A U.S. District Court upheld the medical device repair exemption to the Digital Millennium Copyright Act (DMCA), rejecting a challenge. This exemption allows healthcare providers and technicians to bypass copyright protection measures on medical devices for the purpose of diagnosis, maintenance and repair.
The court found that the Library of Congress’s decision to grant the exemption was consistent with copyright law and the DMCA, and that the process used was sound.
The ruling states that the Library of Congress’s decision to grant the exemption was consistent with copyright law and the DMCA, and that the process used was sound.
Judge Beryl A. Howell stated, “The Exemption for medical devices and systems is consistent with copyright law and the DMCA and supported by the Librarian’s thorough and well-reasoned explanations from the Eighth and Ninth Triennial Rulemaking procedures. The plaintiffs’ arguments to the contrary, challenging both the substance of the Librarian’s reasoning and her procedural thoroughness, all fail. Consequently, plaintiffs’ motion for summary judgment is denied, and defendants’ crossmotion is granted.”
Many consider this decision is a victory for the “right to repair” movement, as it allows for greater access to repair and maintenance of medical devices.
“We are pleased by the recent U.S. District Court decision of Judge Howell in the Library of Congress case. We think its altogether appropriate for healthcare providers to have choices and for independent servicers to be able to access repair service manuals for the devices owned by the health care providers without worrying as to whether they will have face claims of violations of the DMCA. The exemption to the DMCA is truly in the public interest,” said Diana Upton, IAMERS President.
It is unknown at this time if MITA or AdvaMed may appeal.
