MEMA Aftermarket Suppliers’ announced last week its petition for a new exemption to the Digital Millennium Copyright Act (DMCA)’s anti-circumvention provisions — which prohibit bypassing copyright protection systems — was officially accepted by the Register of Copyrights in the Ninth Triennial Rulemaking Proceeding under the DMCA.
The exemption, submitted by aftermarket suppliers, enables consumers or those acting on their behalf to access their vehicle’s telematics and vehicle operational data and — just as important — to share that data with third-party repairers, MEMA says.
This position taken by the Copyright Office, and support issued by the Department of Justice (DOJ) and the Federal Trade Commission (FTC), counters automaker arguments that the REPAIR Act would violate copyright and create cybersecurity issues, MEMA says. The organization also states it builds more support and momentum for the push to pass the REPAIR Act in 2025.
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The Copyright Office was persuaded by the supplier communities’ argument that third-party repairers must have this access to data as increasingly complex vehicle technology has driven up service costs and increased the burden on highly skilled repairers to perform the service. The Register also agreed that this data could be accessed in a cybersecure way, MEMA states.
MEMA submitted its petition in August 2023 to the U.S. Copyright Office. In March, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) submitted comments supporting MEMA’s position. The exemption will be in effect until October 2027.
MEMA states vehicle operational data, including telematics data, is data a vehicle automatically generates, which includes information about speed, fuel consumption, faults and other aspects of its operation. MEMA adds telematics are vital to helping diagnose and prognose vehicle repair and service, which can increase consumer safety and reduce both repair costs and vehicle downtime.
