Quotulatiousness

November 20, 2025

Military necessity and the “right to repair”

Over the last few decades, more and more companies have been discovering the financial wonders available to them if they separate the items they sell from the ability to repair those items … so you buy a widget but if it breaks, you have to pay the manufacturer to get it fixed. You have no option to fix it yourself — even if you have the technical know-how and the necessary tools — nor can you find a cheaper alternative, because the manufacturer has blocked any possible competition to their often highly profitable scam revenue stream. It’s bad enough in the civilian marketplace, where consumers are demanding the “right to repair” from legislators because the cost and inconvenience are far too high.

Now imagine you are onboard a US Navy ship in the western Pacific and some critical piece of technology breaks down … but you can’t fix it yourself because the manufacturer sells repair services and will have to be paid to send out a civilian repair crew with the necessary tools and parts. No need to imagine it: it’s the situation the US military is finding itself in more and more often:

If you want to get an otherwise reserved and laconic farmer to get excited and talkative about a subject, ask them about the issue of “right to repair“.

    … Wilson and others accuse John Deere of blocking farmers and everyday mechanics from fixing equipment without going through John Deere dealers. Although the company doesn’t prohibit users from fixing equipment themselves, the lawsuit claims it locks users out of repairs because of the limited access to software that only dealerships can access. The lawsuit says that makes most fixes nearly impossible. A lot like cars, the farming equipment is equipped with sensors. The John Deere tractors, for instance, run on firmware that is necessary for basic functions, according to the lawsuit. If something is wrong with the equipment, a code will appear on a display monitor inside the machine. The suit says interpreting the error codes on tractors, for instance, requires software that “Deere refuses to make available to farmers”.

    Right-to-repair advocates say the digitization of agricultural equipment — with its various computers and sensors — has made self-repair almost impossible, forcing farmers to depend on the manufacturers. Wilson, for example, said he has to rely on his local John Deere dealership, which he said takes longer and charges more than an independent repair worker.

    … a pending lawsuit the Federal Trade Commission filed Jan. 15 claims the company falls short of that promise. The complaint accuses it of unlawful business practices that have “inflated farmers’ repair costs and degraded farmers’ ability to obtain timely repairs”.

    “I would have some farmers close to tears recalling the time they lost a whole harvest because they weren’t able to fix their own tractor and weren’t able to go to a local repair shop,” said former FTC Chair Lina Khan, who helped launch the suit.

OK, it is bad enough to have to wait as through time and experiencing a degrading quality of harvest to repair your tractor … but what if instead of Mother Nature, you have to deal with 50,000 screaming Chinamen?

Senator Tim Sheehy (R-MT) is trying to get ahead of this problem.

    U.S. defense contractors have launched a lobbying and public relations blitz to defeat a provision in the Senate-passed NDAA that would set strict new rules for how the Pentagon accesses their intellectual property.

    The issue is among the last unresolved matters facing House and Senate negotiators who aim to reconcile before December the House and Senate fiscal 2026 NDAAs.

    The Senate’s so-called right-to-repair provision states that the Pentagon may not, with certain exceptions, enter into a contract unless the deal requires the company to provide the government with the data needed to operate and sustain the equipment.

    That data means a lot to the contractors because it is worth many billions of dollars over time. To a servicemember it also means a lot: Being able to fix a weapon can mean the difference between life and death. And the cost of such repairs is a major driver of defense budget growth, experts have long said.

These are the same defense primes who are spending billions of dollars on stock buybacks, and already have a track record of contract maintenance that is not impressive.

Update, 21 November: Welcome, Instapundit readers! Please do have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substackhttps://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.

November 8, 2024

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

Even if you never to to a McDonald’s yourself, you’ve undoubtedly heard that the ice cream machines are always 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.

October 8, 2022

Faint glimmers of hope for Canadians’ “right to repair”?

Michael Geist on the state of play in modifying Canada’s digital lock rules to allow consumers a tiny bit more flexibility in how they can get their electronic devices repaired:

“The Self-Repair Manifesto from ifixit.com ‘If you can’t fix it, you don’t own it’. Hear, hear!” by dullhunk is licensed under CC BY 2.0 .

Canadian anti-circumvention laws (also known as digital lock rules) are among the strictest in the world, creating unnecessary barriers to innovation and consumer rights. The rules are required under the World Intellectual Property Organization’s Internet Treaties, but those treaties leave considerable flexibility in how they should be implemented. This is reflected in the countless examples around the world of countries adopting flexible anti-circumvention rules that seek to maintain the copyright balance. Canada was pressured into following the restrictive U.S. approach in 2012, establishing a framework is not only more restrictive than required under the WIPO treaties, but even more restrictive than the U.S. system.

One of the biggest differences between Canada and the U.S. is that the U.S. conducts a review every three years to determine whether new exceptions to a general prohibition on circumventing a digital locks are needed. This has led to the adoption of several exceptions to TPMs for innovative activities such as automotive security research, repairs and maintenance, archiving and preserving video games, and for remixing from DVDs and Blu-Ray sources. Canada has no such system as the government instead provided assurances that it could address new exceptions through a regulation-making power. In the decade since the law has been in effect, successive Canadian governments have never done so. This is particularly problematic where the rules restrict basic property rights by limiting the ability to repair products or ensure full interoperability between systems.

