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Big Tech Lobbying Is On the Verge of Killing Right To Repair Legislation In Minnesota (vice.com)

Jason Koebler, writing for Motherboard: Statehouse employees in Minnesota say that lobbying efforts by big tech companies and John Deere are on the verge of killing right to repair legislation in the state that would have made it easier for consumers and small businesses to fix their electronics. According to two of the bill's sponsors, the bill, which would have introduced "fair repair" requirements for manufacturers in the state, will not get a hearing that's necessary to move the legislation forward. Minnesota Senate rules automatically kills any bills that do not have a hearing scheduled by a certain date (this year, it's March 10). Last year, tech industry lobbying killed a similar bill in New York. "Unfortunately, it's not going to make deadline this session," Republican Sen. David Osmek, one of the sponsors, told me in an email. Osmek would not give additional specifics about his colleagues' concerns with the bill, but a legislative assistant for the bill's other sponsor told me that electronic manufacturer lobbying is likely to blame, while another source close to the legislature told me that tractor manufacturer John Deere -- a long time enemy of fair repair -- helped kill the bill as well.

86 of 136 comments (clear)

  1. Start our own farm equipment company by Sebby · · Score: 4, Insightful

    Start our own equipment company, with full parts availability and no lock-in. They'll be selling like hotcakes!

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    1. Re:Start our own farm equipment company by hackwrench · · Score: 2

      With hookers and Blackjack.

    2. Re:Start our own farm equipment company by jenningsthecat · · Score: 1

      Start our own equipment company, with full parts availability and no lock-in. They'll be selling like hotcakes!

      Came here to say something similar - the comment subject was going to be "Time for some traitors". Basically, some companies already in various end-user-equipment manufacturing businesses should betray the brotherhood of pillaging corporations and take this opportunity to gain some market share.

      As for the "start our own equipment company" idea, it's a good one. But going head-to-head with the large incumbents will require sizeable investment - and it's the "investors rule" mentality that leads companies to do everything they can to get ALL the additional revenue that goes along with failures among the products they sell. I fear that even a company founded on the principle that customers actually own the equipment they buy, and therefore have a right to repair it, will sooner rather than later cave in to investor pressure. It is, after all, a defining characteristic of Capitalism.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    3. Re:Start our own farm equipment company by Grishnakh · · Score: 4, Interesting

      There's other equipment companies you can buy from. One big one is Kubota, a Japanese company. I'm not sure how their repairability compares to John Deere, but given how many times I've seen John Deere in the tech news about how the intentionally make it impossible for end-users to repair their equipment, I advocate buying Kubota or other foreign brands as a rule. They certainly can't be any worse than JD. Plus that bright orangish-red color is a lot easier to spot from a distance.

      And given they're engineered in Japan, they've got to be better designed. All the Japanese cars I've ever worked on have been so much better engineered than any American car I've touched, there's just no comparison. With American cars, the engines will frequently have some clever and innovative design, but the component reliability will be crap, and the rest of the car will be crap too, with interiors falling apart in a very short amount of time, and generally poor design and layout of everything (like making it unnecessarily difficult to change the oil or do other simple maintenance). With Japanese cars, they aren't always at the cutting-edge of technology, but the component reliability is great, the overall design is great, and they seem to be designed specifically for easy servicing.

    4. Re:Start our own farm equipment company by Anonymous Coward · · Score: 2, Funny

      Forget the equipment and the blackjack.

    5. Re:Start our own farm equipment company by Bob+the+Super+Hamste · · Score: 2

      Cars aren't like tractors. If they were you would still see ones from the 50s and 60s not just as show pieces but as daily use models. Tractors cater to a market that expects high reliability, ease of use, and ease of maintenance, or at least the farmers I know do. I do wonder if Case IH, Ford, and CAT are pulling this shit because it would be a great way to separate themselves from John Deere. Although there is a lot of brand loyalty with tractors and makes things like VI vs. Emacs or Ford vs. Chevy fights seem weak.

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    6. Re:Start our own farm equipment company by Grishnakh · · Score: 4, Interesting

      If there's that much "brand loyalty" that farmers are screwing themselves by continuing to buy from a manufacturer that screws them over with repairability, when there are better alternatives out there, then fuck the farmers. I have zero sympathy for people who make stupid buying decisions (in the face of much better alternatives) and then whine and complain about how the vendor is mistreating them.

      Tractors cater to a market that expects high reliability, ease of use, and ease of maintenance, or at least the farmers I know do.

      If they're buying John Deere, then obviously ease of maintenance is not a concern of theirs.

    7. Re:Start our own farm equipment company by HideyoshiJP · · Score: 1

      It's kind of funny when you consider the reason farm equipment companies tend to lobby for this sort of thing. Often times, they have to compete against their own older, more repairable models.

    8. Re:Start our own farm equipment company by Bob+the+Super+Hamste · · Score: 1

      Unfortunately I don't know any farmers who own anything much larger than a Model D, let alone anything approaching an 8000 series, and those are easy to maintain. I've never understood the brand loyalty with tractors either but then I am not a farmer.

