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A little off topic, but Fords keypad on the doors are great for just this reason. Have it on my T-bird and Sable, and wish every company would follow, great thing to have. Now, back to the question at hand.
This is a little different from the original question, but since this issue of the hatch was raised, I have tried using the appropriate button on the key fob to pop the rear hatch while the key was in the ignition and the car was running. It didn't do anything and I had to get out and use the lever on the hatch to open the glass hatch. The circumstances were in the loading lane at the grocery store (they don't allow carts into their lot). The lock/unlock button on the dash will unlock the hatch, but it won't open it.
I haven't tried the lock or unlock buttons or the panic button on the key with it in the ignition in the on position. I suspect they are all disabled when the car is running. But, if the panic button works under those conditions, you might have an indication that the computer is controlling what works and what doesn't and that would support the reprogramming argument. Then it's a question of who and how. . .and which is more risky on the warranty - reprogramming or the constant restarting for the engine.
If you will do Evilution button/hatch mod, you will be able to unlock and open rear window from the button under the radio. I have it on my smart and it works perfectly.
...had to try this....with the engine running no lock allowed...with the key in the ignition and position zero it will lock using the spare key....move to position 1 and no dice...