The Auto Care Association is voicing its support for recent comments from the Federal Trade Commission and Department of Justice advocating for regulations that would allow consumers and businesses to repair their own products.
In their comment to the U.S. Copyright Office, the Federal Trade Commission and the Justice Department’s Antitrust Division asserted that renewing and expanding repair-related exemptions would promote competition in markets for replacement parts, repair and maintenance services, as well as facilitate competition in markets for repairable products.
“Promoting competition in repair markets benefits consumers and businesses by making it easier and cheaper to fix things they own,” the agencies said in a news release. “Expanding repair exemptions can also remove barriers that limit the ability of independent service providers – including small businesses and entrepreneurs – to provide repair services.”
The federal agencies submitted the comment as the Copyright Office considers whether to recommend that the Librarian of Congress renew and expand temporary exemptions to the Digital Millennium Copyright Act’s prohibition against the circumvention of technology-protection measures that control access to copyrighted content.
Manufacturers use technology-protection measures to protect copyrighted works from theft and infringing uses. However, these software locks also can be used to prevent non-infringing third-party repair, according to the FTC-DOJ comment. For example, such measures can restrict access to computer-maintenance hardware and software programs, leaving only original-equipment manufacturers able to do maintenance and repair work.
In their comment, the FTC and DOJ say that by limiting access to the data and software needed for independent repair and maintenance, these technology-protection measures can be used to squash competition for replacement parts, repair and maintenance, which ultimately limits consumers’ and businesses’ choices and raises costs.
“Auto Care Association supports the Joint Comment of the DOJ and the FTC encouraging the Librarian of Congress to renew and expand repair-related exemptions that would promote competition in markets for replacement parts, repair, and maintenance services, as well as facilitate competition in markets for repairable products,” Auto Care President and CEO Bill Hanvey said. “In particular, on behalf of the entire automotive aftermarket, Auto Care Association agrees with the DOJ and the FTC that the Class 7 exemption to allow vehicle owners and repair facilities greater access to vehicle diagnostic and telematics data for monitoring purposes is critically important to lower the cost of repairs, improve access to repair services, and minimize costly and inconvenient delays.”
For more on the efforts to secure the right to repair vehicles, visit the Auto Care Association website.