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Feds Say Hacking DRM To Fix Your Electronics Is Legal (vice.com)

An anonymous reader quotes a report from Motherboard: The Librarian of Congress and U.S. Copyright Office just proposed new rules that will give consumers and independent repair experts wide latitude to legally hack embedded software on their devices in order to repair or maintain them. This exemption to copyright law will apply to smartphones, tractors, cars, smart home appliances, and many other devices. The move is a landmark win for the "right to repair" movement; essentially, the federal government has ruled that consumers and repair professionals have the right to legally hack the firmware of "lawfully acquired" devices for the "maintenance" and "repair" of that device. Previously, it was legal to hack tractor firmware for the purposes of repair; it is now legal to hack many consumer electronics.

Specifically, it allows breaking digital rights management (DRM) and embedded software locks for "the maintenance of a device or system in order to make it work in accordance with its original specifications" or for "the repair of a device or system to a state of working in accordance with its original specifications." New copyright rules are released once every three years by the U.S. Copyright Office and are officially put into place by the Librarian of Congress. These are considered "exemptions" to section 1201 of U.S. copyright law, and makes DRM circumvention legal in certain specific cases. The new repair exemption is broad, applies to a wide variety of devices (an exemption in 2015 applied only to tractors and farm equipment, for example), and makes clear that the federal government believes you should be legally allowed to fix the things you own.

124 comments

  1. Fix, not upgrade by olsmeister · · Score: 4, Interesting

    Notice the phrase "original specifications".

    1. Re:Fix, not upgrade by Anonymous Coward · · Score: 2, Interesting

      Notice the phrase "original specifications".

      And if the original specifications include a bug in the software, isn't fixing it an upgrade?

    2. Re:Fix, not upgrade by Tinsoldier314 · · Score: 4, Insightful

      Notice the phrase "original specifications".

      And if the original specifications include a bug in the software, isn't fixing it an upgrade?

      A bug in the software isn't fundamental to the advertised value of the good. A tractor isn't advertised as, "60 HP diesel with bugs in the onboard software!".

    3. Re:Fix, not upgrade by rtkluttz · · Score: 4, Interesting

      At least original specifications leaves room for argument. Many devices are general purpose computing devices. Just because they may be sold with software that cripples the capability of the hardware, it can be argued that the original specification of the HARDWARE is to have a feature enabled... or even that the original specification of the HARDWARE is that of a general purpose computing device where the only limitations are the imagination of the person writing the software. This is the first step in a foothold for enshrining that hardware and software are two separate things.

      --
      Digital is, by definition, imperfect. Analog is the way to go.
    4. Re:Fix, not upgrade by omnichad · · Score: 4, Interesting

      Oh, good. I have a stack of DVDs where the advertised purpose is to have a license to watch a movie. Format shifting it is just correcting an implementation bug.

    5. Re:Fix, not upgrade by Anonymous Coward · · Score: 0

      The "advertised value" doesn't necessary list bugs but we all presume there's bugs in the software. So, there's definitely an interpretation that anything other than some means of reimaging a base image is a sort of upgrade because obviously fixed bugs make the phone have less depreciation in value. That is, after all, the primary reason so many phones/machines are worth less beyond simply the loss of charge in their battery.

    6. Re:Fix, not upgrade by bobbied · · Score: 4, Interesting

      Notice the phrase "original specifications".

      Yea that caught my attention. I'm sure the question is about intent.

      IF you are trying to fix something that's broken, but not modify the way the overall item works, then you are allowed to reverse engineer DRM protections. So, in the case of a motor vehicle, you can modify the drive train controller to use a non-manufacturer specified sensor as long as you don't change how the vehicle operates. So no emissions changes, no changes in performance, just swapping out sensors or parts to repair the overall device? Have at it. Replacing parts with cheaper non-manufacturer specific parts? You are free to do this.

      What isn't as clear is reverse engineering a router's boot loader and firmware so you can run your own private firmware that does something different, has a different user interface or allows you to modify the radio power output outside of manufacturer specs. That may not be allowed.

      Modify your I-phone's firmware so that third party digitizer works (allowed).

      Modify your VW's Engine Controls so it passes emissions testing, but reverts to better economy higher emissions settings when driven.. (Not allowed)

      Reverse Engineer your car's CAN buss data to add a new entertainment device that can interact with the rest of the vehicle? (Not allowed)

      Bypass DRM controls on your consumer entertainment device so you can repair it with cheaper readily available parts? (Allowed)

      Bypass DRM controls on the device to get the HDMI to connect but allow you access to the raw unencrypted data? (Not allowed)

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    7. Re: Fix, not upgrade by Anonymous Coward · · Score: 2

      You obviously know virtually nothing about modern tractors. Wise up before you speak up.

    8. Re:Fix, not upgrade by Darinbob · · Score: 1

      It means you can't hack a PS4 to become a Linux box, but if the PS4 breaks then you can repair it even if it means you have to defeat some protections. Presumably it also means you can change your Keurig coffee maker to make coffee using third party pods, or so your printer can use refilled cartridges.

      This doesn't mean that the manufacturers have to make this easy for you (witness tractor repair).

      Also, it's unclear whether or not the DMCA overrides this rule or vice versa; for the courts to figure out.

    9. Re:Fix, not upgrade by AlwinBarni · · Score: 2

      Exactly, how is it with making archive copies of owned DVDs now - honestly asking?

    10. Re:Fix, not upgrade by Lothsahn · · Score: 3, Insightful

      Thankfully, the Copyright Office has already provided an exemption for motor vehicle repair (including modifications) [1].

      This is important because manufacturers are starting to install DRM into their cars. For instance, I drive a Nissan Leaf and the battery is software locked to the car. Replacing the car requires that the person involved pair the new battery to the car. And given the technology advances in batteries in the last 10 years, you're going to want to install a bigger battery than the car originally shipped with. Theoretically, a larger capacity battery is not "original specifications."

