Rule on Copyrights Must Be Reviewed, Right to Repair Appeal Brief Argues

The National Association of Manufacturers (NAM) and the Washington Legal Foundation (WLF) have entered the “right to repair” legal fray, questioning the Library of Congress’s (LOC) ability to grant copyright exemptions to third-party repair companies without the opportunity for judicial review.

In their briefs supporting an appeal of the recent circuit court “right-to-repair” ruling, the organizations argue that the LOC’s actions erode copyright protections when it comes to medical device repairs.

The issue concerns whether third-party entities should have access to copyrighted software so they are able to repair FDA-regulated medical devices.

A March ruling by the U.S. Court for the District of Columbia upheld the LOC’s authority to grant exemptions to the Digital Millennium Copyright Act (DMCA), denying plaintiffs’ AdvaMed and the Medical Imaging and Technology Alliance (MITA) claims that the LOC can be challenged under the Administrative Procedure Act (APA).

The court held that the LOC is not a federal “agency” and its actions are not reviewable under the APA because it is categorically a component of the Congress, but the AdvaMed and MITA appeal states, “That is wrong.”

This rule must not escape judicial review, NAM and WLF state, for if it does, “many negative consequences will be borne by medical device manufacturers and the patients their products are meant to assist.”

Read the AdvaMed and MITA appeal here.

Read the NAM and WLF amicus brief here.

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