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Bill > H3383


MA H3383

MA H3383
Relative to the digital right to repair


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to establish fair and reasonable terms for providing diagnostic, service or repair information to independent vehicle repair providers. Consumer Protection and Professional Licensure.

AI Summary

This bill establishes a "digital right to repair" by requiring manufacturers of digital electronic products sold in the Commonwealth to provide independent repair providers and product owners with access to diagnostic and repair information, including technical updates, software, passwords, and documentation, free of charge and in the same manner as provided to authorized repair providers. Manufacturers must also make service parts available for purchase by owners or their authorized agents on "fair and reasonable terms," meaning at a price comparable to what authorized repair providers pay, considering costs and market prices, and without including research and development expenses. The bill also prohibits manufacturers from requiring authorized repair providers to use proprietary formats for diagnostic information if a standardized format exists, unless the proprietary format contains unique functionality. Security-related diagnostic information necessary to reset electronic functions cannot be withheld. While manufacturers are not required to reveal trade secrets, they are also not responsible for the functionality of aftermarket repair tools once they provide repair information to third-party publications. The bill outlines a process for independent repair providers or owners to notify manufacturers of non-compliance and allows for legal action if issues are not resolved, with violations considered unfair trade practices.

Committee Categories

Labor and Employment

Sponsors (14)

Last Action

Accompanied a study order, see H4578 (on 08/15/2016)

bill text


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