hope the source code review will proceed expeditiously so this case can move to trial as soon as possible and we look forward to defending ourselves vigorously in court at this time."
The U.S. government on February 8 said it found no evidence that Toyota's electronic throttle control systems are at fault for unintended acceleration. Toyota recalled upward of 10 million vehicles due to defective gas pedals and floor mats attributed to sudden acceleration and paid $48.8 million in civil penalties to the federal government.
The next action in the lawsuit is expected on or before April 21, when the so-called "bellwether" or representative cases bound for trial are named. In a March 2 order, U.S. District Judge James V. Selna wrote that he expects "one of the first two trials will involve a [Toyota] Camry and Toyota's [electronic throttle control] system."
Inside Line says: The impasse over the source code was a major hang-up in this case in the last few weeks. Now we should start to see more action. — Anita Lienert, Correspondent
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arthorwright says:
05:09 PM, 04/04/2011
Toyota was finded for delaying notification, beyond the allowed time limit, to authorities about the problems with mats and malfuntioning pedals.
arthorwright says:
05:03 PM, 04/04/2011
You've got to be kidding me! This secrecy thing with the source code smells rotton to me, as though Toyota is more concerned with hiding the truth than code. Automakers don't need to steal Toyota's source code.
laibach says:
04:52 AM, 04/04/2011
One might assume the pedal dance required for manual shifting could invite more mistakes etc. at parking lot speeds, which is where the bulk of these sudden-accel incidents take place. At the very least, it could invite more floor mat shifting.
However, I bet you're right about automatic trans. It does mentally disengage the driver, and ultimately that's the problem: inattentiveness.
openeyes1 says:
08:03 PM, 04/03/2011
Actually, America is the world's biggest market for juice drives, in other countries the stick is king. This may explain why these transmission issue's, are mostly an American problem.
laibach says:
05:49 PM, 04/03/2011
America coined the term "sudden unintended acceleration" because it's a conspicuously American phenomenon despite worldwide use of the same vehicles. It's true now, and it was true in the 1980s with Audi. We're not the world's greatest drivers, but we're easily the greatest complainers and litigators.
tbone85 says:
04:27 PM, 04/03/2011
Due to the 90s experience, Audi altered the gap between the accelerator and brake to more closely resemble other manufacturers. I'll be shocked if there aren't some subtle human engineering improvements that can be made as a result of these charges. Yes, the bulk of these will be found to be human error. That doesn't mean there aren't some real world improvements that can be made to reduce the concentration of reports within a brand.
openeyes1 says:
01:13 PM, 04/03/2011
While I do agree, that there can be driver error involved in some of these traffic incidents, I do not believe that its the case in all of them.
As for floor mats. I've experienced the creeping floor mat effect in my 88 Mazda 626, the no anchor design mat got stuck under the gas pedal, which I was able tug away while driving on the road. It can be successfully argued that the public has to take some responsibility to make sure that their floor mats are in the right position "before" starting the car. It also helps if anchor mat pins are installed in all cars today, like those found in my used Saab 5-door.
As for Toyota, I don't trust them in being forthcoming about the failures of their electric throttle systems, anymore than I trust Tokyo Electric about telling the truth about their power plants. The US Government was not given all the information about Toyota's problems and therefore made an incomplete decision, in my opinion.
laibach says:
05:03 AM, 04/03/2011
Here are NHTSA's Toyota findings:
* ELECTRONICS: No problems.
* STICKY PEDALS: Agency received a single complaint that seemed authentic. Others are maybes.
* FLOOR MATS: Improper use of rubber ones caused two fatal crashes since the year 2000, including the high-profile Saylor crash in California (the 911 call).
* DRIVER ERROR: Is the primary cause of sudden-acceleration, as it was in the 1980s with Audi.
* CONSUMER COMPLAINT PATTERNS: Show only a reaction to headlines, not to "in-field failures."
In other words, we're wasting our time.
Here's the government report: http://www.nhtsa.gov/staticfiles/nvs/pdf/NHTSA-UA_report.pdf
cz_75 says:
11:25 PM, 04/02/2011
Source code to software that makes their boring cars that perform in a mediocre fashion? They'd do themselves a favor by making it public domain so all the other auto makers adopt it too.
julianb says:
04:00 PM, 04/02/2011
Why is Toyota dodging a bullet they've already been hit with???