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Three States Propose DMCA-Countering 'Right To Repair' Laws (ifixit.org)

Automakers are using the Digital Millennium Copyright Act to shut down tools used by car mechanics -- but three states are trying to stop them. An anonymous reader quotes IFixIt.Org: in 2014, Ford sued Autel for making a tool that diagnoses car trouble and tells you what part fixes it. Autel decrypted a list of Ford car parts, which wound up in their diagnostic tool. Ford claimed that the parts list was protected under copyright (even though data isn't creative work) -- and cracking the encryption violated the DMCA. The case is still making its way through the courts. But this much is clear: Ford didn't like Autel's competing tool, and they don't mind wielding the DMCA to shut the company down...

Thankfully, voters are stepping up to protect American jobs. Just last week, at the behest of constituents, three states -- Nebraska, Minnesota, and New York -- introduced Right to Repair legislation (more states will follow). These 'Fair Repair' laws would require manufacturers to provide service information and sell repair parts to owners and independent repair shops.

Activist groups like the EFF and Repair.org want to "ensure that repair people aren't marked as criminals under the DMCA," according to the site, arguing that we're heading towards a future with many more gadgets to fix. "But we'll have to fix copyright law first."

23 of 225 comments (clear)

  1. Good by Xenographic · · Score: 5, Insightful

    They sound like good laws. I just hope they pass.

    1. Re:Good by Anonymous Coward · · Score: 4, Insightful

      CDs aren't encrypted and nothing in the
      DMCA prevents you from ripping them and burning your own backups.

      If you'd have gone with MPAA and DVDs for your example, you'd have had a decent comment, but you didn't.

    2. Re:Good by Anonymous Coward · · Score: 4, Insightful

      In MN, Republicans control both the house and senate and the bill was put forward by 2 Rs and 1 D.

      In NE, Republicans control the unicameral legislature and the bill was put forward by 7 Rs.

      In NY, Republicans control the senate, Democrats control the House and the bill was sponsored by 1 R with 1 R and 3 Ds signing on as co-sponsors.

      And actually if it gets shot down it will probably by the unions, they have the biggest interest in keeping small independent shops out of certain areas of the business. Oh wait but that means the Democrats might be the bad guys!!!

  2. Also need to offer tools, software, and codes. by Joe_Dragon · · Score: 4, Insightful

    Under the DMCA they can lock out jiffy lube by saying the change oil light reset code is under the DMCA and only dealers are to have it.

    But this needs to extended to firmware images, sd card images, etc for embedded hardware.

    Info on old pc based embedded hardware and older video games (arcade) that used custom cards so they can be run in VM's on newer pc hardware.

    Letting people run that hardware in a VM with having to rebuy the software / pay the rights holder again. Yes some like that did have happen in the past and there a free VM system to replace the old pc and custom pci card. That still needed some of the old hardware and they got sued.

  3. No One Owns Anything by zenlessyank · · Score: 4, Insightful

    Anymore. You just rent it until it breaks so you can re-up on a newer rented item. Greed has no bounds.

    1. Re:No One Owns Anything by Mitreya · · Score: 5, Insightful

      You just rent it until it breaks

      Renting would be ok if it was stated upfront and you paid rental prices.

    2. Re:No One Owns Anything by Solandri · · Score: 4, Insightful

      And you got rental privileges. e.g. If it broke it was their responsibility to fix it, not the renter's. These companies are taking a page out of the MAFIAA who like to claim you're buying a license when you try to do anything with the CD or DVD you bought, but claim you bought a product and need to re-buy it if you accidentally break the disc and want a free replacement since you already paid for the license.

    3. Re:No One Owns Anything by Fitch · · Score: 5, Insightful

      When I'm not wearing out keyboards I'm an avid "shade tree mechanic", and it just so happened I experienced a tangent of this type of stupidity yesterday working on a car I recently purchased for my daughter. As it turns out the tire pressure monitoring system (TPMS) in many GM vehicles of it's era were flashed with a configuration that would not allow the system to be reset + relearn the wheel sensors without an expensive scan tool (even these aftermarket ones are prohibitively expensive). I'm going to go to a dealer and beg them to fix the firmware so the product will function as the owner's manual states it should (there happens to be a service bulletin on this particular issue). In my case I simply do not allow anyone to work on my vehicles, so when I rotate the tires at every oil change I have no recourse to make the TPMS system functional and accurate once again except to take it to a tire shop or the dealer.

