News: 0175221919

  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

Bankrupt Fisker Unable To Port EV Data, Risking Multi-Million Dollar Fleet Deal (techcrunch.com)

(Wednesday October 09, 2024 @11:30PM (BeauHD) from the thanks-for-the-heads-up dept.)


An anonymous reader quotes a report from TechCrunch:

> Fisker's [1]Chapter 11 bankruptcy has hit a major snag, as the company buying the startup's remaining fleet of electric SUVs says it might not complete the purchase because of a surprising technical issue. The buyer, a New York-area leasing company called American Lease, says in a new [2]filing that Fisker now believes there is [3]no way to transfer the information connected to each SUV to a new server not owned by the bankrupt EV startup. Since American Lease needs that information to operate the vehicles after Fisker is dissolved, the leasing company has filed an emergency objection to the startup's liquidation plan. Fisker was expected to have that plan confirmed in bankruptcy court as early as this Wednesday.

>

> American Lease has already handed over "tens of millions of dollars" after the purchase agreement of the 3,000-plus Ocean SUVs was approved in July. These funds have been crucial because Fisker was using them to pay for the bankruptcy process. Fisker needed that money to keep itself alive long enough to settle its debts and also prepare to liquidate what it says is around $1 billion in assets that were, until recently, under control of an Austrian subsidiary that was going through its own insolvency process. [...] American Lease says in its filing that Fisker first brought up the possibility that it wouldn't be able to transfer the information to a new server on Friday, October 4, at 8 p.m. ET. And it says that this week, Fisker informed American Lease that it won't be possible at all.

>

> "[American Lease] cannot overstate the significance of this unwelcome news, conveyed to it only after it has paid [Fisker] tens of millions of dollars under the Purchase Agreement," the leasing company's lawyers write in the filing. "It is unclear at the present time what, if anything, Debtor representatives have known about the impossibility or impracticability of implementing Porting of the Purchased Vehicles, and when they learned or otherwise knew of that critical information." American Lease is asking to delay Wednesday's hearing and be allowed to perform "expedited and targeted discovery" of Fisker and its representatives to find out more about when Fisker learned of this problem.



[1] https://tech.slashdot.org/story/24/06/18/1433220/ev-maker-fisker-files-for-bankruptcy

[2] https://www.veritaglobal.net/fisker/document/2411390241007000000000012

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



Impossible (Score:2)

by BigTurc ( 6492438 )

What could make it impossible in this day and age? Lost admin passwords?

Re: Impossible (Score:3)

by viperidaenz ( 2515578 )

Legal issues about who customer data can be transferred to?

Re: (Score:2)

by laughingskeptic ( 1004414 )

At this stage of a bankruptcy the only people left are the people writing checks to outside attorneys, even the CTO is gone ... so impossible.

drm locks and no funds to pay for an transfer lice (Score:3)

by Joe_Dragon ( 2206452 )

drm locks and no funds to pay for an transfer license?

Re: Impossible (Score:2)

by jddj ( 1085169 )

Oops with an EC2 bucket?

Re: Impossible (Score:2)

by itomato ( 91092 )

Hardcoded ARNs linked to Heinrikâ(TM)s personal Amazon acccount

Fisker factory (Score:3)

by ArchieBunker ( 132337 )

It's a total shit show. [1]https://jalopnik.com/fisker-le... [jalopnik.com]

[1] https://jalopnik.com/fisker-left-abandoned-headquarters-in-complete-disarra-1851666905

It is not impossible (Score:3)

by Baron_Yam ( 643147 )

DIFFICULT, perhaps, but if the original data remains accessible on the original server, then it can be copied, exported, converted, remapped, whatever.

It's just bits, not magic.

Re: (Score:2)

by fahrbot-bot ( 874524 )

Just guessing, but it's more likely a legal issue than technical.

Re:It is not impossible (Score:4)

by thegarbz ( 1787294 )

> Just guessing, but it's more likely a legal issue than technical.

Or an economic issue. We're literally talking about a bankrupt company. How many highly qualified IT staff that are capable of executing a migration of a fundamental system do you suppose they currently have on payroll? I will bet a Marsbar they went to some contractor and said "can you migrate this" and they got the answer back in return "WTF is this? Do you have someone who can explain it or show us documentation?" only to be told "Someone? You mean ... like a human? There's only lawyers left here bro."

One more time... (Score:3)

by MpVpRb ( 1423381 )

...the cloud is a trap. Run away!

It's fine to store backup data on the cloud, but the customer MUST own their data and have access to a local copy.

If the law does not already guarantee this, the law must be changed.

And there you have it (Score:2)

by quonset ( 4839537 )

Not even a company can buy a physical product because that product is locked behind a digital wall.

Re: And there you have it (Score:2)

by jddj ( 1085169 )

Mod parent up!

Technically or legally? (Score:5, Interesting)

by dgatwood ( 11270 )

One post speculated that American Lease isn't buying all of Fisker's technical assets, only the vehicles, meaning that they would end up getting more than they were paying for, including data on all of the other vehicles in Fisker's fleet, which presumably they don't want to inherit any responsibility for. Migrating only a subset of vehicles would require having a way to flash those specific vehicles with custom firmware, which would require pushing an update only to specific cars, which might require engineering effort involving staff that they no longer have.

