Understanding Copyright Law in the Context of Repair

Legally speaking, repair is permissible under copyright law, thanks to the Digital Millennium Copyright Act of 1998 (DMCA). Section 117 of the DMCA expressly states that it's legal to backup and restore software for repair purposes. Consequently, makers of application software and operating systems remain unaffected by the Right to Repair movement.

The US Senate commissioned a study in 2015 to evaluate the impact of copyright law on repair. The study, published in December 2016, confirmed that consumers were not in violation of copyright law when performing their own repairs. Even if an End User License Agreement (EULA) stipulates that consumers renounce their right to independent or self-repair, the Original Equipment Manufacturer (OEM) can only accuse the consumer of a contract breach.

Firmware Fixes and Updates: Firmware fixes, commonly known as "updates", primarily aim to correct errors in the original code rather than introduce new features. Therefore, it is crucial that these updates are made widely accessible to all customers, free of charge, and for a considerable duration. However, without proper disclosure, damaging changes can be introduced through these updates, as seen in cases like "Error 53" and "Batterygate".

Our stance is that firmware, being an integral part of the hardware, belongs to the buyer upon purchase. Just as vehicle recalls are tied to a vehicle's VIN, defect corrections should be associated with the Serial Number. We see no compelling reasons against this and continuously promote this relationship in our activities.

The Issue of DRM - Section 1201: This section enables manufacturers to encrypt firmware to prevent unauthorized access, ostensibly to stop the creation of illegal bootleg copies of copyrighted media. However, this restriction inadvertently obstructs repair access. The US Copyright Office (USCO) has studied the impact of Section 1201 on repair and determined that repair and maintenance should remain unrestricted by this section, except for devices potentially susceptible to piracy.

Every three years, the Copyright Office reviews arguments for exemptions to this section. If granted, these exemptions must be renewed after another three years. DMCA Reform Advocates argue that this process is overly burdensome and advocate for simpler procedures and longer-lasting exemptions. While the Entertainment Software Alliance (ESA) vigorously protects content, we believe that inhibiting repair to prevent illegal copying of digital media is unreasonable.

State-level Right to Repair laws operate independently from this process.

Tinkering or Software Customization: Under current copyright law, tinkering, often referred to as "hacking" in software circles, is legal as long as the device is not protected under Section 1201. To avoid confusion with illegal hacking, we encourage our supporters to use the term "customization" instead.

Most products are legally open to tweaking, customization, and modification for interoperability under the current law.

The Distinction from Illegal Hacking: Illegal hacking—unauthorized access to personal data or networks for malicious intent—is distinctly different from repair. Repair is not a form of hacking, and the act of repairing equipment doesn't facilitate or hinder illegal hacking activities.