      Similarly, you are allowed to reverse the CAN bus to add a new entertainment device, and there's no copyright violation to modify the emissions control software either. Both are allowed under the previous ruling. That said, you probably are breaking some EPA law if you violate the emissions settings as described.

      Sources:
      [1] https://ifixit.org/blog/8510/c...

      --
      -=Lothsahn=-
    11. Re:Fix, not upgrade by Lothsahn · · Score: 2

      Actually, it's more complicated. That exemption quoted in the article expired this year and this new law supercedes it.

      Thankfully, the original specification language is not present in the car section (see section 1):
      Accordingly, the Acting Register recommends that the Librarian adopt the following exemptions:
      (1) Computer programs that are contained in and control the functioning of a lawfully acquired motorized land vehicle such as a personal automobile, commercial vehicle or mechanized agricultural vehicle, except for programs accessed through a separate subscription service, when circumvention is a necessary step to allow the diagnosis, repair or lawful modification of a vehicle function, where such circumvention does not constitute a violation of applicable law, including without limitation regulations promulgated by the Department of Transportation or the Environmental Protection Agency, and is not accomplished for the purpose of gaining unauthorized access to other copyrighted works.
      (2) Computer programs that are contained in and control the functioning of a lawfully acquired smartphone or home appliance or home system, such as a refrigerator, thermostat, HVAC or electrical system, when circumvention is a necessary step to allow the diagnosis, maintenance or repair of such a device or system, and is not accomplished for the purpose of gaining access to other copyrighted works. For purposes of this paragraph (b)(10):
      (i) The “maintenance” of a device or system is the servicing of the device or system in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that device or system; and
      (ii) The “repair” of a device or system is the restoring of the device or system to the state of working in accordance with its original specifications and any changes to those specifications authorized for that device or system.


      The fact that a librarian needs to provide exemptions to keep the DMCA DRM restrictions reasonable implies that we really should fix the DMCA.

      Source:
      https://s3.amazonaws.com/publi...

      --
      -=Lothsahn=-
    12. Re:Fix, not upgrade by sconeu · · Score: 3, Insightful

      I'd argue this allows the user to restore the "Third Party OS" to the PS3. That WAS part of of the original specification.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    13. Re:Fix, not upgrade by r1348 · · Score: 4, Insightful

      Just do it, seriously. As long as you don't post a torrent somewhere, nobody's gonna bother you.

    14. Re:Fix, not upgrade by jaymemaurice · · Score: 1

      So can I obtain and unlock (through sketchy means) the automotive factory service software to reprogram the vehicle order to match the currently installed replacement hardware so that future reprogramming works as intended? And reprogram the hardware as required?

      --
      120 characters ought to be enough for anyone
    15. Re:Fix, not upgrade by Registered+Coward+v2 · · Score: 1

      Actually, it's more complicated. That exemption quoted in the article expired this year and this new law supercedes it. Thankfully, the original specification language is not present in the car section

      Considering the active modding community that adds features, increases performance, allows for repairs it is good they did not limit to original specifications. Repair requirements alone have gotten ridiculous, I mean you need to use a special tool to reset the computer after replacing a battery in a BMW? Thankfully you can buy a tool for. a lot less than the dealer would charge to replace the batteries y and reprogram the computer.

      The fact that a librarian needs to provide exemptions to keep the DMCA DRM restrictions reasonable implies that we really should fix the DMCA.

      Once again, librarians are the first lien in defense of our freedoms...

      --
      I'm a consultant - I convert gibberish into cash-flow.
    16. Re:Fix, not upgrade by Anonymous Coward · · Score: 0

      But the better economy of the WV was as originally specified to the consumer.

    17. Re:Fix, not upgrade by omnichad · · Score: 1

      Easy and convenient. Even with Blu-Rays. They all sit on a storage server and my original discs are stored away safely in a closet where I never touch them. I use MythTV but there are a multitude of players that will handle MKV files with H.264 video and AC-3 or DTS-MA audio, which is what I transcode to in Handbrake.

    18. Re:Fix, not upgrade by Anonymous Coward · · Score: 0

      Aside from these "bypass to violate some other law or copyright" cases, I think they also mean to exclude "bypass to unlock premium features" when they say to repair to original specifications. Upgrades don't always have a bad side-effect like causing more emissions or copying your movies.

    19. Re:Fix, not upgrade by Anonymous Coward · · Score: 0

      This means you won't be pirating ROM's, that's all.

      EG, you can hack the software to allow third party replacement parts, but you can't wholesale copy the rom from one (better) device and put it on an baseline device by hacking it. This is within reason for things like automotive devices. It's not terribly reasonable for SmartPhones or SmartTV's as often the manufacturer puts new features in their new devices to entice you to upgrade (and thus throw perfectly working hardware in the trash) rather than put that same feature in last year's model that is more than capable of having it.

      This is one reason why Apple is the winner when it comes to smartphones because 7 generations of the phone can run the current version of iOS. Where as Android vendors rarely update the device at all.

    20. Re:Fix, not upgrade by Z00L00K · · Score: 1

      How about a gearbox replacement to a more robust one that don't break down just because you don't nurse it?

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    21. Re:Fix, not upgrade by Lennie · · Score: 1

      "modify the radio power output outside of manufacturer specs"

      Pretty certain you are not allowed to do that in the US because of other laws and regulations.

      --
      New things are always on the horizon
    22. Re:Fix, not upgrade by mysidia · · Score: 1

      Well, the action doesn't prohibit upgrades, necessarily.

      A major reason for arguing as right to "bring it back to original specifications" is to disarm
      an argument from manufacturers that DRM is essential to prevent independents from
      creating "counterfeits" or "converting and passing off generic hardware" as manufacturer's proprietary product.

      The argument goes something like this.... If the repair shop runs a bypass wire for a broken resistor or replaces
      a capacitor or video card, that computer ceases to be a genuine Mac and is now a "PC" being falsely passed off as a Mac.

      The argument is the purpose of repair is to bring an existing unit made by a manufacturer that fell out of working order
      back to working order with the same functional operation it had before, and if the functional behavior is the same as before;
      the unit is not a fake but a "repaired unit", and it's necessary consumers be allowed to do this without requiring manufacturer approval of
      the people or businesses that can perform the repair, the types of repairs made, or the
      techniques, tools, etc, allowed to be used, to avoid consumers being unreasonably gouged by manufacturers.

      Also, preferably: manufacturers should be prohibited from designing elements of a product marketed to general consumers or controlling or "keeping proprietary and secret" information about the released product if the affect is deterring repair or preventing easily removing user data for recovery --- for example: permanently gluing or soldering consumable or commonly field-upgradeable PC components such as batteries, flash media, hard drives, RAM chips, smart cards/security modules, etc, should be illegal, restricting access to tools, service documentation/ schematics, information on codes, or other backdoor procedures useful to reset/diag a unit, and other necessary means of diagnosis to company, company-certified, or partner repair facilities and personnel, keeping them hidden, restricted from sale, or charging a high price for tools, info or documents.

      The penalty for non-compliance should include automatic forfeiture from their owner of all copyrights and other proprietary rights regarding any materials about the electronics regarding the product, each electronic component contained within the product (Even those of 3rd parties, if for example, the board contains a chip made by or designed by a 3rd party), and any/all firmware or software ever contained within it that is involved with the unit and each component functioning according to its specifications.

    23. Re: Fix, not upgrade by jd · · Score: 1

      Then why are Microsoft products considered to be adding value?

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    24. Re: Fix, not upgrade by jd · · Score: 1

      It also depends on whose specification. The specification of the product on the box probably won't include features deleted.

      If you bought product X as specified on the box and literature, then hidden extras or hidden deletions aren't in the specification you were sold.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    25. Re: Fix, not upgrade by jd · · Score: 1

      It's probably going to hinge on specification.

      An alternate boot loader that loads the required system meets the specification for the bootloader you bought. Does this meet the requirements? Depends on whose specifications matter.

      Likewise for a router. If you bought a router that was advertised as having a specific list of protocols, but nothing else is stated, you might contend that replacing those protocols 1:1 is to the original specification.

      Specifications say the what and not the how, after all.

      But this might not fly with a judge, depending on how the law says to interpret concepts.

      You certainly wouldn't be able to replace IOS with Xorp, if IOS was expressly specified.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    26. Re: Fix, not upgrade by jd · · Score: 1

      Is the reverse engineering provision still in DMCA?

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    27. Re:Fix, not upgrade by Anonymous Coward · · Score: 0

      It has always been legal to repair your own stuff. The librarian just provides some guidance to idiots of the law.

    28. Re:Fix, not upgrade by AmiMoJo · · Score: 1

      Unless you try to cross a border... Border security in some countries has been known to use people's ripped music and movies against them, usually because they want to steal the device it's on or detain them for some other reason.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    29. Re:Fix, not upgrade by bobbied · · Score: 1

      Well.. You can break the DRM by reverse engineering to do that. I'm not sure what "sketchy means" is though. I'm also not sure if you can SELL the reverse engineered hack to others for a profit either... You might be able to reverse engineer and bypass the DRM in order to sell repair parts... It's all kind of vague to me.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    30. Re:Fix, not upgrade by KlomDark · · Score: 1

      What are you using to extract the MKVs from the BluRay? Is there a Handbrake plugin that I don't know about?

    31. Re: Fix, not upgrade by KlomDark · · Score: 1

      Or Apple with all their "holding it wrong" and "slow down the device when the battery gets old" stuff...

    32. Re:Fix, not upgrade by omnichad · · Score: 2

      I don't rip with Handbrake. I use MakeMKV. But then I re-encode the video stream with Handbrake.

    33. Re:Fix, not upgrade by Sloppy · · Score: 1

      It's a good thing that customers always figure out the specifications prior to purchases. Of course, it's unfortunate that the vendor's product doesn't always measure up to those specifications, but post-sale maintenance might be able to repair the shortcomings.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    34. Re:Fix, not upgrade by Anonymous Coward · · Score: 0

      What you're talking about is a right-to-repair law, not a copyright rule. All the copyright rule says is that hacking the DRM in order to repair or maintain (NOT modify or convert to some other use) a product will not be considered a DMCA violation.

      A lot of products have DRM-protected software and firmware in them that can prevent use of non-OEM parts. The manufacturers don't have to stop doing that according to this rule. But if you have to replace a part you can use any part with the same specifications, not just parts (unobtainium, possibly) from the OEM, and can modify the firm/software if needed to do that.

      This does NOT say that the OEMs have to offer repair instructions to anybody for free, or to allow anybody access to parts, or even to make the product repairable in the first place. This has no bearing on whether or not you can rip you DVDs or BDs. It does not prevent Apple from locking their phones to iOS - the OS is part of the original specifications. Arguably, if you buy a computer that comes with Windows, you might be on shaky ground using it with Linux.

      So the new rules are a good thing: you can now legally reverse-engineer the firmware if you need to replace some part and it won't work due to limitations in that firmware. But as I said at the start, this is not a right-to-repair rule.`

    35. Re:Fix, not upgrade by Big+Bipper · · Score: 1

      Notice the phrase "original specifications". I wonder if this means that a manufacturer can't remove a feature after the fact by forcing an upgrade. I'm thinking of Sony removing the "other O/S" on the PS3.

      --
      You live and learn, or you don't learn much.
    36. Re:Fix, not upgrade by AlwinBarni · · Score: 1

      Just do it, seriously. As long as you don't post a torrent somewhere, nobody's gonna bother you.

      Wasn't there a case in the US that someone was convicted of making personal copies (no selling, no publicly available) of something (sorry do not remember the details)?
      Asking being honestly curious.

    37. Re:Fix, not upgrade by Anonymous Coward · · Score: 0

      "librarians are the first LIEN in defense of our freedoms..."

      I see what you did there ...

  2. Thanks, Obama by Anonymous Coward · · Score: 1, Funny

    Thanks, Obama

  3. original specifications by Anonymous Coward · · Score: 1

    to make it work in accordance with its original specifications.

    And thus the next lawsuit will center on what exactly the original specifications are, with the industry in question claiming the unbroken DRM is part of it.

    1. Re: original specifications by jd · · Score: 1

      Sure. After it's modded, the DRM can be restored. It's now returned to original DRM spec.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  4. WOW, What's this mean for the PS3 by wildchild07770 · · Score: 2

    Since the whole debacle there supposedly started over removal of the third party OS option, which was an original feature they took away. Wouldn't this technically allow anything to be cracked if an "update" removed any functionality? I like it, just seems like this is HUGE.

    1. Re:WOW, What's this mean for the PS3 by fattmatt · · Score: 1

      PS3 ... it might me something to the 3 nerds left collecting these to run a Beowulf cluster.

    2. Re:WOW, What's this mean for the PS3 by BlueStrat · · Score: 1

      PS3 ... it might me something to the 3 nerds left collecting these to run a Beowulf cluster.

      In Soviet America, Beowulfs cluster YOU!

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    3. Re:WOW, What's this mean for the PS3 by Anonymous Coward · · Score: 0

      Video Game Systems were specifically excluded.

    4. Re:WOW, What's this mean for the PS3 by Bert64 · · Score: 4, Interesting

      And the linux feature was originally added to the ps3 so sony could claim it was a general purpose computer and not a single purpose games console, in order to circumvent restrictions in place somewhere...

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    5. Re:WOW, What's this mean for the PS3 by omnichad · · Score: 1

      And the US Air Force

    6. Re:WOW, What's this mean for the PS3 by Anonymous Coward · · Score: 0

      Taxes in the UK, specifically. General purpose computers got taxed lower, hence why Sony made that move.

    7. Re:WOW, What's this mean for the PS3 by Anonymous Coward · · Score: 0

      It would have been when the PS3 was new.
      The hardware is getting aged and building a HTPC that outperforms it isn't that expensive.

      Since it is no longer the high end the applications you are going to use it for are probably something that you can do on a Raspberry despite it being slower.

    8. Re: WOW, What's this mean for the PS3 by Anonymous Coward · · Score: 0

      It would be nice to enforce by law Buyers of Hardware RIGHT to install their own software.

      Replace the OS on your phone or tablet with your own custom OS.

      Software corporations are using tgeir 'terms of service' as political weapons to shut down systems of people with minority or different views.

      Ultimately to preserve free speech, the law must preserve Free Choice in software...

  5. What about those CA right-to-repair laws? by Tinsoldier314 · · Score: 1

    Wasn't there an article about right to repair laws in California that passed recently but were pretty pathetic and written in favor of manufacturers? Is that whole issue moot now?

    1. Re:What about those CA right-to-repair laws? by evanh · · Score: 2
    2. Re:What about those CA right-to-repair laws? by Tinsoldier314 · · Score: 1

      https://yro.slashdot.org/story...

      https://yro.slashdot.org/story...

      Yup, those are the ones. If Federal copyright law is going to assert that you have a right to repair then doesn't that supersede those agreements? From the first one you linked:

      The agreement will not allow farmers to buy repair parts, break firmware DRM, or otherwise alter software for the purposes of repair.

      Although it's weird how TFA says:

      Previously, it was legal to hack tractor firmware for the purposes of repair;

      When the linked articles above suggest otherwise.

  6. What about violating patents? by mykepredko · · Score: 1, Interesting

    I would think that DRM is only part of the equation - if you "hack" the firmware, isn't there a good chance you'll be illegally using somebody's patent somewhere (especially if you are a third party, ie repair company).

    You may think this will work in your favour comin' but I think you gotta watch yourself goin'.

    1. Re:What about violating patents? by es330td · · Score: 3, Insightful

      isn't there a good chance you'll be illegally using somebody's patent somewhere (especially if you are a third party, ie repair company)

      IANAL but it seems that if a person originally had a right to use a copy of the original software/firmware then even if modified the remaining original software still carries that license. A person could not then transfer it elsewhere but if Device A could use software modules B, C & D then device A could still continue using modules B & D even if C was modified or replaced.

    2. Re: What about violating patents? by Anonymous Coward · · Score: 0

      You only violate patents by using a patented invention commercially. Anyone is free to replicate patent after patent all day long, so long as they dont take anything of value in exchange for it.

    3. Re:What about violating patents? by Anonymous Coward · · Score: 0

      IANAL but aren't patent violations only applicable if you intend to 'sell' a product. How can using someone else's patented idea for your own personal use result in a patent violation that can be prosecuted? Where is the harm?

    4. Re: What about violating patents? by aitikin · · Score: 1

      No, technically a patent violation claim can be made any time you make, use, sell, or offer to sell the product without the patent holder's permission (often in the form of an authorization or license).

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    5. Re:What about violating patents? by Anonymous Coward · · Score: 0

      If the patent is about a device to manufacture something. and a factory would implement the patent for its own use, it could still profit from the patent even if it didn't sell the patented device.

      However some patent holders have been abusing this. Especially in the mobile phone and video encoding industry.
      For example Apple's problem with patent holders of radios, all of a sudden claimed that Apple needed to be licensed for using a radio-chip (where the manufactorer of that chip was already paying the license), simply because pantent law allows separate licenses for each and every fabricate, sell and use step.

      For the video encoding, h264 patents for example requires royalties to be payed for any successful movie that every touched the h264 codec. For example if you use a h264 camcorder to record a fanfic, and the fanfic becomes successful, even though you never show the movie using h264 you will need to pay for a license. And this particular example actually happened too.

    6. Re: What about violating patents? by bobbied · · Score: 4, Informative

      No, technically a patent violation claim can be made any time you make, use, sell, or offer to sell the product without the patent holder's permission (often in the form of an authorization or license).

      True, but if you don't cause the patent holder any verifiable financial damages what can they sue you for? If you are just using it personally, from a device you built yourself, how does that damage them? You didn't buy the device from a licensed manufacturer and denied them the royalties?

      Civil law is pretty clear, actual damages is all you get to collect. Punitive damages are only for outrageous behavior, which if you where only using the patent for personal use, is unlikely to be considered outrageous.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    7. Re:What about violating patents? by Darinbob · · Score: 1

      You can already avoid strict copyright rules in some cases called "fair use". This new rule would seem to extend fair use to cover repairs.

      For patents, those just give a limited term monopoly on the right to profit off of an invention. This wouldn't seem to be applicable here since a repair shop is not creating and selling new tractors or phones using someone else's patents.

    8. Re:What about violating patents? by Dragonslicer · · Score: 1

      I would think that DRM is only part of the equation - if you "hack" the firmware, isn't there a good chance you'll be illegally using somebody's patent somewhere (especially if you are a third party, ie repair company).

      You may think this will work in your favour comin' but I think you gotta watch yourself goin'.

      It's highly unlikely that repairing a device would be considered "making" the device, and a repair shop isn't selling your device (even if there wasn't the Doctrine of First Sale), so the only possible patent violation would be using the device. Since you legally purchased the device, you also have an implicit license to use any of the manufacturer's patents for that device.

    9. Re: What about violating patents? by aitikin · · Score: 2

      No, technically a patent violation claim can be made any time you make, use, sell, or offer to sell the product without the patent holder's permission (often in the form of an authorization or license).

      True, but if you don't cause the patent holder any verifiable financial damages what can they sue you for? If you are just using it personally, from a device you built yourself, how does that damage them?

      Technically, punitive damages are easily obtain in patent court thanks to Halo Electronics v. Pulse Electronics. I doubt it would happen, but legally speaking, it's a possibility.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    10. Re: What about violating patents? by Anonymous Coward · · Score: 0

      IANAL, neither are you though - with patent law, willful infringement is the standard. And here, you are admitting that you know about the patent. I think the multiplier used for willful infringement is 3x.

      https://www.upcounsel.com/will...

      For patents, lost profits means the amount of money the patent owner lost due to the infringement. Thus, the patent owner must prove that the infringement caused the lost profits. If the patent owner cannot make such proof, it is entitled to reasonable royalty damages.

      So most likely, your exposure would be limited to 3x a reasonable royalty on the normal sale price of the product. Whatever that is. In reality, as long as you don't advertise it you won't get caught most likely.

    11. Re:What about violating patents? by NormalVisual · · Score: 1

      For patents, those just give a limited term monopoly on the right to profit off of an invention.

      In the U.S., 35 USC 21(a) says, "Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent"

      Patents don't just give the owner a monopoly right of profit - they also make it illegal to roll your own for your personal use. Whether you'd actually be prosecuted for it is a different question, but the patent holder would still have the right to shut you down if they found out. Example - suppose you make widgets, and a patented manufacturing process appears that can cut your production cost in half. Unless you get a license from the patent holder, you're not allowed to use that process, even if you do it entirely in-house and don't share with anyone.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    12. Re: What about violating patents? by dannydawg5 · · Score: 2

      You caused them damage because by repairing the old device, you did not have to buy a replacement product. In short, you saving yourself money causes financial damage.

      If you think that argument is utter nonsense, I invite you to take a look at this 1942 Supreme Court case:
      https://en.wikipedia.org/wiki/...

      TLDR: A farmer grew his own wheat on his own farm to feed to his animals. U.S. sued him for dodging wheat growing limits. Farmer argued that the wheat was not bought nor sold and is thus not interstate commerce. The Court said by growing his own food, he was doing economic damage because he was no longer required to buy and thus is effecting interstate commerce. Farmer lost.

    13. Re: What about violating patents? by bobbied · · Score: 1

      No, technically a patent violation claim can be made any time you make, use, sell, or offer to sell the product without the patent holder's permission (often in the form of an authorization or license).

      True, but if you don't cause the patent holder any verifiable financial damages what can they sue you for? If you are just using it personally, from a device you built yourself, how does that damage them?

      Technically, punitive damages are easily obtain in patent court thanks to Halo Electronics v. Pulse Electronics. I doubt it would happen, but legally speaking, it's a possibility.

      And as I said above, punitive damages are for punishing egregious bad behavior. Using a patent for private use without a motive for profit is unlikely to draw a punitive damage award and for most of us, civil litigation is kind of pointless anyway. Civil judgments don't survive bankruptcy, they cannot take your retirement accounts, your primary home, your car and personal effects so all they can get is what you can basically lay your hands on or sell to raise cash. For most of us, that wouldn't cover the legal fees. There is no incentive to sue, if you cannot collect anything.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  7. Still rather bastardized... by blahplusplus · · Score: 3, Informative

    ... you can bet companies will still fight tooth and nail to get around this shit. Just like now game companies can take advantage of mass public ignorance and high speed internet to legally reclassify all new games as "services". Just as with the new Assasins creed because they control the software from the point of production and their customers are 100's of miles away.

    https://www.dailydot.com/layer...

    1. Re:Still rather bastardized... by Darinbob · · Score: 3, Insightful

      Of course. At the moment most DRM is intended as a means to restrict customers from exercising their legal rights to use the product - eliminating fair use, forbidding resale, forbidding time shifting, etc. This is the primary difference between DRM and copy protection.

  8. does this apply to manuals & repair tools as w by Joe_Dragon · · Score: 2

    does this apply to manuals and repair tools as well?

    As apple can say that some repair (MANUALS / schematics) are DRM locked.

    also with cars / tractors same with the software that you need to run on a different system.

    also the original specifications makes it so they can SAY repair parts / tools / manuals are DEALER ONLY! or even the device in the first place is DEALER ONLY repair.

  9. Who cares what's legal by Anonymous Coward · · Score: 0

    The law is an ass. The process which creates it is corrupt and serves only the rich.
    Fuck copyright. Fuck DRM. You should hack, crack, and take whatever you want, without a second thought.

  10. does this include by Anonymous Coward · · Score: 1

    blocking/circumventing blu ray key revocation lists so that older discs will once again play?

    Playing the media you purchased sure sounds like restoring a device to its intended function...

    While they're at it, maybe they can require vendors to provide keys/unlocked boot loaders for all devices at time of EOL/abandonment. Would make lots of phones and other electronics have a much longer useful life.

  11. Oh, good by 93+Escort+Wagon · · Score: 1

    Most of my DVDs and Blu-Ray discs are broken - whenever I play them, they insist on running 6-10 minutes of unskippable commercials before I can watch the main feature! I guess this means I can legitimately rip them to fix the Macromedia (or whatever it's called now) infection.

    --
    #DeleteChrome
    1. Re:Oh, good by aaarrrgggh · · Score: 1

      I was wondering if it gives you latitude to recover content you paid for that you "lost" by the provider changing their terms.

  12. Do I have to do it myself though? by DigitAl56K · · Score: 1

    Does this allow someone to actually distribute a tool to enable breaking DRM for these purposes? Because it's all very well that you can break DRM, but it's totally toothless if each individual must do so themselves, as very few actually have the skills at time to do so.

    1. Re:Do I have to do it myself though? by Sloppy · · Score: 1

      Does this allow someone to actually distribute a tool to enable breaking DRM for these purposes?

      Nope. The Librarion of Congress does not have that power; they can mess with 1201(A)(1) but can't do anything about 1201(A)(2).

      Thus: You can patch the software, but creating the patch is still illegal. Importing the patch is illegal. Trafficking in the patch or offering it to the public is still illegal. But if you magically have the patch ex nihilo (you didn't write the patch nor did you get it from someone else) then yes, you're allowed to use it. ;-)

      The LoC exemptions are virtually worthless and were not intended as a real concession for fair use. Anyone celebrating this stuff has been conned.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    2. Re:Do I have to do it myself though? by Anonymous Coward · · Score: 0

      Why is the patch file dated 2017-12-25 00:00:00 and system logs say the system was off at the time?

  13. Library of congress by fish_in_the_c · · Score: 1

    When and how did the library of congress get the responsibility for interpreting copy right laws?
    Is that something in the DMCA?

    --
    âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    1. Re:Library of congress by aitikin · · Score: 2

      1870 when the Librarian of Congress centralized copyright functions and then the Copyright Office became its own department in 1897. As for the frequency of these interpretations, section 1201 of the DMCA provides for exemption petitions to be heard. A little more detailed link on the original story.

      --
      "Don't meddle in the affairs of a patent dragon, for thou art tasty and good with ketchup." ~ohcrapitssteve
    2. Re:Library of congress by Anonymous Coward · · Score: 0

      When and how did the library of congress get the responsibility for interpreting copy right laws?

      "Article I Section 8 | Clause 8 – Patent and Copyright Clause of the Constitution. [The Congress shall have power] “To promote the progress of science and useful arts, by securing for _limited_ times to authors and inventors the exclusive right to their respective writings and discoveries.”" (Emphasis on "limited" is mine.)

      This is one of the few cases where the Constitution is specific as to Business Law. The intention was that Congress control Copyright Law and then Public Domain, and the enabling Legislation set up the Library of Congress, not the Library of the United States or any individual States. The original terms for Copyrights and Patents varied from State to State, but were then set across the States for 14 years or death, whichever came first, and then Copyright passes to the Library in Public Domain Trust for all States.
      Assignment of Copyrights at that time were between Authors and Printers; the Immortality of Publishers did not yet exist. But they did by 1831, when the basic Copyright term was extended to 28 years with an automatic 14 year extension, for Rights that were _Assigned_ to Publishers regardless of the original Author's death.
      Publishers have always sucked.

    3. Re:Library of congress by fish_in_the_c · · Score: 1

      thanks for the answer, I'll add that to my long list of things that should be fixed. Our legislature should not be delegating so much authority to bureaucrats.

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
  14. How about video games? by rsilvergun · · Score: 3, Interesting

    lots of games don't work anymore because of DRM. Especially multiplayer games.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:How about video games? by dissy · · Score: 4, Informative

      The final ruling document isn't due to publish until tomorrow, but here is the 2018 exemptions ruling:
      (PDF warning)

      https://s3.amazonaws.com/public-inspection.federalregister.gov/2018-23241.pdf

      Scroll down to page 19

      #8 Video games requiring server communication - for continued individual play and
      preservation of games by libraries, archives, and museums

      applies to discontinued game servers

      Page 52 has some other limited uses of stripping drm on games specifically for preservation by a limited class.
      Likely won't apply to you and I, but would to the internet archive for instance.

      Basically pages 15-20 detail the various software exemptions but not games related.

    2. Re:How about video games? by Frederic54 · · Score: 1

      > Basically pages 15-20 detail the various software exemptions but not games related.

      Well, a game is a software

      --
      "Science will win because it works." - Stephen Hawking
    3. Re:How about video games? by Anonymous Coward · · Score: 0

      I know what you are saying, but I have to disagree:

      https://www.catan.com/game/catan

      Pedant on principle.

    4. Re:How about video games? by dissy · · Score: 2

      Basically pages 15-20 detail the various software exemptions but not games related.

      Well, a game is a software

      I didn't say games can't be software, I said the other software entries are not games related :P

      #3. Computer programs - "unlocking" of cellphones, tablets, mobile hotspots, or wearable devices
      #4. Computer programs - "jailbreaking" of smartphones, smart TVs, tablets, or other all-purpose mobile computing devices
      #5. Computer programs - diagnosis, repair, and lawful modification of motorized land vehicles
      #6. Computer programs - security research
      #7. Computer programs - 3D printers

      While I would fully expect some slashdot reader out there has or is attempting to get Doom 3 installed on their cars ECU to control cylinder firing timings, most of these new items do in fact mention the "to make it work in accordance with its original specifications" bit or similar.

      I'm not sure what a judge would think of someone making such a claim. All I do know is I wish I could be there when they tried :P

  15. Securom? by ChoGGi · · Score: 1

    Computer programs that are contained in and control the functioning of a
    lawfully acquired smartphone or home appliance or home system, such as
    a refrigerator, thermostat, HVAC or electrical system, when
    circumvention is a necessary step to allow the diagnosis, maintenance or
    repair of such a device or system, and is not accomplished for the purpose
    of gaining access to other copyrighted works.

    Securom/Denuvo is contained in and controls the functioning of video games...
    Ah who am I kidding.

  16. "orginal specifications" by vanyel · · Score: 1

    Limiting to "original specifications" is a major loophole and could be used to block performance improvements (in both vehicles and electronics) or ability to work with new formats of content or peripherals (the latter also applies to vehicles [I'm thinking of attachments to tractors, but it applies more generally as well] as well as electronics).

    1. Re:"orginal specifications" by MooseTick · · Score: 1

      I bet this is geared around keeping people from breaking cripple-ware that keeps working hardware from fully functioning without the manufacturer getting some extra $$.

    2. Re:"orginal specifications" by magzteel · · Score: 3, Insightful

      Limiting to "original specifications" is a major loophole and could be used to block performance improvements (in both vehicles and electronics) or ability to work with new formats of content or peripherals (the latter also applies to vehicles [I'm thinking of attachments to tractors, but it applies more generally as well] as well as electronics).

      I think the intent is to prevent unlocking features that require an additional charge to the vendor.

      I suppose it could also apply to something like an engine ECU re-flash that alters performance. That one is thorny because those changes can increase emissions too, which could be illegal. Poorly done ECU tuning can also damage the engine.

  17. Probably depends on the advertising by raymorris · · Score: 2

    Courts rule in the specific facts of individual cases, and we can only predict what the ruling might be. Having said that:

    If you distribute it for that legitimate, lawful purpose, and all of your messaging (marketing etc) points to a lawful purpose, you'd probably be fine.

    On the other hand, if you have a web site where you advertise "steal Hollywood movies", your internal emails talk about paying people to use the tool for unlawful purposes, you make millions of dollars from people using it unlawfully, and you get a custom license plate that says "guilty", you're probably going to have a bad time in court.

  18. Only if it's bug-compatible with IE by raymorris · · Score: 2

    Normally, the specifications for how the software should behave wouldn't specify that it should be buggy.

    A notable exception is several software products were designed to be compatible with / emulate Internet Explorer, specifically including emulating some of its more important bugs.

    There may be decisions made in which the designers chose something they thought was good. You think it's bad, so you call it a bug. "Fixing" (changing) that probably wouldn't be restoring it to its original specification, though if there is a written standard such as http it could be argued that the standard is rhe specification for how an http client or server should behave.

  19. Remove DRM? by AHuxley · · Score: 1

    Different part of the US gov finds that to be counterfeiting!
    Won't someone think of the brand!

    --
    Domestic spying is now "Benign Information Gathering"
  20. something like that also most made it to trail wit by Joe_Dragon · · Score: 1

    something like that also most made it to trail with a chance for some big chilling effects or may be would of been an help to right to repair.

    We need a case to test if an OEM can force some one to pay an added fee just to get the rights move the old software/firmware for an device from the old storage media to different storage media.
    OR is ok from them to change $$ for an recovery image / block people from shearing the files / roms / iso's / etc to other to help them fix it.

  21. FA by AndyKron · · Score: 1

    Except Apple products, right?

  22. what an making an script that takes say rom's chd' by Joe_Dragon · · Score: 1

    what an making an script that takes say rom's chd's etc and dumps them out to real hardware??

    For EX say get the mame rom set + CHD for X and run this script to load your USB KEY with the usb dongle code so you can fix your device?

    Just say get the roms but do not say where to get them?? Or can the law let you host files for repair use?

  23. Doesn't allow hacking by imcdona · · Score: 1

    The new rules state "to a state of working in accordance with its original specifications" In other words, you can't hack the DRM to remove an annoying "feature" of said device.

    1. Re:Doesn't allow hacking by Anonymous Coward · · Score: 0

      "original specifications"... Apple will only have to tighten the specs of a single component to such a precise value and tolerance that aftermarket mfg's can't easily copy.

    2. Re:Doesn't allow hacking by technosaurus · · Score: 1

      Like not having a functional keyboard, bending or separating frames, dropping signals if "held wrong", slowing down upon update, randomly overheating and rebooting or even literally melting down... Most reputable aftermarket repair shops would not be willing to repair to Apple's original specifications.

    3. Re:Doesn't allow hacking by Anonymous Coward · · Score: 0

      I am a computing professional with a computing degree. I do not hack, I reprogram.
      Also the fools have forgotten a lot of this DRM crap impairs people with disabilities, including blind people.
      Germany has Masters. When say Apple says 'Dealer only' the Germans will make offenders comply with the law.

    4. Re: Doesn't allow hacking by jd · · Score: 1

      Is the feature specified or undocumented?

      If the latter, it's not in the specifications.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  24. RAY MORRIS THE NAZI FAGGOT PUSHED NAZI PROPAGANDA by Anonymous Coward · · Score: 0

    RAY MORRIS THE NAZI FAGGOT PUSHED DEBUNKED NAZI PROPAGANDA AFTER CORRECTION - https://tech.slashdot.org/comments.pl?sid=12520486&cid=57184660 LYING FAGGOT RAY MORRIS = TRASH

  25. Includes tractors sorry John Deere by Anonymous Coward · · Score: 2, Interesting

    A win for farmers who were very upset with Deere not allowing owners of their tractors to service them. Something many farmers do on a regular basis. I think anyone should have a right to use whomever to repair their products.

  26. If you say "go do something unlawful" by raymorris · · Score: 1

    > mame rom set + CHD
    > Just say get the roms but do not say where to get them??

    "Don't say where to get them" isn't going to help you.
    If you tell people to use your DRM-breaking tool to do unlawful things, you're probably breaking the law by distributing the tool for that purpose.

