Right to fix and repair?

[Winehole23]

Last summer, when the Copyright Office asked if anyone wanted to defend the right for video game console jailbreakers (http://motherboard.vice.com/read/why-dmca-rulemaking-is-an-unsustainable-garbage-train) to mod or repair their systems, no one had a formal legal argument prepared. A new association representing repairmen and women across all industries was just formed to make sure nothing like that ever happens again.


Repair groups from across the industry announced that they have formed The Repair Coalition (http://www.repair.org), a lobbying and advocacy group that will focus on reforming the Digital Millennium Copyright Act (http://motherboard.vice.com/read/why-dmca-rulemaking-is-an-unsustainable-garbage-train) to preserve the “right to repair” anything from cell phones and computers to tractors, watches, refrigerators, and cars. It will also focus on passing state-level legislation that will require manufacturers to sell repair parts to independent repair shops and to consumers and will prevent them from artificially locking down their products to would-be repairers.

http://motherboard.vice.com/read/a-new-advocacy-group-is-lobbying-for-the-right-to-repair-everything

[Winehole23]

That problem—that manufacturers of everything are trying to control the secondary repair market—has two main sources, Gordon-Byrne said. First, manufacturers use federal copyright law to say that they control the software inside of gadgets and that only they or licensed repair shops should be allowed to work on it. Second, manufacturers won’t sell replacement parts or guides to the masses, and often use esoteric parts in order to specifically lock down the devices.


These problems have been well known in the smartphone, computer, and consumer electronics for years, and it’s why groups like iFixit and the Electronic Frontier Foundation have been able to mount successful challenges to the DMCA in recent years. Increasingly, however, these problems are spilling over into just about every other industry.


"They’re affecting literally everything in the world that is complex enough to have digital components"


The Repair Coalition—which is also calling itself repair.org—includes members from the EFF, iFixit, PC Rebuilders & Recyclers, The Fixers Collective, Public Knowledge, and a series of other smaller industry groups.


“All consumer appliances, from refrigerators to microwaves, very much have repair monopolies from manufacturers, even if you are able to buy parts,” Gordon-Byrne said. Customers who have dared to repair their refrigerator will get to a certain part of a repair and find that components for thermostats or valve controls are locked down via passwords that manufacturers only give to licensed repair shops that they themselves control. The problem is only going to get worse as the Internet of Things takes hold.

[boutons_deux]

but but but, we're not fucked nor unfuckable. :lol

BigCorp loves us, and loves even more to suck every penny out of us!

[Winehole23]

Techdirt has been covering the fight (https://www.techdirt.com/blog/?tag=right+to+repair) for a "Right to Repair" for a long time -- Mike first wrote about it in 2009 (https://www.techdirt.com/articles/20090520/1802214956.shtml). Even though the idea seems a no-brainer -- you bought it, why shouldn't you be able to repair it? -- progress has been extremely slow, as successive (https://www.techdirt.com/articles/20091228/0345127515.shtml) Techdirt (https://www.techdirt.com/articles/20100720/01092010287.shtml) articles (https://www.techdirt.com/articles/20130321/18213722413/even-usa-today-is-wondering-why-copyright-law-is-so-broken-that-it-locks-up-mobile-phones.shtml) have (https://www.techdirt.com/articles/20150322/15203730402/new-york-legislators-seeking-right-to-repair-law-electronic-devices.shtml) chronicled. One of the most important developments is a number of "Right to Repair" bills that are being considered by various state legislatures. These typically require electronics manufacturers to make service manuals available to the public, and to sell repair parts. The hope (https://www.techdirt.com/articles/20160206/03323333539/dismantling-repair-monopoly-created-dmcas-anti-circumvention-rules.shtml) is that if even one or two of these are passed, manufacturers will find it simpler to comply nationally. However, an article on Motherboard suggests that the "Right to Repair" movement has a rather surprising enemy (https://motherboard.vice.com/en_us/article/source-apple-will-fight-right-to-repair-legislation). Here's what an unnamed source told the publication:



an Apple representative, staffer, or lobbyist will testify against the bill at a hearing in Lincoln on March 9. AT&T will also argue against the bill, the source said. The source told me that at least one of the companies plans to say that consumers who repair their own phones could cause lithium batteries to catch fire.
https://www.techdirt.com/articles/20170215/02473736716/apple-wants-to-stop-you-fixing-your-iphone-ipad-source-says-it-will-testify-against-right-to-repair-legislation.shtml

[Winehole23]

right to repair is a plank in Sen. Warren's platform:

1110907691214491648

[boutons_deux]

Repugs gonna emasculate, or outright block R2R, because BigCorp hired Repugs to allow BigCorp to do whatever the fuck it wants to do.

