Requirements for OEMs

(a) In general An original equipment manufacturer shall make available, on fair and reasonable terms— (1) to any owner or independent repair provider, any documentation, part, software, firmware, or tool intended for use in order to diagnose, maintain, upgrade, reprogram, or repair farm equipment; and (2) to the owner or with the authorization of the owner to an independent repair provider, any farm equipment data generated by the farm equipment of the owner. (b) Disabling security functions An OEM shall make available to any owner or independent repair provider, on fair and reasonable terms, any documentation, part, software, or tool required to disable or enable a technological protection measure or other security-related function of farm equipment. (c) Interaction with copyright laws (1) In general Notwithstanding section 1201(a) of title 17, United States Code, a person may circumvent a technological measure that effectively controls access to a work protected under such title in connection with an activity protected under this Act if the purpose of such circumvention is— (A) to diagnose, maintain, upgrade, reprogram, or repair farm equipment; (B) to the extent not provided for in section 1201(f) of title 17, United States Code, to enable interoperability with any computer program contained in and that controls the functioning of farm equipment or any product used to diagnose, maintain, upgrade, reprogram, or repair farm equipment; (C) to the extent not provided for in subsections (g) and (j) of section 1201 of title 17, United States Code, to conduct security research relating to farm equipment; or (D) to enable non-infringing modifications of any computer program contained in and that controls the functioning of farm equipment or any device used to diagnose, maintain, upgrade, reprogram, or repair farm equipment. (2) Access to circumvention technologies Notwithstanding subsection (a) or (b) of section 1201 of title 17, United States Code, a person may, for the purposes described in paragraph (1), manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of or use in circumventing— (A) a technological measure that effectively controls access to a work protected under such title; or (B) any protection afforded by a technological measure that effectively protects a right of a copyright owner under such title in a work or a portion thereof. (d) Ensuring common availability (1) In general An OEM that stops offering any documentation, part, software, or tool to any authorized repair provider, independent repair provider, or equipment owner shall be subject to civil penalties under section 4(c). (2) Replacement An OEM shall ensure that any part required by the OEM's farm equipment can be replaced without causing damage to the equipment using— (A) a commonly available tool; or (B) a tool that is not commonly available that is made available to owners or independent repair providers by the OEM on fair and reasonable terms.