NZ law on breaking software encryption to repair devices (equivalent to US DMCA 1201)

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KiwiNFLFan

2 posts

Wannabe Geek

#299102 10-Aug-2022 21:48

What is the law in New Zealand about circumventing technical prevention measures on a device or program, even if you're not doing anything illegal (e.g. you're repairing your car or tractor which uses proprietary software, and need to break the software encryption to carry out the repairs)?

In the United States, this is currently illegal under section 1201 of the Digital Millenium Copyright Act (DMCA), even if you're not infringing copyright, and can be punished with up to 5 years in prison and $500,000 in fines. Even distributing tools or information that helps someone circumvent access controls is prohibited under the DMCA. Manufacturers of devices use this to deliberately stop users from repairing their devices. For example, this article explains how wheelchair users in America are prohibited from repairing their chairs due to section 1201 of the DMCA.

What is the situation regarding this in NZ? Are you allowed to repair your car, wheelchair or John Deere tractor if it means circumventing digital access controls in these devices?

unowho08

58 posts

Master Geek
+1 received by user: 32

ID Verified

#2953229 10-Aug-2022 22:23

Refer to section 226 of the Copyright Act 1994.

wellygary

8810 posts

Uber Geek
+1 received by user: 5287

#2953279 11-Aug-2022 08:43

unowho08:

Refer to section 226 of the Copyright Act 1994.

The copyright Act wont apply to things like tractors, Things like "right to repair" are very much bleeding edge in places like NZ and there will not be statute law covering it

Form the Copyright Act interpretation section:

14 Copyright in original works
(1)Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:

(a)literary, dramatic, musical, or artistic works:
(b)sound recordings:
(c)films:
(d)communication works:
(e)typographical arrangements of published editions.

cruxis

512 posts

Ultimate Geek
+1 received by user: 346

#2953405 11-Aug-2022 11:37

Do you mean things like, unlocking your own cars heated seats DIY, proberly be fine. Starting a side Business unlocking heated Seats on Cars for 1/4 price of what the manufacture charges.....have to wait and see.

But I can see the future shitshow that is comming.

boosacnoodle

1274 posts

Uber Geek
+1 received by user: 858

#2953528 11-Aug-2022 15:19

wellygary:

Form the Copyright Act interpretation section:

copyright work means a work of any of the descriptions in section 14(1) in which copyright exists

14 Copyright in original works
(1)Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:
(a)literary, dramatic, musical, or artistic works:
(b)sound recordings:
(c)films:
(d)communication works:
(e)typographical arrangements of published editions.

That almost reads like it doesn't apply to software at all?

KrazyKid

1247 posts

Uber Geek
+1 received by user: 616

#2953539 11-Aug-2022 15:33

Software is covered by the copyright laws in NZ.

https://www.ajpark.com/insights/introduction-to-copyright-in-software-in-new-zealand/

elpenguino

3577 posts

Uber Geek
+1 received by user: 2939

#2953562 11-Aug-2022 16:49

The software I write is a work of art ! Ugh, but seriously folks, the motive behind this is not about encouraging anyone to copy the software in their heated seat controller, just defeat the protection so they can alter it.

Subscription enabled features in hardware are a piece of modern w*nkery that needs to be stamped out.

Most of the posters in this thread are just like chimpanzees on MDMA, full of feelings of bonhomie, joy, and optimism. Fred99 8/4/21

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unowho08

58 posts

Master Geek
+1 received by user: 32

ID Verified

#2953585 11-Aug-2022 18:23

wellygary:

unowho08:

Refer to section 226 of the Copyright Act 1994.

The copyright Act wont apply to things like tractors, Things like "right to repair" are very much bleeding edge in places like NZ and there will not be statute law covering it

Form the Copyright Act interpretation section:

copyright work means a work of any of the descriptions in section 14(1) in which copyright exists

14 Copyright in original works
(1)Copyright is a property right that exists, in accordance with this Act, in original works of the following descriptions:
(a)literary, dramatic, musical, or artistic works:
(b)sound recordings:
(c)films:
(d)communication works:
(e)typographical arrangements of published editions.

As @KrazyKid noted, software is covered by the definition of a literary work under Section 2 of the Copyright Act 1994. The example given by the topic starter states "e.g. you're repairing your car or tractor which uses proprietary software, and need to break the software encryption to carry out the repairs" and therefore this would be covered under the existing legislation.

@KiwiNFLFan, take a look at section 80 of the Copyright Act 1994 where it discusses permitted acts regarding computer programs.