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The Federal Trade Commission and the Department of Justice’s antitrust division filed a comment with the US Copyright Office asking for an expanded exemption to copyright law for the right to repair certain devices. The comment was submitted on Thursday, amid the Copyright Office’s deliberations over whether to issue new exemptions to Section 1201 of the Digital Millennium Copyright Act (DMCA), a law that prohibits breaking software copy protection. Under Section 1201, repairing your own devices can often become a copyright violation.
Exemptions to DMCA Section 1201 are issued every three years, as per the Register of Copyrights’ recommendation. Prior exemptions have been issued for jailbreaking cellphones and repairing certain parts of video game consoles. The FTC and DOJ are asking the Copyright Office to go a step further, extending the right to repair to “commercial and industrial equipment.” The comment singles out four distinct categories that would benefit from DMCA exemptions: commercial soft serve machines; proprietary diagnostic kits; programmable logic controllers; and enterprise IT.
“In the Agencies’ view, 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,” the comment reads.
Exemptions to DMCA Section 1201 are issued every three years, as per the Register of Copyrights’ recommendation. Prior exemptions have been issued for jailbreaking cellphones and repairing certain parts of video game consoles. The FTC and DOJ are asking the Copyright Office to go a step further, extending the right to repair to “commercial and industrial equipment.” The comment singles out four distinct categories that would benefit from DMCA exemptions: commercial soft serve machines; proprietary diagnostic kits; programmable logic controllers; and enterprise IT.
“In the Agencies’ view, 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,” the comment reads.
The FTC and DOJ want to make sure it’s legal to repair McDonald’s ice cream machines
Soft serve machine outages can cost business owners as much as $625 a day — and they can’t legally fix them on their own.
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