Quotulatiousness

November 8, 2024

The McDonald’s ice cream machines are always broken because of bad IP laws

Filed under: Business, Government, Law, Technology, USA — Tags: , , , , , , — Nicholas @ 03:00

Even if you never to to a McDonald’s yourself, you’ve undoubtedly heard that the ice cream machines are alwaays broken. I hadn’t really given it any thought — it’s been years since I visited one of the restaurants and I don’t eat much ice cream — but Peter Jacobsen explains the weird and infuriating reason for the phenomenon:

Image Credit: Magnus D via Wikimedia | CC BY 2.0

How could it be that the ice cream machines at McDonald’s are so consistently broken? It turns out that, until just recently, it was illegal to hire most people to fix them. To understand why, we’re going to have to take a detour into the world of intellectual property.

DMCA Woes

So why has it been illegal for McDonald’s to hire people to fix their ice cream machines? Well, that’s where the Digital Millennium Copyright Act (DMCA) comes in. If you’re familiar with the DMCA, this is probably confusing to you.

Generally the DMCA is a big concern on content creation platforms like YouTube. If someone uses copyrighted music, he or she gets DMCAed. This is slang for when a video gets its monetization redirected to the owner of whatever copyrighted content was used.

DMCA takedowns draw a lot of ire, because the law is clumsily applied and often even legitimate uses of copyrighted content (e.g., fair use) are punished.

But the DMCA extends beyond content creation, as chronicled by Elizabeth Chamberlain of iFixit, an organization dedicated to ensuring that product owners have the right and ability to fix their property. Many machines ranging from phones to ice cream machines utilize copyrighted software to function. Sometimes, this software limits product users more than they’d like.

For example, iPhone software locks users into particular user interfaces. If a user wants to customize past some point, he’s going to have to modify the software more than the company intends. This process, called jailbreaking, involves breaking through “digital locks”. The DMCA often interprets breaking these locks as a violation of the intellectual property of the copyright holder.

The problem gets even worse when you recognize that fixing things — say, McDonald’s ice cream machines — means breaking past those digital locks. This means anyone hired to repair the machine would need an official blessing from the manufacturer.

However, things have changed. As of October 18th, the opening of digital locks for “retail-level commercial food preparation equipment” is now exempt from this DMCA rule. McDonald’s will now be able to hire from a larger group of people to fix their ice cream machines.

DMCA has allowed a lot of intellectual property owners to collect unearned rents while neglecting the needs of the customers who’ve bought, leased, or rented things that incorporate their IP.

Note, this is only an exemption to the rule. The rule itself has not changed. Second, other regulations still hamper McDonald’s franchise owners from fixing their own machines. As Chamberlain points out:

    While it’s now legal to circumvent the digital locks on these machines, the ruling does not allow us to share or distribute the tools necessary to do so. This is a major limitation … few will be able to walk through it without significant difficulty.

    It is still a crime for iFixit to sell a tool to fix ice cream machines, and that’s a real shame … Without these tools, this exemption is largely theoretical for many small businesses that don’t have in-house repair experts.

So your chance of getting a McFlurry has improved, but you can’t quite celebrate a total win yet.

The battle against these DMCA laws isn’t limited to ice cream machines. The “right to repair” movement spearheaded by organizations including iFixit has already battled for exemptions for medical devices, consumer devices like phones and tablets, vehicles, and assistive technologies for people with disabilities.

Highlights of Herculaneum (Part II)

Filed under: Architecture, History, Italy — Tags: , , , — Nicholas @ 02:00

Scenic Routes to the Past
Published Jul 12, 2024

This second part of my survey of Herculaneum explores some of the site’s incredibly well-preserved houses.
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QotD: David Lloyd George and the British Liberal Party

Filed under: Britain, History, Quotations, WW1 — Tags: , , , , , — Nicholas @ 01:00

Lloyd George is one of the most obviously fascinating figures in modern British political history, for three reasons. The first is his background. The Liberal Party, since its formal inception in 1859, had always responded to a touch of the purple. Lord Palmerston was a viscount; Lord John Russell was the son of a duke; William Gladstone was Eton and Christ Church; Lord Rosebery was Lord Rosebery; Henry Campbell-Bannerman and H.H. Asquith at least went to Trinity, Cambridge and Balliol, Oxford respectively.

Lloyd George was from nowhere. He grew up in Llanystumdwy, Caernarfonshire, where he lived in a compact cottage with his mother, uncle, and siblings, and was trained as a solicitor in Porthmadog. He rose to dominate British politics, and to direct the affairs of the most expansive empire the world had known, seeing off thousands of more privileged rivals, on the basis of truly exceptional native gifts, and without even speaking English as his first language.

How he got into the position to direct World War I is one of the most remarkable personal trajectories in British history. Contemporaries everywhere saw it as an astonishing story, even in the most advanced democracies. As the New York Times asked when Lloyd George visited America in 1923, “Was there ever a more romantic rise from the humblest beginning than this?”

The second reason why Lloyd George is fascinating is his extraordinary command of words. Collins is good on this. The book is full of speeches that turn tides and smash competitors. Lloyd George could exercise an equally mesmeric command over both the Commons and mass audiences, typically rather different skills. Harold Macmillan called him “the best parliamentary debater of his, or perhaps any, day”.

Biblical references and Welsh valleys suffused his speeches. As another American journalist put it, when Lloyd George was speaking, “none approaches him in witchery of word or wealth of imagery”, with his “almost flawless phraseology” communicated through a voice “like a silver bell that vibrates with emotion”. Leading an imperial democracy through a global war demanded rhetorical powers of the rarest kind. Asquith lacked them. That, amongst other reasons, is why Lloyd George was able to shunt him aside.

The last reason we should all be interested in Lloyd George — as readers will have anticipated — is that he was the last British politician to inter a governing party. His actions during the war split the Liberals into Pro-Asquith and pro-Lloyd George factions, and the government he led from 1916 until 1922 was propped up by the Conservatives. Though the Liberal split was partly healed in 1923, it was all over for the party as a governing force. By the time Lloyd George at last became leader of the Liberal Party (in the Commons) in 1924, he had only a rump of 40 MPs left to command.

By the 1920s, Lloyd George’s shifting ideologies could not easily accommodate the old party traditions or the new forces reshaping allegiances and identities in the aftermath of the war. In 1918 he described his political creed to George Riddell, the press magnate, as “Nationalist-Socialist”. The consequence was an unprecedented redrawing of the map of British party politics, producing the Labour/Conservative hegemony we have lived with ever since.

The rot had arguably begun to set in for the Liberals in the elections of 1910, when they lost their majority. Fourteen years later, in 1924, Lloyd George stepped up to the Commons leadership of an exhausted, defeated party, and neither he nor his successors could arrest the slide into irrelevance. […] The Liberals could not come back because they were left with no clothes of their own. What had once been distinctive lines on economics, religion, welfare, the constitution, foreign policy and even “progress” were either appropriated by their competitors or ceased to be politically relevant. The party’s history as the dominant political force of the last near-century was no proof against radical structural change.

Alex Middleton, “Snapshot of the PM who killed his party”, The Critic, 2024-08-01.

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