The Military Needs Data Rights, Not an Intellectual Property Grab

Imagine sitting in an airplane waiting hours to take off because it needs repairs. Passengers would lose confidence, airlines would lose money, and schedules would fall apart. Although commercial and defense aviation are extremely different, they both have one thing in common. An aircraft cannot complete its mission if it is sitting in the hangar. Military aircraft are not always able to get the repairs they need in a timely manner, reducing the number of aircraft available when they are needed most.

The Right to Repair debate is the idea that the military should have access to information, software, tools, and instructions to fix equipment it has already purchased. Supporters of this idea believe that if the military has access to this information, they would not have to rely as heavily on defense contractors to make certain repairs. Supporters believe that this would improve military readiness. However, the issue is much more complicated than that.

It is important to note that not all intellectual property is the same. There is a major difference between providing someone who is maintaining a platform with the tools to replace a component and providing detailed engineering drawings and proprietary source code.

The challenge is finding a compromise that increases military readiness while protecting national security. Allowing the military to have access to certain information while defense companies protect sensitive technology could allow for faster repairs without requiring companies to give up all of their intellectual property. Finding that balance would help ensure the military is prepared while still protecting the innovation that supports national defense.

DoW should determine its long-term sustainment requirements up front, when it buys a system or platform. More specifically, data rights should be negotiated up front, and DoW should pay for them. In 2024, the Navy’s final F/A-18 Super Hornet contract with Boeing included the purchase of a technical data package which allows the Navy to support long-term sustainment of the Super Hornet and Growler fleet. This is exactly how the process should work: determine what data rights are needed, negotiate that, and compensate the company. By doing it this way, DoW avoids using a broad mandate to capture a contractor’s IP.

Just as commercial airplanes cannot serve their passengers while sitting in the hangar, military aircraft cannot complete their mission. The solution is not about choosing a side; it is about giving the military what it needs to maintain readiness. Negotiate that at the outset. Pay companies for this information. And most importantly, do not use the Right to Repair as a way to take a contractor’s IP. As technology continues to advance, this debate will only become more important. When the nation's security is at stake, military aircraft can't afford to remain in the hangar.

Jeremy Bayer is Managing Partner of 202 Consulting and a 25-year veteran of Washington's business and public policy community.

image: U.S. Air Force Staff Sgt. Giovanny Macias, 163d Aircraft Maintenance Squadron, California Air National Guard, reaches into the engine of an MQ-9 Reaper aircraft to perform routine maintenance, March Air Reserve Base, Calif., Aug. 19, 2026. After so many flying hours, crew chiefs complete prescribed maintenance on the MQ-9 Reaper aircraft to ensure all systems are fully mission-capable. (U.S. Air National Guard Photograph by Senior Master Sgt. Julianne Sitterding)