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Record W7124358831

Source Code: A Trade-Related Barrier to the Right to Repair

2025· article· W7124358831 on OpenAlexaboutno aff
Anthony D Rosborough

Bibliographic record

VenueeYLS (Yale Law School) · 2025
Typearticle
Language
FieldBusiness, Management and Accounting
TopicCopyright and Intellectual Property
Canadian institutionsnot available
Fundersnot available
KeywordsLegislationGeneral partnershipEuropean unionSoftwareLiabilityTrade secretProcurementPublic policy
DOInot available

Abstract

fetched live from OpenAlex

In recent years, conflicts between software access restrictions and Right to Repair (R2R) legislation have become a growing concern for policymakers and repair advocates around the world. Consumers have come to increasingly depend on electronic devices that integrate sophisticated hardware and embedded software. When those devices break or require maintenance, owners often lack the software or software-based tools required to fix them. In some cases where replacement parts and information may be readily available, device software and software-integrated tools present a barrier to independent repair. In response, legislators in both the United States and the European Union have been enacting R2R laws designed to empower consumers and professional repairers with access to these resources to foster a circular economy and reduce electronics waste. At the same time, trade negotiators on both sides of the Atlantic have been concluding free trade agreements (FTAs) that include digital trade provisions that protect software source code and algorithms from inspection and disclosure by governments or access by third parties. These provisions, such as those found in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the US-Mexico-Canada Agreement (USMCA) and subsequent EU-led agreements, bar governments from requiring device manufacturers to transfer or disclose source code or algorithms as a condition for market access. Though to date these parallel policy developments have (for the most part) occurred in isolation from one another, this report examines their potential for interaction and future conflict as contemporary FTAs and R2R mandates with software disclosure obligations come into effect. These seemingly distinct legal and policy developments may come into conflict where, for example, R2R mandates explicitly or implicitly require manufacturers to transfer or provide access to source code or algorithms for the benefit of third-party repairers or consumers. Drawing from statutory texts, recent trade agreements, policy briefs, and media reports, the study assesses the importance of access to software tools for repair, analyses domestic R2R legislation in the United States and Europe, surveys source-code provisions in major agreements, evaluates potential conflicts, and offers recommendations for policy makers.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.002
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Science and technology studies, Scholarly communication, Insufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.678
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.002
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0000.004
Science and technology studies0.0020.000
Scholarly communication0.0020.001
Open science0.0020.001
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0470.024

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.226
Teacher spread0.215 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2025
Admission routes1
Has abstractyes

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