The Repair Association is actively engaged with promoting legislation at both the state and federal level. There is no single solution. State laws can require manufacturers to share the information necessary for repair, which isn't a copyright issue. Copyright reform can limit or remove DRM, which states cannot do. Both types of laws are necessary and we work on both.
STATE LEGISLATION:
Right to Repair & Fair Repair Legislative Template Updated for 2023
Since our first bill in 2014, over 40 different states have begun working on Right to Repair legislation using our legislative template. This year, the FTC offered to help state legislators advance bills and have worked with us to improve our template text. The attached version, dated ‘July 2022’, incorporates their helpful suggestions.
Key Concepts
Contracts:
State legislatures are responsible for contracts as part of general business law. Contracts protecting consumers from Unfair and Deceptive Acts and Practices (“UDAP”) contracts are already on the books. Our legislative template is designed to amend existing law to limit the damage done by unfair and deceptive contracts. Such contracts, including End User License Agreements “EULA” are inherently deceptive as they cannot be negotiated by the consumer, are presented post-purchase, and fundamentally alter the intent of the purchase.
Nearly all industries using digital electronic parts in their products are using EULA and other forms of contracts in an unfair and deceptive manner to protect their repair businesses from competition. It is the abusive contract, and not the technology, that is the focus of legislation. Any industry or product category that is exempted from legislation is being granted a de-facto repair monopoly.
Exemptions:
Template legislation currently exempts motor vehicles out of respect for the negotiated industry agreement in place between most manufacturers and most aftermarket groups. The Massachusetts Automotive Right to Repair law was the inspiration for our legislative template and has proven effective. With many years of experience with repair of computerized parts within motor vehicles it is proven that Right to Repair does not make consumers unsafe, does not open products to new forms of illegal hacking, and does not limit innovation.
Enforcement:
The template offers language suitable to use the power of the state Attorney General to enforce the law and to issue fines. Such fines would go to the state as incentive to pursue compliance. Other forms of enforcement can be used.
FEDERAL LEGISLATION:
We’ve been very successful in removing the threat of copyright violations for most repair activities. The latest round of 1201 Exemption Requests has validated our logic and paved the way for widespread access to consumer repair.
OCTOBER 2021 Copyright Regulator Eases on Research, Education, and Repair
This round expanded and renewed exemptions already granted, and added clarity to repair of medical devices and boats. (yup - we missed asking about marine uses in the 2018 round). The Librarian approved an exemption for replacement of the optical drive on gaming equipment, but not for other parts. The 1201 process remains exasperating. We are working with legislators in Congress to create more permanent exemptions and to allow for the production of assistive repair tools.
OCTOBER 2018 US Copyright Office Enables Repair of Just About Everything
The USCO agreed with our arguments that consumers should be able to fix their stuff — even if it means someone has to break a software lock. Even better — its now legal to hire someone to help you fix your stuff.
They USCO did not agree that computer gaming stations should be open to repair — and some equipment such as planes and boats didn’t fall into the category of exemptions for “Land Based Motor Vehicles” but you can fix your home appliances, IOT Devices cell phones and computers without violating copyright law.
December 2016 : Copyright Office Study on Embedded Software and Repair
Following a full year of study, hearings, and stakeholder events, the US Copyright office published their findings. They concluded the manufacturers are blocking repair with the false threat of copyright infringement, but the real culprit lies in contract law, particularly End User License Agreements ("EULA"). When we buy equipment we have the widespread right to repair and tinker, but once agreed otherwise, as within a EULA, the contract supersedes copyright law. Therefore, the legislative solution for unlocking repair belongs to states - which have control over general business law and contracts.
For more details and our analysis - click here.
June, 2017: COPYRIGHT STUDY ON SECTION 1201 (DRM)
The Copyright Office also conducted a separate study on the potential need to reform Section 1201 (known as "Anti-Circumvention") for Congress. This study agreed with us that Section 1201 / DRM is a serious impediment to repair, and recommended a permanent exemption for repair and maintenance for everything except gaming equipment.
It remains up to Congress to take up the recommendation and file legislation.
For more details on the problems of DRM - see #DayAgainstDRM
Regulations and Standards
August, 2017: Repair.org Report on Electronic Recycling Standards
Repair.org members have been involved as members of standards bodies EPEAT, NSF and IEEE to promote repairability as the most effective form of electronic waste reduction possible. After years of effort -- we have had to vote down a proposed IEEE server recycling standard as entirely lacking in leadership.
June, 2017 Repair.org members engage with the FDA and Congress regarding repair of medical devices.
Members IAMERS. Geisinger Health and ACCE members provided key testimony to the FDA and Congress on the challenges facing health care providers and their choice of repair services. Repair.org filed testimony with Congress in support of independent repair.
SUPREME Court
Repair.org filed an Amicus brief with ASCDI, EFF, Public Knowledge in support of Impression Products v Lexmark heard in the Supreme Court of the United States (SCOTUS). We won -- impressively. SCOTUS ruled emphatically that manufacturers have exhausted their control over products with the initial ("first") sale. Once sold -- they cannot tell the new owner what to do.
Further Reading
For further information on how US copyright law hinders consumers and the right to repair, see following articles: