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