On June 9, 2023, the NAM filed an amicus brief urging the D.C. Circuit to reverse the dismissal of an Administrative Procedure Act (APA) challenge to a final rule issued by the Librarian of the Library of Congress for lack of jurisdiction. The final rule exempts from copyright liability third-party service companies that circumvent technological protective measures for the purpose of diagnosing and repairing software-enabled medical devices, including MRI, CAT scan and X-ray machines. The trial court found that it lacks jurisdiction to consider the APA challenge because the Library of Congress is exempt from the APA.
We argue in our brief that allowing third-party repair of manufacturers’ products poses a danger to consumers and exposes companies’ intellectual property to theft by competitors. The APA authorizes judicial review of the Librarian's actions when the Librarian exercises rulemaking authority.