However, the United States Copyright Office’s exemption is limited to only one type of fix due to concerns around video game piracy.

The Office announced a change to the DMCA (Digital Millenium Copyright Act), allowing users to repair their devices’ optical drives, allowing the consumers to “diagnosis, maintenance and repair” on other software-enabled electrical devices. “For the reasons discussed in the Register’s Recommendation, the Register recommended expanding the existing exemption for diagnosis, maintenance, and repair of specific categories of devices to cover any software-enabled device that is primarily designed for use by consumers.

Narrowing the exemption for consoles in this manner appropriately balances the specific adverse effects experienced by users against opponents’ legitimate concerns over links between console circumvention and piracy,” the rule says. The repair is limited to optical drives on video game consoles. For instance, if you try to repair a PlayStation 5 Digital Edition, self-repair is not permitted because that model has no Blu-ray drive.

The software-enabled devices’ exemption allows the avoidance of “computer programs that are contained in and control the functioning of a lawfully acquired device that is primarily designed for use by consumers” when avoiding such software is “a necessary step to allow the diagnosis, maintenance, or repair of such a device.” This type of circumvention should not be “accomplished to gain access to other copyrighted works.” In other words, piracy is not permitted via this DMCA change.

In September 2020, Public Knowledge (a non-profit group) and iFixit (a repairs company) both petitioned for the exemption to repair optical drives, claiming that “authorised repair services are inadequate, particularly for certain legacy consoles that manufacturers no longer support.” (The PlayStation 3 and the Xbox 360 are such examples.) In early October, Microsoft already pledged to expand the right to repair options, providing more flexibility. The possibilities should see an increase by the end of 2022.

It’s a good move.

Source: Gamesindustry