In the coming weeks, the U.S. Librarian of Congress is expected to issue a ruling about who is allowed to repair the car you have parked in your driveway. Yes, the one you might have finished paying for in full. The one you can finally call your own. Or can you? If General Motors and their legal team have their way, that set of wheels bearing the GM emblem and internal technologies might still be considered property of the manufacturer. In the eyes of some members of the Auto Alliance (which includes GM), what you bought from the dealership was simply a licensing agreement giving you the right to utilize the automobile company’s intellectual property. After all, what makes the car function is the proprietary software developed—and owned—by the original equipment manufacturer (OEM).
The Digital Millennium Copyright Act of 1998 was passed partly in order to protect the rights of creators of original music and literature. Every three years, the Librarian of Congress reviews this law and holds a hearing to consider any proposed exemptions; this time around, they are deliberating whether Section 1201 of the DMCA would prevent car owners from repairing their own vehicles or even from bringing them to a local mechanic for diagnosis. At the hearing last month, trade associations and consumer advocates lobbied for exemptions that would allow independent mechanics and individual “gearheads” to repair, customize, or otherwise make adjustments to vehicles without committing a legal offense. GM and other OEMs are hoping that the Copyright Office is not so generous, and claim that any alteration to the original inner workings of a vehicle presents not only a violation of the automaker’s IP rights, but also a serious risk of security issues or equipment failure.
With most vehicles running on electrical computer components nowadays, a car is essentially a high-tech computer on wheels. The amount of software and coding that goes into each electronic element of a vehicle makes it “the ultimate mobile device,” according to some. Just as unlocking or “jailbreaking” one’s smartphone voids any warranty on the device, the auto companies involved in this copyright hearing see any unauthorized modification of the internal workings of their cars as tampering with their proprietary technology. In other words, that neighbor who enjoys tinkering with his Ford in his garage might actually be found guilty of copyright infringement, unless the Librarian of Congress decides to grant the relevant exemptions this summer.
The Digital Millennium Copyright Act of 1998 was passed partly in order to protect the rights of creators of original music and literature. Every three years, the Librarian of Congress reviews this law and holds a hearing to consider any proposed exemptions; this time around, they are deliberating whether Section 1201 of the DMCA would prevent car owners from repairing their own vehicles or even from bringing them to a local mechanic for diagnosis. At the hearing last month, trade associations and consumer advocates lobbied for exemptions that would allow independent mechanics and individual “gearheads” to repair, customize, or otherwise make adjustments to vehicles without committing a legal offense. GM and other OEMs are hoping that the Copyright Office is not so generous, and claim that any alteration to the original inner workings of a vehicle presents not only a violation of the automaker’s IP rights, but also a serious risk of security issues or equipment failure.
With most vehicles running on electrical computer components nowadays, a car is essentially a high-tech computer on wheels. The amount of software and coding that goes into each electronic element of a vehicle makes it “the ultimate mobile device,” according to some. Just as unlocking or “jailbreaking” one’s smartphone voids any warranty on the device, the auto companies involved in this copyright hearing see any unauthorized modification of the internal workings of their cars as tampering with their proprietary technology. In other words, that neighbor who enjoys tinkering with his Ford in his garage might actually be found guilty of copyright infringement, unless the Librarian of Congress decides to grant the relevant exemptions this summer.