Asphalt & Rubber readers should be familiar with how attempts have been made to use the Digital Millennium Right Act (DMCA) as means of limiting how you can work on your vehicles, including your motorcycle.
These attempts first started in 2015, and were pushed heavily by John Deere and the automobile lobby. Thankfully, last year the the Librarian of Congress allowed exemptions for vehicles to be applied to the DMCA, which will be in effect for the next two years.
Now, the Motorcycle Industry Council (MIC) – a group that represents the interests of motorcycle manufacturers in the United States – is putting pressure on state legislatures and encouraging them to block “Right to Repair” bills that would codify the exemptions made to the DMCA.
Exceptions to the Digital Millennium Copyright Act (DMCA) have finally gone into effect, which means that you can now legally hack the computer systems on your motorcycle and other motor vehicles.
The exceptions were put into place last year by the Librarian of Congress, despite pressure from vehicle manufacturers, who wanted to extend digital right management (DRM) practices to the computer systems that now permeate the two and four-wheeled spaces.
This is a win for security researchers and hobbyist mechanics, because it means that they can modify the software on their personal and research vehicles, without the fear of running afoul of the DMCA, which we should point out was written roughly 20 years ago.
You may have not realized it, but if certain OEMs had their way, you would not be legally allowed to work on your own motorcycle. That’s right, because of a perversion of the US copyright law, it would have been illegal for you to turn a wrench on your motorcycle, all in the name of digital rights management.
The issues comes around because of the Digital Millennium Copyright Act (DMCA), a law from 1998 that was originally intended to update the Copyright Act of 1976 for life in the digital age.
Of the more important provisions, the DMCA protects ISPs from copyright claims, and it defines how copyright law would work on the internet and other digital mediums.
One of the major sections of the DMCA deals with digital rights management (DRM), and attempts to circumvent digital systems that are meant to block access to copyrighted information and material. This effectively makes it a violation of the DMCA to circumvent any sort of DRM or encryption put forth by a rights holder.
The original intent of this provision was to protect record labels and movie studios, who were seeing their products shared on peer-to-peer networks ad infinitum, but crafty lawyers have been able to expand this portion of the DMCA to include just about any digital system, including your motorcycle…until now.