The best policy would be to clarify that the anti-circumvention rules do not apply to non-infringing uses. This would enable the anti-circumvention rules to work alongside the user rights in the Copyright Act (also known as limitations and exceptions) without restricting their lawful exercise. This approach was endorsed by the 2019 Canadian copyright review, which unanimously concluded:

    it agrees that the circumvention of TPMs should be allowed for non-infringing purposes, especially given the fact that the Nintendo case provided such a broad interpretation of TPMs. In other words, while anti-circumvention rules should support the use of TPMs to enable the remuneration of rights-holders and prevent copyright infringement, they should generally not prevent someone from committing an act otherwise authorized under the Act.

The government has not acted on this recommendation, but two private members bills are working their way through the House of Commons that provide some hope of change. First, Bill S-244 on the right of repair. Introduced by Liberal MP Wilson Miao in February, the bill this week passed second reading unanimously and has been referred to the Industry committee for further study. The lack of a right of repair exception in Canadian digital lock rules has hindered both consumers and Canadian innovation significantly, leaving consumers unable to repair their electronic devices and farmers often locked out of their farm equipment. After farmers protested against similar copyright restrictions, the U.S. established specific exceptions permitting digital locks to be circumvented to allow repair of software-enabled devices.

Given the impact on consumers, the agricultural sector, and the environment, a provision that explicitly permits circumvention for purposes of the right of repair in Canada is long overdue. Indeed, such an approach is consistent with the 2019 copyright review recommendation:

    Recommendation 19

    That the Government of Canada examine measures to modernize copyright policy with digital technologies affecting Canadians and Canadian institutions, including the relevance of technological protection measures within copyright law, notably to facilitate the maintenance, repair or adaptation of a lawfully-acquired device for non-infringing purposes.

October 22, 2018

The right to repair

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

Cory Doctorow:

Companies have always tried to corral their customers into behaving in ways that maximize the companies’ profits, even if that’s not best for the customers: forcing you to use “official” printer ink, to buy your printers and terminals from the same company that sold you your mainframe, to get your apps from the company that sold you your phone.

One especially effective profit-maximization strategy is controlling repairs. If a company can force you to use its official repair services, they can set prices for parts and service, and force you to use original manufacturer’s parts, rather than third-party parts or refurbished parts. And, of course, they can refuse to repair a product after a certain number of years: in the absence of a third-party repair option, this means that you have to throw away your product and buy another one from the company.

Though the urge to control customers to maximize profits is as old as business, the digital era has seen an important shift in the tactics used to make business models mandatory. The abuse of laws like Section 1201 of the DMCA (which bans breaking DRM), the Computer Fraud and Abuse Act (which lets companies treat their “license agreements” as though they had the force of law), as well as trade secrecy and monopolistic supply-chain control has literally criminalized many forms of independent repair, and it’s getting worse.

Last year, 18 state level Right to Repair bills were crushed by a big business coalition led by the tech industry. These bills would end companies’ war on independent service by forcing them to supply parts, manuals, and diagnostic codes to independent technicians.

June 20, 2018

Do You Have a Right To Repair Your Phone? The Fight Between Big Tech and Consumers

Filed under: Business, Law, Liberty, Technology — Tags: , , , , , , — Nicholas @ 04:00

ReasonTV
Published on 18 Jun 2018

Eric Lundgren got 15 months in prison for selling pirated Microsoft software that the tech giant gives away for free. His case cuts to the heart of a major battle going on in the tech industry today: Companies are trying to preserve aspects of U.S. copyright law that give them enormous power over the products we own.

Reason is the planet’s leading source of news, politics, and culture from a libertarian perspective. Go to reason.com for a point of view you won’t get from legacy media and old left-right opinion magazines.

January 25, 2017

The “right to repair” gets a boost in three states

Filed under: Business, Law, USA — Tags: , , , , , , — Nicholas @ 02:00

Cory Doctorow reports on a hopeful sign that we might be able to get rid of one of the more pernicious aspects of the DMCA rules:

Section 1201 of the 1998 Digital Millennium Copyright Act makes it both a crime and a civil offense to tamper with software locks that control access to copyrighted works — more commonly known as “Digital Rights Management” or DRM. As the number of products with software in them has exploded, the manufacturers of these products have figured out that they can force their customers to use their own property in ways that benefit the company’s shareholders, not the products’ owners — all they have to do is design those products so that using them in other ways requires breaking some DRM.

The conversion of companies’ commercial preferences into legally enforceable rights has been especially devastating to the repair sector, a huge slice of the US economy, as much as 4% of GDP, composed mostly of small mom-n-pop storefront operations that create jobs right in local communities, because repair is a local business. No one wants to send their car, or even their phone, to China or India for servicing.

[…]

Three states are considering “Right to Repair” bills that would override the DMCA’s provisions, making it legal to break DRM to effect repairs, ending the bizarre situation where cat litter boxes are given the same copyright protection as the DVD of Sleeping Beauty. Grassroots campaigns in Nebraska, Minnesota, and New York prompted the introduction of these bills and there’s more on the way. EFF and the Right to Repair coalition are pushing for national legislation too, in the form of the Unlocking Technology Act.

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