In the sixth triennial proceeding to determine Digital Millennium Copyright Act (“DMCA”) exemptions, the Copyright Office adopted an exemption concerning the electronic control unit (“ECU”) software found in automobiles and agricultural vehicles. The new exemption permits owners to circumvent the technological control measures (TMPs) found in ECU software for the purpose of diagnosing, repairing, and modifying their vehicles. In light of important public health, safety, and environmental concerns raised by opponents, the exemption has been substantially narrowed and implementation delayed for 12 months. The Adopted Exemption After weighing the arguments of the opponents and proponents of the vehicle software exemption, the Copyright Office adopted the following DMCA exemption: Computer programs that are contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle or mechanized agricultural…
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