If that's not the issue, then I'm wondering if the issue is technical — that they cannot transfer the data (e.g. because the servers were lost and there are no backups) — or legal (e.g. that the users' personal information cannot be transferred to a new company because of privacy laws, contractual terms, etc.). The former would be shocking, the latter not so much.

Worst comes to worst, one would reasonably assume the ability to simply hand over the physical servers as-is, along with root passwords, ownership of the domains, any signing keys, etc., and everything should keep working as it did before, just on a different network. But that only works if there aren't agreements in place or laws in place preventing such a transfer. And again, that largely depends on whether they're transferring control over everything (making this company the new Fisker, effectively) or only transferring the physical cars that the company is buying.

The other possibility is that this is some horror involving DNSSec and cars refusing to trust unsigned domains, or something similar, or needing to use a now-past-expiration signing key to sign some certificate, in which case CA rules may be problematic, or... basically at some point, I could easily see an extended period of company downtime resulting in a system becoming unserviceable without convincing a timestamping server to lie, at which point the only fix involves physically flashing the firmware in the main computer by unsoldering the flash parts, etc. I have no idea how far towards that sort of nightmare scenario they've gone.

So I'm going to be really curious to hear the "why" part of this story.

Re: (Score:2)

by sodul ( 833177 )

Having worked with 'good enough for today' software development shops, it is very much possible that the server is more than one server but rather a bunch of services across a bunch of poorly identified hosts where the 'discovery' mechanism is to hardcode ip addresses all over the place, potentially even in the source code itself. In a design like this you can't actually just move the server and start them in an other location, you would need to reproduce the networking environment, and if some of these har

Re: (Score:2)

by evanh ( 627108 )

It's certainly perplexing as to how it's so impossible with no explanation at all. And the article doesn't raise this point of no explanation either.

Lack of information.... (Score:2)

by FrankSchwab ( 675585 )

I'm going with "The private key for signing software updates for the vehicle disappeared in the chaos".

State-of-the-art security would have the private key on an unconnected computer; based on the stories being told, I have no problem believing that someone walked off with the computer ("The kids need a new one"), and it's likely been wiped and repurposed. When we had similar security, we used Shamir's Secret Sharing algorithm - the key was split into 5 parts, and any three parts were sufficient to sign.

I hope (Score:4, Funny)

by Valgrus Thunderaxe ( 8769977 )

I can still buy their scissors. They're really good.

Re: (Score:1)

by davidwr ( 791652 )

"I can still buy their scissors. They're really good." - and DRM-free!

"Wouldn't be possible"? What, within a deadline? (Score:2)

by Eunomion ( 8640039 )

How much data are we talking about, and what's the problem?

Rich Rebuilds (Score:3)

by JBMcB ( 73720 )

Rich Rebuilds on Youtube bought a Fisker for $10,000, or roughly 90% off. It wouldn't charge. Turns out the charge port was in fail-safe, and once resetting the fail safe it worked. Thing is, to reset it from fail safe, you had to disassemble the entire charge port assembly, pull the port out, remove a solenoid, and manually reset it. This wouldn't be so terrible, but you can trip the fail-safe manually by pulling a wire loop in the driver side door frame. Pulling that wire loop means an hour and a half of work to reset the charge port.

Also, from the factory, it included multiple software bugs like aggressive torque steering due to a drive power imbalance, multiple false alerts showing up on the dash more-or-less constantly, and the car randomly rolling backwards when letting go of the brake on flat ground.

Firmware update (Score:2)

by crow ( 16139 )

They need to update the firmware on the cars to point to a different server. They can probably just move the existing servers, but they would also need to acquire the Fisker domain (unless they hard-coded IP addresses, which would have been dumb but not inconceivable). Of course, the company probably no longer has any engineers who know how to update the firmware and point it at a new server, which is likely the key problem.

can an fake cell force DNS servers on DHCP? (Score:2)

by Joe_Dragon ( 2206452 )

can an fake cell force DNS servers on DHCP?

Just need to block cell use wifi and set your WIFI to use an DNS service with an host over ride?

Re: (Score:2)

by ArchieBunker ( 132337 )

According to Rich Rebuilds, the firmware can only be updated locally by a tech. It takes 5 hours and they can't jump versions. [1]https://www.youtube.com/watch?... [youtube.com]

[1] https://www.youtube.com/watch?v=WLGaAE4_RjQ

5 hours is it usb 1.1? (Score:2)

by Joe_Dragon ( 2206452 )

5 hours is it usb 1.1?

Re: (Score:2)

by omnichad ( 1198475 )

Even USB 1.1 can transfer 27 GB in 5 hours. How big is this firmware?

"Cloud software" (Score:1)

by hrafn42 ( 227947 )

This may be relevant:

> The plan also calls for the owners association to have a voice in the sale of Fisker’s intellectual property, which includes the designs and computer code that were necessary to build and operate the vehicles. The owners need long-term access to Fisker’s “cloud software,” which is crucial for sending over-the-air updates to the vehicle software that controls the Ocean.

https://www.latimes.com/business/story/2024-08-24/fisker-bankruptcy-ocean-car-owners-shareholder

There is no such thing as a problem without a gift for you in its hands.