[Winehole23]

what'll they do if Republicans lose?

oh right, they bought the other side: Dems gonna emasculate and block it too.

fucked and unfuckable, blah blah blah

[boutons_deux]

what'll they do if Republicans lose?

oh right, they bought the other side: Dems gonna emasculate and block it too.

fucked and unfuckable, blah blah blah

Repugs will always choose BigDonor from BigFarmEquipment mfr/dealer over farmers.

yes, fucked and unfuckable, in every orifice.



no, Dems are proposing R2R

[Winehole23]

1397597550606094342

1397597556939509762

1397597562266292226

[Spurtacular]

Proprietary rights, amirite?

[DMC]

Hit the Tweet Bingo in one post!

[Winehole23]

Hit the Tweet Bingo in one post!it's little different from posting links with pull quotes, tbh.

no topical take again? :lol

[DMC]

it's little different from posting links with pull quotes, tbh.

no topical take again? :lol

No it's the same. Go ahead and tell me how I think, but say it in third person.

[Winehole23]

Biden’s right-to-repair order could stop companies from blocking DIY fixes (https://arstechnica.com/tech-policy/2021/07/bidens-right-to-repair-order-could-stop-companies-from-blocking-diy-fixes/)

In a press briefing (https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/07/06/press-briefing-by-press-secretary-jen-psaki-july-6-2021/) yesterday, White House Press Secretary Jen Psaki said Biden will issue an executive order directing the US Department of Agriculture to issue rules that, among other things, “give farmers the right to repair their own equipment how they like.”


The order will reportedly cover more than tractors. According to a Bloomberg (https://finance.yahoo.com/news/biden-sets-tech-showdown-repair-161736362.html) report, Biden will urge the Federal Trade Commission to press computer and electronics manufacturers and defense contractors to offer additional leeway in how their devices are repaired.

[ChumpDumper]

:tuNow do McDonald's ice cream machines.

[RandomGuy]

:tuNow do McDonald's ice cream machines.

If I were one of their franchisees, I would simply ignore that part of my contract, and get either another company's machine or simply bribe a wendy's/BK francise owner for one or theirs.

[RandomGuy]

1397597550606094342

1397597556939509762

1397597562266292226

but muh free market...

[Winehole23]

FTC to crack down


The Federal Trade Commission (FTC) on Wednesday voted 5-0 to issue a policy statement (https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf) outlining a new enforcement policy for right to repair restrictions.


This initiative comes as no surprise. In May, the FTC published a report , Nixing the Fix: an FTC Report to Congress on Repair Initiatives (https://www.ftc.gov/system/files/documents/reports/nixing-fix-ftc-report-congress-repair-restrictions/nixing_the_fix_report_final_5521_630pm-508_002.pdf) discussing the issue (see Big Tech Goes All In to Thwart Right to Repair Initiatives (https://www.nakedcapitalism.com/2021/05/big-tech-goes-all-in-to-thwart-right-to-repair-initiatives.html)). And earlier this month, as part of a broader executive order to promote competition, President Joe Biden directed the FTC to address restrictions that thwart consumer efforts to repair products they own (see Steve Wozniak Endorses the Right to Repair (https://www.nakedcapitalism.com/2021/07/steve-wozniak-endorses-the-right-to-repair.html)).


The policy statement explained the FTC’s basis and rationale for the new policy:



Restricting consumers and businesses from choosing how they repair products can substantially increase the total cost of repairs, generate harmful electronic waste, and unnecessarily increase wait times for repairs. In contrast, providing more choice in repairs can lead to lower costs, reduce e-waste by extending the useful lifespan of products, enable more timely repairs, and provide economic opportunities for entrepreneurs and local businesses.


