Anthony D Rosborough

Manufacturers of various products and devices are increasingly incorporating computer programs in their design. Seemingly every object in today’s world—from home appliances to insulin pumps to agricultural machinery—relies on embedded system design and software integration. This crucial role played by computerization in modern manufacturing is evidenced by a global semiconductor shortage, ¹ resulting in supply chain constraints and looming global macroeconomic woes. While these technological advances have often provided efficiency gains and ease of use for end users, they have also granted manufacturers unprecedented control over how and by whom those products and devices are used, maintained and repaired. Although the public interest may support repairing and maintaining such devices, ² the profit incentive of manufacturers often operates in a different direction. The increasing sophistication of today’s devices and products has also made access to diagnostic and maintenance information even more essential for repair, creating further incentive for manufacturers to keep a tight grip on it. Even where onboard software and technical restrictions permit independent repair and maintenance, the inability to access repair and diagnostic information means that many products and devices are abandoned prematurely, leading to a burgeoning pile of electronic waste—the fastest growing solid waste stream globally. ³

Widespread computerization and ubiquitous smart devices have enabled software-based copyright governance to reach into new domains. Beyond their instrumental utility, these devices are also containers of vast amounts of information in the form of software and technical know-how. Through copyright and anti-circumvention rules, however, this information can be cordoned off and confined to exclusive distribution channels. This can have a significant impact on research. While copyright law traditionally conceives research as the use of expressive works within institutional settings, this paper proposes a broader conceptualization that includes device research, including informal inquiries and DIY activities. Whether for the purposes of modification, repair, user innovation, or testing, device research involves the analytical engagement with physical devices. With a particular focus on repair-related activities as a modality of device research, this paper refers to product teardowns, reverse engineering, security research, and testing analyses. It then looks to case studies that exemplify the ways in which copyright can impede this type of research. In highlighting the conceptual overlap between the Right to Repair and Right to Research movements, the authors propose that a broader concept of research in copyright that includes device research could normatively reinforce and bolster support for a Right to Research in international copyright law.