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Message: <blockquote data-quote="sweeney" data-source="post: 373418" data-attributes="member: 453">True to a point. As long as the tune doesn’t affect the emissions of the vehicle, which they usually do. I don’t agree with it personally. Mercury sent out this service bulletin citing the epa fine. Mercury Marine is aware that, in order to change engine performance, individuals and businesses have modified the engine control modules (ECM) for Mercury engines. These modifications are not authorized by Mercury Marine. Mercury Marine engines are extensively tested to meet emission regulations and ensure long term performance, reliability, and durability objectives. Modifying or replacing the ECM with unauthorized parts or untested, unverified calibrations will change the engine’s emissions reliability and durability performance in ways that cannot possibly be understood by those offering such services. ECMs should not be recalibrated by anyone, unless authorized to do so by Mercury Marine. Authorized Dealers should report all known circumstances of ECM recalibration to Mercury.US EPA Rules: The U.S. Environmental Protection Agency rules prohibit tampering with an engine including the unauthorized modification or replacement of the ECM with an unauthorized part. A dealer found to have tampered with the ECM of any certified engine could face a fine of over $40,000 or an owner could be fined over $4,000 per engine by the United States EPA.Copyright Violations: Modifying an ECM also typically infringes Mercury’s copyright‐ protected software code and circumvents the technological measures that Mercury put in place to protect its copyright protected software code. Anyone found to have infringed Mercury’s copyrights could be liable for statutory damages up to $30,000 per work, and up to $150,000 per work for willful violations. Anyone found to have violated anti‐circumvention laws could be liable for civil statutory damages up to $2500 per violation, and for criminal penalties up to $500,000 and five years’ imprisonment for a first offense. Repeat offenders may be fined up to $1,000,000 and subject to ten years’ imprisonment. Other countries may have similar penalties.”</blockquote>

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