US Copyright Office Broadens Exemptions for Repairing Consumer Devices
The U.S. Copyright Office "is expanding a legal shield for fixing digital devices," reports the Verge, "including cars and medical devices." Earlier this week the office "submitted new exemptions to Section 1201 of the Digital Millennium Copyright Act, which bars breaking software copy protection. The resulting rules include a revamped section on device repair, reflecting renewed government pressure around 'right to repair' issues." [T]his latest rulemaking adopts repair-related proposals from the Electronic Frontier Foundation, iFixit, and other organizations. The Librarian of Congress adopted the recommendations in a final rule that will take effect [Thursday]. The exemptions replace an itemized list of repairable devices with broad protections for any consumer devices that rely on software to function, as well as land and sea vehicles and medical devices that aren't consumer-focused. The rulemaking doesn't rewrite the exemption to cover all non-consumer devices, and it doesn't cover all "modification," only "diagnosis, maintenance, and repair." For video game consoles specifically, repair only covers repairing the device's optical drives and requires reenabling any technological protection measures that were circumvented afterward. The Verge notes that Acting General Counsel Kevin Amer told reports the exemption should prove useful, adding that their decision had been influenced by an earlier executive order from the Biden administration supporting third-party and consumer repair work. The article also notes other U.S. agencies are also moving on the issue. "The Federal Trade Commission, for instance, has pledged to fight business practices that lock out independent repair shops. "This copyright rulemaking doesn't address those practices, but it helps lift a legal threat hanging over technicians and consumers."
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