Dan Jasnow with ArentFox Schiff, and representing MEMA Aftermarket Suppliers, testified at the Ninth DMCA Triennial Rulemaking on Thursday in support of the proposed Class 7 Exemption, a MEMA effort that would give consumers greater access to their vehicle’s data for repair and maintenance.
Initially proposed by MEMA, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) expressed strong support for the proposed Class 7 Exemption, with both agencies noting the necessary vehicle data can be accessed without increasing cybersecurity risks.
As vehicles incorporate new technologies, the need for operational and telematics data access has never been more pressing. The Class 7 Exemption would allow vehicle owners to view and share necessary vehicle data with repairers of their choice, helping ensure access to safe, affordable, and convenient vehicle repairs. In his testimony, MEMA says Jasnow highlighted the increasing costs and extended wait times plaguing the automobile repair industry, noting a 20% increase in repair costs over the past year alone. By allowing vehicle owners to share essential data, such as real-time service alerts and vehicle performance metrics with their chosen service providers, MEMA says the Class 7 Exemption promises to reduce repair costs and improve service efficiency.
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"Consumers’ ability to access their vehicle and operational data will pose minimal threat to the rights of copyright holders yet yield numerous benefits for the repair industry and car owners,” said Jasnow before the U.S. Copyright Office. He also addressed concerns about vehicle safety, reassuring that any exemption would be crafted narrowly to ensure compliance with U.S. Department of Transportation safety regulations.
MEMA Aftermarket Suppliers state its push for the Class 7 Exemption reflects a broader effort to maintain a balance between the rights of copyright owners and the public's right to lawful uses of copyrighted works, a concern echoed by the House Commerce Committee during the drafting of the DMCA.
This rulemaking session presents a pivotal opportunity to address the restrictive business models that threaten to limit consumer access to vehicle data necessary for repairs and maintenance.
This advocacy is part of MEMA Aftermarket Suppliers’ broader commitment to promote a free market and consumer choice surrounding where and with what parts a consumer repairs and maintains their vehicle, specifically through the REPAIR Act. By aligning its support for the DMCA Class 7 Exemption with efforts to pass the REPAIR Act, MEMA Aftermarket Suppliers states it is working to establish comprehensive legal frameworks that ensure consumers have the freedom to choose where and how their vehicles are repaired. This unified approach advocates for transparency and competition in the automotive repair market, further empowering vehicle owners and fostering innovation within the industry.
