In a recent submission to the U.S. Copyright Office (USCO), the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) expressed their support for regulations that would empower consumers and businesses to repair their own products. The agencies further affirmed their commitment to promoting competition.
A joint press release by the FTC and DOJ reveals that the Copyright Office is currently considering a recommendation to the Librarian of Congress. This recommendation involves renewing and expanding temporary repair-related exemptions to the Digital Millennium Copyright Act’s prohibition against circumventing technological protection measures, or TPMs, which control access to copyrighted content.
The press release also states that according to both FTC and DOJ, renewing and expanding these exemptions would stimulate competition in markets for replacement parts as well as repair and maintenance services. Additionally, it would encourage competition in markets for repairable products.
"Promoting competition in repair markets benefits consumers and businesses by making it easier and cheaper to fix things they own. Expanding repair exemptions can also remove barriers that limit the ability of independent service providers—including small businesses and entrepreneurs—to provide repair services," said FTC and DOJ.
To safeguard copyrighted works, manufacturers have adopted technology protection measures such as software locks that restrict access to computer maintenance hardware and software programs, according to the press release. In their comment, FTC and DOJ argued that restrictions on access to data and software necessary for repair and maintenance can be exploited by companies to inhibit competition for replacement parts as well as repair and maintenance services.
