Attack on Medical Device Repair Exemption Revived by D.C. Cir.

Two medical device trade groups revived their claims that the Library of Congress overstepped by exempting medical device repair from an anti-hacking copyright statute in an opinion from the D.C. Circuit Friday.

The Library of Congress’ rules implementing the Digital Millennium Copyright Act are subject to the Administrative Procedure Act and can be challenged under that law like other federal rules, Judge Neomi Rao wrote for a split panel of the US Court of Appeals for the D.C. Circuit. The Library adopted the rule in 2021 through a process designated by the DMCA, which otherwise bans circumnavigating devices designed to ...