By Nathan Proctor
One of the most common opposition arguments against Right to Repair is that it violates the Intellectual Property (IP) rights of the manufacturer.
Devlin Hartline, Legal Fellow at the Hudson Institute’s Forum for Intellectual Property, presented this argument during a congressional hearing on Right to Repair in 2023. He claimed that while proponents claim Right to Repair is about property owners’ rights, he sees the manufacturers intellectual property as the relevant rights, not the owner of the device – and that Right to Repair undermines key IP rights.
As it seems that the U.S. military is pursuing a Right to Repair for all the equipment they purchase, with support from a bipartisan coalition of lawmakers, these arguments are once again being put forward by manufacturer-aligned lobbying entities.
In response, 11 law professors and experts in intellectual property law from some of the most prominent U.S. law schools have sent a letter to both the House and Senate Armed Services Committee chairs and ranking members in support of the Warrior Right to Repair Act.
The letter details that, in fact, the bill is consistent with longstanding IP law and presents no conflict with their rights, noting “As early as 1901, courts have recognized a ‘right of repair or renewal’ under U.S. copyright law. Doan v. American Book Co., 105 F. 772 (7th Cir. 1901). Since then, courts have repeatedly brushed back efforts to use copyright law to control the markets for repair parts and information.”
Sens. Tim Sheehy (R-MT) and Elizabeth Warren (D-MA) introduced the Warrior Right to Repair Act in early July. This important legislation would codify and extend to other branches of the military the Right to Repair provisions in Defense Secretary Pete Hegseth’s Army Transformation and Acquisition Reform memorandum from April 30.
The bill, as proposed, would significantly reform the inefficient U.S. Department of Defense (DOD) procurement process. Allowing the military to repair its own systems and equipment would save taxpayers billions of dollars in sustainment costs, improve military readiness and save servicemembers lives. Given the support for this legislation, similar language was added to the base text of the federal National Defense Authorization Act – the funding package for the U.S. military that is considered “must pass” legislation.
Servicemembers and veterans who wish to support military Right to Repair can join well over 100 veterans in signing a letter of support at https://forms.gle/1ioifSFtk9qdeu3c6. Businesses and repair advocates can sign on to this letter https://forms.gle/TiCnQsjQEnMHbTMS9. Both letters will be shared with Congress to demonstrate the deep public support for Military Right to Repair.
