Is Consumer Auto Repair A Violation of Copyright?

According to a powerful group of automakers, consumers shouldn’t be allowed to tinker with their cars. This report comes after numerous reports that indicate the Association of Global Automakers would like to prevent driveway mechanics from working on their car. Specifically, if consumers work on their own cars those efforts could violate the Digital Millennium Copyright Act. The U.S. copyright office is looking at a provision in the act to determine if the vehicle ECU and computer systems are protected intellectual property and should be protected under the law from modification.

The Association of Global Automakers has submitted a request to the U.S. copyright office “not to exempt” vehicle software, the diagnosis, repair and modification thereof from protections under the Digital Millennium Copyright Act. Part of their submission reads, “Permitting unauthorized access for purposes of modification of the software, is likely to have uniquely long-lasting and far-reaching, harmful effects.” The concern on the part of this group of automakers, which includes Honda, GM, Ford, Toyota, Subaru and BMW among others, is that consumers will attempt to work on their vehicle computer system and unintentionally make the vehicle less safe. A latter part of their request to the copyright office reads, “Even a well-meaning change by an owner or service provider could have significant consequences, up to and including the potential to create safety and emission non-compliance.”

It seems that the fear on the part of the Global Automakers group is the potential legal ramifications of allowing consumers or perhaps certain repair shops to working on computerized vehicle electronic systems. Vehicles are becoming more advanced than ever before and the concern seems to be whether consumers and certain repair facilities will be able to understand complex vehicle systems. The solution on the part of the Association of Global Automakers appears to be to make it illegal to tinker with complex electronic vehicle systems under copyright law.

This request on the part of automakers is facing opposition. The concern is that automakers want to limit the ability for consumers and repair shops to work on highly computerized vehicles and thus create a repair monopoly. The Electronic Frontier Foundation is behind a petition to allow consumers access to their vehicle systems so long as they don’t interfere with vehicle emissions, safety or copyright laws. The EFF wants to leave regulation of vehicle code and repair to, “specialized agencies, who understandably have not seen fit to issue a blanket prohibition against vehicle owners’ doing their own repairs and safety research.”

Should consumers be allowed to work on their own cars? Theoretically, if they could do so without harming vehicle systems, should copyright laws bar such actions or should a federal government safety agency such as the NHTSA, which governs safety govern personal vehicle repair?