Yesterday, the Librarian of Congress released the sixth triennial set of exemptions to the prohibition of circumvention of the Digital Millennium Copyright Act (DMCA). Circumvention, in the context of the DMCA, refers to the bypassing of technological measures employed by or on behalf of copyright owners to protect their works.
In regard to automotive repair, the document recognizes the growing need for repairers to be able to access and sometimes alter vehicle software. The final exemption would allow repairers to modify programs that are:
“… contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle or mechanized agricultural vehicle, except for computer programs primarily designed for the control of telematics or entertainment systems for such vehicle, when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair or lawful modification of a vehicle function.”
Under the exemption, the circumvention must not constitute a violation of applicable law. The new circumvention exceptions are set to take effect in 12 months.
The Automotive Service Association’s (ASA) leadership has expressed some apprehension about the telematics language in those exemptions, in that it excludes third-party access to “telematics and entertainment systems.” ASA has been involved with vehicle technologies and telematics, hosting aftermarket and automaker forums, educational sessions and meetings with congressional and administration policymakers. ASA says it will continue to review the latest ruling.
The Auto Care Association also issued a statement yesterday responding to the decision: “While the Auto Care Association applauds the recent decision by the Librarian of Congress to exempt circumvention of vehicle software by the car owner for the purposes of diagnosis, repair or lawful modification of a vehicle function, there are serious concerns about certain aspects of the decision,” the Auto Care Association stated in a press release.
“The association previously submitted comments strongly supporting the petition filed by the Electronic Frontier Foundation for the exemptions from the Digital Millennium Copyright Act (DMCA). The comments were based on the association’s strong stand that when a consumer purchases a vehicle they purchase everything – the body, seats, engine and the software that is critical to powering the vehicle. Anything less is not in the best of interest of the auto care industry or the car owners.
“The Auto Care Association is very concerned that the Librarian did not permit shops to circumvent software on behalf of the car owner. Clearly, car owners should have the ability to obtain the services of an independent shop for working on their car if they do not have the skills or equipment to properly perform the function themselves,” according to the association’s official comments.
The Auto Care Association also takes issue with the decision to not include telematics or entertainment systems, which are key to ensuring the future of a competitive repair industry.
“The decision does not impact the Memorandum of Understanding signed by the Auto Care Association and the Coalition for Auto Repair Equality in 2013, which provides a commitment by the vehicle manufacturers to provide all information, tools and software to independent shops for the purposes of diagnosing and repairing the car. However, the decision leaves some issues unresolved regarding access to telematics systems and for shops to provide modifications to vehicle software on behalf of car owners. The association is currently weighing options regarding next steps to address issues that remain unresolved based on the latest decision by the Librarian.”