    Re-loading factory firmware unto legitimate factory devices seems a fairly small niche. You'd need to show that it's a "substantial non-infringing use" vs the infringing use.

  27. I'm an absolutist on property ownership by Anonymous Coward · · Score: 0

    I take a very absolutist position on property ownership. If you own something tangible (not rent, not lease, but own outright) you own everything about it and can do anything you want with it. That includes the individual copy of the software that is part of the hardware. If you own the hardware but it is illegal to modify it in any way you like, you don't actually own it. If you buy a piece of hardware that has DRM or mandatory signed firmware, you don't actually own the hardware. We need legislation that declares absolute ownership of hardware that you purchase, including everything required to operate that hardware such as a copy of the software. It needs to be illegal for required firmware to be "licensed, not sold" or to have a manufacturer kill switch of any sort that renders the hardware useless, including any form of mandatory online activation.

  28. Re:does this apply to manuals & repair tools a by Darinbob · · Score: 1

    DRM locked goes above and beyond what copyright allows. Apple can say that no one is allowed to buy a repair manual, but they cannot forbid someone who already owns a repair manual from giving it to someone else (as long as no copy is made). The DRM is intended to prevent giving or reselling the manual to anyone else.

    Original specifications does not mean the EULA. The specifications means what the product is intended to do. And in the event that companies change their specifications to have exclusions, I would suspect that the courts would weigh in on this. Of course, the companies could just rewrite the laws by buying legislators, but by that's quite a lot more than merely changing some wording on a slip of paper in the box.

  29. the US Air Force can just bypass DMCA in full by Joe_Dragon · · Score: 1

    the US Air Force can just bypass DMCA in full

  30. unlawful to reapir (with paying $$$ again for soft by Joe_Dragon · · Score: 1

    unlawful thing unlawful to reapir outside of what OEM wants or what some 3rd party IP rights owner wants you to pay????
    Why should I have to be paying $$$ again for software that I own but need to replace / reload / put in an VM due to failed hardware?

  31. It's a bot someones testing, I'd say. by Grog6 · · Score: 1

    Kinda like the GNAA ones from years ago.

    --
    Truth isn't Truth - Guliani
  32. Does that mean... by Grog6 · · Score: 1

    That since Vlad Putin OWNS Donald Trump, he can use him as his personal fleshlight? :)

    --
    Truth isn't Truth - Guliani
  33. or maybe make it rent = owner pay for repairs! by Joe_Dragon · · Score: 1

    or maybe make it rent = owner pay for repairs!

  34. But writing software IS a service, not a product. by Anonymous Coward · · Score: 0

    And the software *itself* is neither a product nor a service. Just like somebody painting a room is a service, but "act of painting" itself is not a service, nor a product. Let alone "owned" by the craftsman. No, everybody can walk in and feast their eyes on the walls, without having to pay for a "license", every time he does. For free! Obviously!

    The problem is, that they don't just take their pay once, for doing the work of writing the software once, but think they can just demand money again and again, even though they haven't worked again and again. Which is precisely like me trying to pay with copies of the same $100 bill that I earned, again and again.
    Only because people are so clueless, can this outrageous shit even fly.

    OK, actually it's even worse, since they aren't even doing the work! They are telling others to do the work. And *they* are actually only paid once!

    The software *itself* is not related to the work, and obviously is free, since it's physically impossible to let somebody consume your secret information. The act of letting somebody know, by definition makes it not a secret anymore. Yeah, with a neat trick you could show somebody that it exists, without giving the secret out. But zero-knowledge "proofs" actually only give out bits of the whole. Which make it likely that you have that the whole information, but in reality, all you are actually guaranteed to get, are those small bits you got with this! And those still are leaked. So it's merely mathematical snake oil.

  35. Re:does this apply to manuals & repair tools a by AmiMoJo · · Score: 1

    I'd guess not. The US tends to focus on "passive" freedom, as in you have the right to repair it but no-one has to help you do it. There are some exceptions, like cars have to have standard diagnostics systems and manuals/software must be available, but mostly it's just "they can't stop you, but can do anything they like to make it as difficult as possible".

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  36. So we can't "fix" cameras or printers? by Anonymous Coward · · Score: 0

    So we can't "fix" cameras or printers that we legally purchased to do all that the hardware can, just what the manufacturer decided they wanted us to use.

    So people can't fix Tesla's self-driving to make it safer. That's BS.

    What if we remove features like GPS tracking or "telemetry", as Microsoft calls it, from our devices? Lawsuit? So, we can block the signals from outside, but we can't disabled the option in the firmware. That's BS.

  37. F#$k that ruling by Anonymous Coward · · Score: 0

    But you still can't fix your XBox or Playstation... only the listed devices (not your airplane or boat).

    This is a good example where ignoring the law is fully justified.

  38. Notice the Word "Proposed" by tmjva · · Score: 1

    The "proposal" will never get off the ground.  The corporate fix will be in and they will get to the Librarian who will mysteriously retire well above his means.

    (Unless the "Librarian" is the one from the movie and series, then the corporate shills will get their comeuppance.)

    --
    Tracy Johnson
    Old fashioned text games hosted below:
    http://empire.openmpe.com/
    BT
  39. The original spec blocks my wishlist item by Anonymous Coward · · Score: 0

    I _HATE_ the engine run/stop feature that is built in to most new gasoline powered vehicles in the USA. Some manufacturers (such as Dodges and Jeeps) allow you to disable this feature with a button, but it doesn't "stick" (ie you have to press the button with every engine start if you want it disabled.)
    I have yet to find a engine "programmer" that will allow you to set the button to remember the last setting (or just default to OFF) and strongly suspect they can't due to DMCA restrictions.

  40. Re: Fix, not upgrade Slowed iPad by Anonymous Coward · · Score: 0

    Old iPhones and iPads worked fast & snappy when purchased. But even if wiped clean, the "Updates" are slower, the apps are broken, there is no way to enforce version control, things people PAID for just no lobger work.

    Because of this, I stopped purchasing all Apple products.