AG Ruling Blunts IP Claims by Carmakers about Pro-Consumer Legislation
The Massachusetts Attorney General has certified four variations of Right to Repair initiatives, rejecting carmaker claims the ballot measures would result in theft of their intellectual property.
Right to Repair legislation, which has been introduced in Massachusetts and Oregon, guarantees vehicle owners and independent auto repair shops secure access to diagnostic repair information generated by the computers in their vehicles, as well as the ability to restart those computers after repairs are made.
Under the Massachusetts Constitution, the attorney general is required to review initiative petitions to determine whether they violate constitutional protections, including the right to compensation for a governmental taking of private property.
“The Massachusetts attorney general’s certification of Right to Repair ballot measures effectively blunts claims by opponents that passage of this legislation is tantamount to theft of their intellectual property,” says Gary Conkling, speaking on behalf of the Oregon Right to Repair Coalition. “As a result, it won’t take away jobs from auto workers. Instead, it will benefit vehicle owners and save jobs in independent auto repair shops.”
Backers of Right to Repair legislation hailed the decision as pro-consumer. “When car manufacturers are allowed to withhold information, that puts vehicle owners at a significant disadvantage,” said Angela Martin, Executive Director of Economic Fairness Oregon. “Right to Repair is about giving owners fair access to the information needed to maintain and repair their vehicles, where they choose at prices they can afford.”
Industry research estimates an annual savings of $300-$500 per family when vehicle owners have the right to choose where their cars are repaired.
In her summary of certifying Initiative 11-14, Massachusetts Attorney General Martha Coakley said, “The proposed law would not require a manufacturer to reveal a trade secret and would not interfere with any agreement made by a manufacturers, dealer or authorized repair facility that is in force on the effective date of the proposed law.”
Backers of the initiatives have until December 7 to submit petitions with at least 68,911 Massachusetts registered voters. The Massachusetts Right to Repair Coalition submitted more than 50,000 letters in support at a legislative hearing in July.