Movement is in progress that permits everyone to permanently acknowledge "right to repair" everything at the legal level

ByZhao!

Although it can be said that repair is done when the machine breaks, it is a very natural response, but in recent years electronic devices with advanced software development can not handle internal copyright as barriers, replacement rather than repair There is a case that I have no choice but to take. In addition, by taking out copyright in an expanded interpretive manner, there are situations in which, for example, a replacement toner cartridge of a copy machine can not accept other company's products, only a service by a genuine dealer can be received. Meanwhile, in the United States, there is a movement to make the "right to repair" equipment legal and secure, and still be permanent.

The US Government Wants to Permanently Legalize the Right to Repair - Motherboard
https://motherboard.vice.com/en_us/article/d3zbnz/the-government-wants-to-permanently-legalize-the-right-to-repair

On June 22, 2017, there is an American copyright authority(PDF)reportAnnounced. In this report it is suggested that the US government should take action in order to legitimize forever that all owners possessing all equipment repair them, It can be said that even if it is necessary to hack the software of the equipment in order to achieve the purpose, it is also remarkable that it is the same.

It was enacted in the United States in 1998Digital Millennium Copyright Law(DMCA), including protecting copyrighted works such as music as well as forbidding the disclosure of technical means that can invalidate copyright protection technology, including a very powerful provision It is known. Especially for DMCASection 1201However, as this clause exists, there is a case in which protection of software is canceled when repairing a device operating with built-in software such as a smartphone etc. Even so, it is illegal to continue working.

ByRonan

This limitation is becoming a major obstacle to the gradually increasing "repair movement (movement recommending equipment repair"). Indeed there is a way to avoid the provision of this "section 1201", but for that reason it is necessary to go through a very complicated legal process and its validity period is three years, You must always repeat the process for updating. Furthermore, since only one process can be confined to detailed fields such as "smartphone" and "automobile software", many applications must be repeated every three years in order to satisfy a wide range of repair needs It has become the situation.

In response to that situation, the previous report sought the US Copyright Office to respond. The agency, which disputes the reality of the legally repeating legal process, said in his report, "The desire for relief measures on section 1201 to show growing is that repair and maintenance based on good will not commit the law The act of repairing is often protected from infringement claims under the provisions of multiple copyright laws, "and states that the law also restricts even true repair actions I touch it.

The report also stated that the applicable scope should not be limited using concrete terms such as "automobile". This is because the evolution speed of technology is very fast and new concepts continue to be produced one by one, so that the development of the law can not keep up with the situation, eventually concerned about the situation of adding the target terms one after another What I am doing.

A number of public comments on the DMCA section 1201 have been made available to the US Copyright Office for several years, showing a trend of rapid increase around 2015. In other words, it can be said that the DMCA regulations indicate that the number of people affected by restricted repair activities is rapidly increasing.


Acting with the aim of allowing repair actions to be admitted at the legal levelThe Repair AssociationGay Gordon-Byrne, one of the main members of the DMCA, welcomes this trend and shows that the DMCA provision is invalidated, especially in the field of OEM products. "The Supreme Court supports the fundamental right to reuse ink toner cartridges for printers, GE loses in a trial in violation of the antitrust law over repair of anesthesia machines in Texas," said Gordon-Byrne, This movement supports our view that the acts of repair and maintenance are unduly monopolized by the abuse of copyright laws, "revealing the opinions welcoming the current trend It is.

Also in the report Copyright Office announced, DMCA has been shown to be not written for an admission that to force a repair service due to servicing skilled in the art that the manufacturer related to their customers. This time published report is a stage which is only considered "opinion", but you must go through actually still a lot of the process is to be documented as law, movement toward legislation is progressing little by little It is a situation.