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      Time to offend someone
    9. Re:Start our own farm equipment company by Grishnakh · · Score: 1

      I'm sure it's just as stupid as brand loyalty for any other brand: it's religious and has zero basis in rationality.

      There's a certain logic to preferring a certain brand if you're actually getting a great customer experience from that brand (for now, things change over time), and you can cite valid data as to why this brand's products and experience are better than competing brands. But this can only last as long as that brand's products and user experience stay good; if you continue to support and evangelize a brand that has long since turned user-hostile and/or is much worse than the competition, then you're just a religious idiot.

      You don't need to be a farmer to understand; blind and unwavering brand loyalty is stupid, no matter who you are.

    10. Re: Start our own farm equipment company by Grishnakh · · Score: 1

      I think it's already pretty obvious that John Deere makes it hard to impossible to repair their equipment; there's been plenty of articles about this, and I'm sure the customers already know what the situation is. So I don't see how the "good experiences" bit even applies here; JD customers are now having plainly bad experiences. On top of that, there's other brands out there (CAT, Kubota, etc.), from large and established manufacturers, and these are very expensive pieces of machinery, not cereal: are these farm equipment buyers not doing any research at all? Or seeking out other farmers and finding out what their experiences are?

      This is not like Microsoft; John Deere does not have a monopoly, or anything close to it. There's a bunch of ag equipment makers out there worldwide.

    11. Re:Start our own farm equipment company by caseih · · Score: 2

      It's true, and there is a lot less brand loyalty now than there was even a couple of years ago. We regularly see large operators change colors these days. And if you trade off every couple of years, then the repair-ability stuff doesn't even factor into the decision.

      But there are other factors to consider too. There's a certain amount of buy in to the GPS guidance and data acquisition technologies each color uses. Each brand has its own set of non-interoperable computer systems.

      As for me, these issues are becoming more and more important. I still prefer John Deere machines at present, though, because all other things being equal (IE cost), I just prefer the comfort of the cab and controls of the Deere to the other colors. I prefer the way their auto steer works, and I like the IVT. In the past Deere's quality really was above the rest. That's no longer true, unfortunately. Except for issues of personal preference and comfort (some cabs really are less comfortable), all the colors are about the same these days in terms of quality.

      The locked up software really bothers me. But for general repair-ability, at some point it's just a machine, which can be taken apart and understood. Sensors can be tested and replaced. Hydraulic seals can be replaced.

      Electronically, probably the best we can hope for is to route around the damage. If they don't want to let me control hydraulics over the Canbus, I can always interface with the control in a more analog manner. If I want to do my own auto steering system, I can always replace the steering valve with one that's easy to work with.

    12. Re: Start our own farm equipment company by oh_my_080980980 · · Score: 1

      Seriously, go fuck yourself. There's nothing, other than the law, that prevent other manufacturers from pulling the same shit. And that's the point, the law. So again go fuck yourself if you seriously think that JD is the only manufacturer that prevents people from repairing their own property.

    13. Re:Start our own farm equipment company by Bob+the+Super+Hamste · · Score: 1

      As a city boy with strong roots to rural America I still get a kick out of people who refer to tractors by color and not in a bad way it is I just don't hear that all that often. By the way my family was a red and black tractor family while my wife's was big into green with orange being acceptable. I do miss seeing the goldenrod yellow ones though.

      By the way I always though the Ford tractors from the 60s were really nice looking machines with the 2 tone paint and space age embellishments.

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      Time to offend someone
    14. Re:Start our own farm equipment company by Grishnakh · · Score: 1

      It seems like, with a little reverse engineering, it should be possible to make aftermarket products that interface with these machines, or let different brands interoperate. I wonder how lucrative that would be.

    15. Re:Start our own farm equipment company by Grishnakh · · Score: 1

      Tractors cater to a market that expects high reliability, ease of use, and ease of maintenance,

      You think car buyers don't care about these things too (except maybe the last one)? Most car buyers I've ever heard of want cars that are extremely reliable, and easy to drive. People who DIY also value cars that are easy to maintain.

    16. Re:Start our own farm equipment company by caseih · · Score: 1

      Aftermarket GPS guidance is very common. for example, AutoFarm can interface with any color, especially if you install a compatible steering valve block. Other companies like Outback also sell steering solutions for all makes and models. Kind of makes it easier to run multiple colors on one farm when you've just standardized on a third-party GPS solution.

    17. Re:Start our own farm equipment company by GuB-42 · · Score: 1

      Start our own equipment company, with full parts availability and no lock-in. They'll be selling like hotcakes!

      Not really, because you are going to charge more for it.
      It is the same situation as with razor and printers. They make the product cheap, expecting to profit on maintenance. They also use planned obsolescence in order to guarantee a stable revenue stream.
      With full part availability you won't have these options, and you'll have to make money in other ways, for example by charging a higher initial price. Also, in order to make such a model sustainable, you have to convince customers that the higher prices you charge are worth the investment. For this you need a trust, which require good marketing and a flawless record, which, in turn costs money and it will show on the final price...
      See how attractive vendor lock-in is.
      The whole point of making a law is that the free market isn't able to fix this problem by itself and there are issues that go beyond consumer satisfaction, like e-waste management.

