Many users of Niu Technologies (NIU) electric scooters recently discovered that their vehicle startup sound had suddenly changed to an unfamiliar female voice, and their previously customized sound effects had vanished. They later learned that the change was made by the company itself as an "easter egg" to celebrate the birthday of brand ambassador Song Yuqi. However, the "easter egg" sparked widespread dissatisfaction among users, who felt the company was "self-indulgent" and questioned why marketing efforts and celebrity worship should affect their personal vehicles. Some asked who authorized the company to arbitrarily change the sound effects.
When asked about the issue, Niu Technologies customer service explained that the sound was set for the birthday of brand ambassador Song Yuqi and lasted only for September 23. They said it was the first time such a push had been made and that it had never been done before. Legal professionals pointed out that after smart hardware is delivered, ownership of the hardware belongs to the consumer. The manufacturer's remote technical control cannot override the user's right to consent and forcibly place marketing content on private devices. Remote changes to a user's device configuration interfere with the exercise of ownership.
In a video posted on September 23 on the social media account of a directly operated Niu Technologies store, staff said, "Today is the birthday of our brand ambassador Song Yuqi. Thank you for bringing such a surprise startup easter egg. May you always be happy and shine. Niu owners, go unlock your Niu and take a look." In the comments section below the video, most netizens disagreed. "That's Niu's business. You worship the star, what does that have to do with my vehicle? Why force it on my vehicle?" "It's baffling. What does her birthday have to do with me? Why change my vehicle?" "Niu official, stop being self-indulgent." Some consumers felt they had become victims, saying, "I paid for the vehicle, part of the money went to the ambassador, and now I even have to celebrate the ambassador's birthday." "It feels like someone changed the wallpaper on my phone."
Although Niu Technologies customer service said users could turn off the holiday sound effect, many users said they did not know how to disable it. On September 24, in the Douyin livestream of the Niu Technologies electric motorcycle official account, multiple netizens repeatedly asked about the startup sound change in the comments, saying, "Play that sound effect you forcibly changed for users and let everyone hear it," "Turn off Song Yuqi's vehicle system voice," "Fan circle electric vehicle." The livestream host and customer service did not respond to any of the comments.
On January 30 this year, Niu Technologies officially announced that mainland actor Wu Lei and idol Song Yuqi had become its global brand ambassadors, calling it the first time the company adopted a "dual ambassador" model. Public information shows that singer and actress Song Yuqi's birthday is indeed September 23.
Does unauthorized modification of sound effects constitute infringement? A Niu Technologies user questioned on social media, "I haven't updated my vehicle system for a year. How did they control the startup sound from the backend? The scariest part is that whether you update or not, they can control it from the backend." The user said that even before Song Yuqi became a Niu Technologies ambassador, their vehicle system had not been updated, and they had not renewed the smart service fee. Yet on September 23, the startup sound was inexplicably Song Yuqi's voice.
Regarding this question, when asked by the column, Niu Technologies customer service said the holiday sound effect was pushed by technology through the backend to smart vehicles. As long as it is a smart vehicle, it has this function and can receive the push directly. All smart vehicles that have the holiday sound effect enabled will receive it, regardless of whether the smart service fee has been paid. The staff explained, "It was pushed by technology through firmware to vehicles with smart vehicle functions." When asked whether users could turn off such remote pushes according to their own wishes, the staff said they were not very clear and that this was the first push of its kind, never done before.
As to whether this is suspected of infringement, Beijing lawyer Liu Yabo said that after smart hardware is delivered, ownership of the hardware belongs to the consumer. The manufacturer's remote technical control cannot override the user's right to consent and forcibly place marketing content on private devices. Lawyer Liu Yabo pointed out that Article 240 of the Civil Code stipulates that an owner has exclusive rights to possess, use, benefit from, and dispose of movable property. Once vehicle hardware is delivered to the consumer, the ownership of the entire vehicle belongs to the owner. The vehicle system is an integral part of the vehicle. Remote changes by the manufacturer to a user's device configuration interfere with the exercise of ownership, and users can demand that the operator stop the infringement and restore the original device settings.
In addition, unauthorized modification of a user's vehicle sound effects is also suspected of infringing consumer rights and violating advertising law. Lawyer Liu Yabo said that Articles 9 and 10 of the Consumer Rights Protection Law give consumers the right to independent choice and fair trade. Article 11 of the Implementing Regulations of the Consumer Rights Protection Law further clarifies that operators may not use technical means to force or disguisedly force consumers to accept services. Liu Yabo believes that without obtaining user consent in advance and without prominent notification, the law requires that the entry point for turning off commercial content be prominent, clear, and convenient. A hidden option generally unknown to ordinary users can hardly be said to meet this requirement. The user's right to independent control is effectively restricted. Furthermore, advertising should follow the Advertising Law, and advertisements may not be forcibly played on consumers' private property without permission. Consumers have the right to refuse to passively receive advertisements on devices they own.