      Thankfully there seems to be a possible workaround - removing the TPMS fuse and letting it "forget" all it's sensors so it doesn't work at all. But imagine if this wasn't the case, and car owners were unable to get their vehicle to pass an emissions inspection because the TPMS sets a malfunction code.

      I'm generally not one to throw fuel on hyperbolic statements like "No One Owns Anything", but in this case I have to side with this sentiment. How far are we from the day when your car disallows you from driving over some ridiculously slow speed until you take it to the dealership for service? Those of us in states requiring emissions inspections are already beholden to the machines because in most counties of my state a vehicle with a MIL / Check Engine light on automatically fails regardless of whether the code is associated to an electronic ride control component, a burned out heated seat controller, or the catalytic converter efficiency monitoring.

      To further complicate things, many of today's vehicles are equipped with autonomous braking systems and other "convenience" features such as park assist, etc. Who's going to be able to fix these systems when they malfunction, and more importantly who will be responsible for the deaths that will be inevitably caused by such?

      For me, the solution is driving old junk and spending the extra time and money to maintain it until it is simply impossible to keep in a safe condition. I simply will not succumb to the perpetual car payment, rent-a-car culture that American society has all to readily embraced at it's own peril.

  4. IDK, but... by interkin3tic · · Score: 4, Insightful

    Thankfully, voters are stepping up to protect American jobs

    Can't help but feel like my anus is being forcibly greased up whenever "protect american jobs" is being waved around.

    "Right to X" in the title of a new law is also a red flag.

    I mean, I'm aware the DMCA is awful. They should just do something about that. Maybe say, we're going to repeal and replace it? Introduce the All-new Copyright Act, or ACA for short?

    1. Re:IDK, but... by GLMDesigns · · Score: 1, Insightful

      They banded together to fight proposals they disagreed with. Are you saying that the Dems aren't going to do the same now with Trump?

      The Republicans were in the minority in both House and Senate from 2006 (predating Obama) to 2010. The Dems could have (and did) pass anything they wanted. So stop the idiotic BS.

      Do you think the Dems are going to vote for Trump policies they disagree with? Do you actually believe the BS you wrote?

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
  5. Re: American Jobs? by Anonymous Coward · · Score: 3, Insightful

    That is a good comment, you know it's getting bad when when Americans have to depend on Chinese hackers to be able to repair their own cars because American auto makers have gotten so greedy that they are locking down via artificial electronic means out of the repair business.

  6. Re:Protect American jobs? by Dog-Cow · · Score: 3, Insightful

    Most people don't ship their vehicles to China for service. You moron.

  7. "Us" versus "them" by Okian+Warrior · · Score: 5, Insightful

    I mean, I'm aware the DMCA is awful. They should just do something about that. Maybe say, we're going to repeal and replace it? Introduce the All-new Copyright Act, or ACA for short?

    Sorry. The DMCA is Republican creation. Republicans are only opposed to laws created by Democrats.

    The DMCA was a bipartisan effort. Created by Republicans, but signed into law by a Democratic president. The husband of the same person who almost became our current president.

    Get away from the "us versus them" mentality. All the bad shit we have right now is the result of bi-partisan cooperation among politicians.

    Your side is crap as well as the other side.

    Insulting "the other side" does nothing to solve the underlying problem.

    1. Re:"Us" versus "them" by silentcoder · · Score: 3, Insightful

      >All the bad shit we have right now is the result of bi-partisan cooperation among politicians.

      Really ? I could have sworn we just had 8 years where not a single bipartisan moment happened, and things which USED to be matters of bipartisan consensus were actively opposed purely because of who was president.

      Are you seriously saying that ALL the problems in the USA predate the Obama administration ? Hell even most liberals won't give him that much of a free pass - we tend to think there were a few things we wished he'd done differently.

