Now there’s a chip in everything, and all the chips are copyrighted, so everything is copyrighted

The following is an exerpt from The DMCA Strikes Back: How Copyright Law Could Cost You Your Job by Kyle Wiens.

DMCA: Digital Millennium Copyright Act

EOM: Original Equipment Manufacturer

Back in the 90s, computers made it relatively easy for people to copy movies and music. So the recording industry teamed up with Washington to crack down on piracy. Among other things, the resulting law made it illegal to break digital locks—like passwords or encryptions—over copyrighted work, no matter the reason.

In the past 20 years, technology has changed drastically. The DMCA has not. That’s a problem, because copyright isn’t just movies and music anymore. It’s everything. Because everything is powered by computers … which is powered by programming … which is technically copyrighted. That means your tractor, your coffeemaker, and your self-cleaning cat litter pan have the same copyright protection as your DVD of Disney’s Sleeping Beauty.

… If companies put digital locks over our smart gadgets, then—under the DMCA—they’ll be the only ones who can fix that stuff. Worse, they can sue anyone who tries to break up their repair monopoly.

Over the years, lots of companies have abused the DMCA to squeeze out the competition. In the early aughts, cellphone companies wielded the DMCA to shut down programmers who developed unlocking software that moved cellphones to different carriers. Now, the same tactics are being used to shut down non-OEM repair options.

Local mechanics rely on diagnostic tools from companies like Snap-on and Autel to repair modern vehicles. But in 2014, Ford sued Autel for making a tool that diagnoses car trouble and tells you what part fixes it. Autel decrypted a list of Ford car parts, which wound up in their diagnostic tool. Ford claimed that the parts list was protected under copyright (even though data isn’t creative work)—and cracking the encryption violated the DMCA. The case is still making its way through the courts. But this much is clear: Ford didn’t like Autel’s competing tool, and they don’t mind wielding the DMCA to shut the company down.

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