In 2019, the Commission convened a workshop on “Nixing the Fix” and sought input from consumers, independent businesses, manufacturers, and others. Through this work, the Commission uncovered evidence that manufacturers and sellers may, without reasonable justification, be restricting competition for repair services in numerous ways, including: imposing physical restrictions (e.g., the use of adhesives); limiting the availability of parts, manuals, diagnostic software, and tools to manufacturers’ authorized repair networks; using designs that make independent repairs less safe; limiting the availability of telematics information (i.e., information on the operation and status of a vehicle that is collected by a system contained in the vehicle and wirelessly relayed to a central location, often the manufacturer or dealer of the vehicle); asserting patent rights and enforcement of trademarks in an unlawful, overbroad manner; disparaging non-OEM parts and independent repair; using unjustified software locks, digital rights management, and technical protection measures; and imposing restrictive end user license agreements.

https://www.nakedcapitalism.com/2021/07/ftc-votes-5-0-to-crack-down-on-companies-for-thwarting-right-to-repair.html
https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf

[Winehole23]

Welcome changes from the US Copyright office


The US Copyright Office is expanding a legal shield for fixing digital devices, including cars and medical devices. This morning, the office submitted new exemptions to Section 1201 of the Digital Millennium Copyright Act (https://cdn.loc.gov/copyright/1201/2021/2021_Section_1201_Registers_Recommendation.pdf), which bars breaking software copy protection. The resulting rules include a revamped section on device repair, reflecting renewed government pressure around “right to repair” issues.


The Register of Copyrights recommends Section 1201 “anti-circumvention” exemptions (https://www.copyright.gov/1201/2021/) every three years, a process that has offered legal protections for everything from unlocking cellphones to ripping DVD clips for classroom use. In addition to renewing these and several other exemptions, this latest rulemaking adopts repair-related proposals from the Electronic Frontier Foundation, iFixit, and other organizations. The Librarian of Congress adopted the recommendations in a final rule (https://public-inspection.federalregister.gov/2021-23311.pdf) that will take effect tomorrow.


The exemptions replace an itemized list of repairable devices with broad protections for any consumer devices that rely on software to function, as well as land and sea vehicles and medical devices that aren’t consumer-focused. The rulemaking doesn’t rewrite the exemption to cover all non-consumer devices, and it doesn’t cover all “modification,” only “diagnosis, maintenance, and repair.” For video game consoles specifically, repair only covers repairing the device’s optical drives and requires reenabling any technological protection measures that were circumvented afterward.


https://www.theverge.com/2021/10/27/22747310/us-copyright-office-dmca-section-1201-exemption-rulemaking-report

[SnakeBoy]

Bend over, I'll give you a fix

[CosmicCowboy]

More and more I am seeing electronic controls on commercial items password protected. I have a customer that despises the service he was getting from another contractor and hired us. One of the pieces of equipment the other contractor sold them is password protected and the contractor refused to give them the password on the equipment that my customer bought and paid for.

[RandomGuy]

More and more I am seeing electronic controls on commercial items password protected. I have a customer that despises the service he was getting from another contractor and hired us. One of the pieces of equipment the other contractor sold them is password protected and the contractor refused to give them the password on the equipment that my customer bought and paid for.

You should run a company that services Mcdonalds Ice cream machines.

Pure monopoly fuckery there. look that shit up, its mindboggling.

Seems like your customer may have a Cause for action.

[CosmicCowboy]

You should run a company that services Mcdonalds Ice cream machines.

Pure monopoly fuckery there. look that shit up, its mindboggling.

Seems like your customer may have a Cause for action.

That's what I told him. If it was mine I would sue the fuck out of him.

[DMC]

If it's for proprietary service software then there's fuck all they can do about it.

[koriwhat]

Rossman wants his thread title back!

[Millennial_Messiah]

Fuck the DMCA, but thank goodness I don't play video games anymore so I don't care.

[RandomGuy]

That's what I told him. If it was mine I would sue the fuck out of him.

It wouldn't be any different from selling someone a car, but withholding a vital and unique part of the engine that you can't get anywhere else. The sale was fraudulent, i.e. money was given, but the value of hte thing in return was worthless. I am sure that would be what any decent lawyer would conclude.

[Winehole23]

Right to repair bill filed: https://d12t4t5x3vyizu.cloudfront.net/gluesenkampperez.house.gov/uploads/2023/09/PEREZ_030_xml.pdf


“I bought a three-year-old John Deere 90-horsepower tractor. Within five minutes of using it, a yellow triangle lit up on the dash. Not being able to get diagnostic information about the error has disrupted my ability to farm … and a service appointment was available weeks away. I had to use a RELIABLE 1965 tractor to finish the job” Rob Baur, a farmer in Ridgefield, Washington, said in a statement announcing the bill. “I need a way for me or an independent mechanic to get the error code and decode it to get information about the problem.”https://www.404media.co/congress-introduces-bill-that-would-let-farmers-repair-john-deere-tractors-without-hacking-them/