      Bipartisanship is NOT a bad thing, it's not a good thing either. Fundamentalism of any kind - tends to be evil - and that is more commonly associated with obstruction than bipartisanship.
      It's not an unqualified good, but it is definitely not a bad thing either - whether any particular idea is good or bad, in fact, is entirely divorced from whether it's supported by one party or two. The idea should be judged on it's own merit.

      --
      Unicode killed the ASCII-art *
  8. Re:American Jobs? by Anonymous Coward · · Score: 0, Insightful

    You fulfill the stereotype that people with low user IDs are autistic middle age weirdos, likely unemployed, who can't work out conversations.

  9. Re:Let's talk about Trump now! by x0ra · · Score: 4, Insightful

    That's the beauty of a FEDERAL state. Don't like Cali, got to Idaho, don't like Idaho, go to New York...

  10. Re:DMCA is a federal law by x0ra · · Score: 3, Insightful

    State legalization of pot is a precedent.

  11. Re:American Jobs? by geekmux · · Score: 4, Insightful

    That is a bit of anger! Relax Mr. Anonymous Coward!

    This has nothing to do with Anonymous Coward. This has everything to do with Common F. Sense.

    And if it's not about foreign v. American jobs, why does the summary say "Thankfully, voters are stepping up to protect American jobs"?

    Because TFS is inaccurate. Sure as hell wouldn't be the first time. This has to do with protecting the rights of any car owner or 3rd party repair shop to service or repair a car if they have the knowledge and skill to do it. And to give TFS some credit for accuracy, yes, that would include American jobs, but more accurately any American who happens to own a device they hold the skill to service or repair, regardless if they hold a job doing it.

    I've been maintaining my own vehicles for almost three decades, and as a result my cars have lasted me at least 200,000 miles each time. I've also not had to waste thousands of dollars on misdiagnosed issues of questionable legitimacy; otherwise known as why we call them stealerships. It's no secret the department driving considerable profit into a stealership is the service department, and I'm not about to be forced to have my car "serviced" by pure unadulterated greed just because they didn't get enough profit from me when I bought the damn car.

    If automakers and stealerships had their way, every Discount Auto Parts and Autozone would be shut down, Haynes and Chilton repair manuals would be illegal, you would need a federal license to even look at the Craftsman tool department in Sears, and opening the hood on your car would require an encryption key. Abusing the shit out of the DCMA seeks to destroy an entire industry that has been established for decades, along with the thousands of jobs within. Are automakers likely trying to protect some American jobs? Sure, but the end result would still be a rather massive net loss.

    In this case, Common F. Sense needs to prevail over Corruption N. Greed. Plain and simple.

  12. Re:American Jobs? by geekmux · · Score: 5, Insightful

    You fulfill the stereotype that people with low user IDs are autistic middle age weirdos, likely unemployed, who can't work out conversations.

    The parent has a valid point here, and the GP is an idiot for bringing up Chinese hackers. The actions of both those for and against the DCMA in this case is fighting over American jobs, but siding with the automakers and stealerships would result in a massive net loss for American jobs, since they would not seek to hire everyone they wish to put out of business by turning auto repair into some sort of DMCA-protected black magic.

    This pretty much has fuck-all to do with China, apart from giving them credit for cracking a "code" that should have never been allowed to exist in the first place, under a weak-ass DMCA argument. Ironically enough, the hacking in this case creates American jobs.

  13. Re: Let's talk about Trump now! by Crashmarik · · Score: 3, Insightful

    Yah but Obama championed internet privacy and freedoms, no??

    The one that expanded NSA Spying ?
    https://www.eff.org/deeplinks/...

  14. Re:Not so fast. by sjames · · Score: 4, Insightful

    Actually, lets.

    It is perfectly legal for me to repair my own brakes or steering. People have done so for decades even though a failure while driving could be very bad. The upshot is simple, if you're going to work on safety critical parts of your car, you'll want to make sure you know what you're doing. If you screw up, you might face significant liability.

  15. Re:Let's talk about Trump now! by thegarbz · · Score: 4, Insightful

    I find the partisanship of the USA electorate incredible. The government has in general a bipartisan agreement to not give a shit about the people yet everyone will blame something on one side or the other.

  16. Re:Repair Costs by Opportunist · · Score: 3, Insightful

    Those crazy Europeans and their pinko commie ways. That's never gonna fly in Free America!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.