In the sixth triennial proceeding to determine Digital Millennium Copyright Act (“DMCA”) exemptions, the Copyright Office adopted an Exemption concerning the electronic control unit (“ECU”) software found in automobiles and agricultural vehicles.
The new exemption permits owners and Independents Mechanics And Garages to circumvent the technological control measures (TMPs) found in ECU software for the purpose of diagnosing, repairing, and modifying their vehicles. In light of important public health, safety, and environmental concerns raised by opponents.
The Adopted Exemption
After weighing the arguments of the opponents and proponents of the vehicle software exemption, the Copyright Office adopted the following DMCA exemption:
Computer programs that are contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle or mechanized agricultural vehicle, except for computer programs primarily designed for the control of telematics or entertainment systems for such vehicle, when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair or lawful modification of a vehicle function; and 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;
2018 Update :
MEMA reiterated its support to renew current exemptions that allow greater access to vehicle software for diagnostic and repair services by independent repair providers.
MEMA’s July 22 comments were in response to the U.S. Copyright Office initiation of the first phase of its eighth triennial review proceeding under the Digital Millennium Copyright Act (DMCA). The DMCA allows for temporary exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works.
Prior to 2018, the repair exemption for vehicle software had only applied to vehicle owners. During the previous, seventh triennial review, MEMA was successful in getting the Copyright Office to expand the vehicle repair exemption to allow for third-party providers to service vehicles on behalf of owners.
Our Services include collecting and arranging repair and diagnostics data that available online and that is solely to help our customers to use their legal rights by law to diagnose repair or any other task that required for normal operation of their vehicle, therefore we are not infringing any copyright law what so ever and We are NOT violating any DMCA Policy or law.
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