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