    18. Re: Start our own farm equipment company by EmptyHead · · Score: 1

      Seriously, go fuck yourself. There's nothing, other than the law, that prevent other manufacturers from pulling the same shit. And that's the point, the law. So again go fuck yourself if you seriously think that JD is the only manufacturer that prevents people from repairing their own property.

      Dude, if you're not a farmer that has been ripped off by John Deere, you're really taking this too seriously.

  2. Min 5 year warranty required by Sebby · · Score: 1

    If those companies don't want to have customers being able to repair their equipments/electronics, these should be the conditions (I read this on another site):

    - 5 year minimum hardware warranty
    - 3 years phone support on software (included or embedded)
    - Security updates for as long as the hardware is expected to last*, and if not provided, company must provide a new 'current product' replacement free of charge (with full warranty)

    (*)"expected to last" means that if the product would normally continue to function, but been designed to fail/have its life shortened prematurely, then a replacement is also warranted. Example given was limiting the battery charge cycle to 3000 cycles when the battery could do 7000 cycles, limiting the useful life of the product (because the battery couldn't be swapped out because the device is a sealed unit).

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    1. Re:Min 5 year warranty required by tomhath · · Score: 3, Insightful

      You already have the right to not buy a product if you don't like the terms offered.

    2. Re:Min 5 year warranty required by Baron_Yam · · Score: 2

      The problem is when there is an effective cooperative oligopoly, or a monopoly.

      Have you tried to buy a phone case for something that isn't an iPhone lately? The iPhone is the current standard for accessories, so if you want accessories you're under heavy pressure to buy Apple.

      When that kind of thing happens, you can either allow the market to drift towards an abusive monopoly or you can attempt to correct things legislatively.

      And 'right-to-repair'... well, that should be the playing field for all manufacturers regardless of the amount of weight they carry. The idea that you can be sold an object but not actually have complete ownership rights over it is ridiculous. That idea becoming fact is obscene.

      Making products deliberately difficult to service or alter, then lobbying for laws to prohibit circumventing those artificial difficulties is not something that should be tolerated in a free society. Not for printer ink, not for gaming consoles, and not for tractors.

    3. Re:Min 5 year warranty required by Sebby · · Score: 2

      You already have the right to not buy a product if you don't like the terms offered.

      So by buying a product, you forfeit that right? Because that's basically what these companies are lobbying for.

      Funny, but I don't see the text anywhere saying I'm forfeiting that when I paid for the product that I own.

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    4. Re:Min 5 year warranty required by Grishnakh · · Score: 2

      One problem here is that a lot of this stuff isn't made plainly clear to customers before purchase. They certainly aren't going to advertise, "our products are specifically engineered so that you can't work on them, and you'll have to pay a small fortune for our technicians to come fix them in the field for you!". (Or, with more consumer-type goods like cars, "our cars are specifically designed so you can't even change your own oil, and it has to be done at the dealership at inflated prices!")

      There should be a law that this stuff should be made clear to the potential customer, so that they can compare brands based on these factors.

    5. Re:Min 5 year warranty required by Sebby · · Score: 1

      the right to repair, BTW.

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    6. Re:Min 5 year warranty required by Sebby · · Score: 1

      There should be a law that this stuff should be made clear to the potential customer, so that they can compare brands based on these factors.

      Exactly; if I end up forfeiting the right to repair stuff I paid for and that I own, then that should be clearly stated with a huge label covering the product before sale.

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    7. Re:Min 5 year warranty required by p4nther2004 · · Score: 1

      Considering I have an android phone (and no trouble getting accessories....) Seriously though. While I would like to agree with you on monopolies, I'm not sure sure that's the case here. There are other tractor companies (including ones from overseas). I agree that there is a huge corporate interest in moving toward "locked-in" items. But as others have pointed out - that makes openness a huge selling point.

    8. Re:Min 5 year warranty required by ir0nHat · · Score: 1

      Maybe the legislators need to take a difference approach. States like Texas should place the manufactures with DRM under the inventory tax. Business in Texas has to pay tax on the stupidest stuff. Restaurants have to pay for the salt-pepper shakers, chairs, forks, knives every year as an inventory tax. Most restaurants don’t sell this stuff, but it is part of there inventory. If the manufactures say they own the product, then they should pay the taxes (think of all the money the state could collect, “it’s for the Kids” [bullshit]) or let the people who purchase make the repairs with the manufacture manuals. It used to be a part of freedom. When I purchased my Porsche several years back, I got a full set of factory manuals (about 15 in total). If the legislators ever try it, this will open up one hell of a Pandora’s Box with DRM and manufactures trying to own the product forever.

    9. Re:Min 5 year warranty required by KalvinB · · Score: 2

      That works out great unless the all the companies that supply the product are conspiring together as is the case with farm equipment.

      A big part of the issue is that farm equipment has become so expensive and so complicated that to make it affordable they prevent users from servicing the equipment to recoup costs in repairs. It's the printer and ink way of doing business. Farmers don't really own the equipment. They're leasing it. And while you can do your own repairs on a leased vehicle, it's generally a bad idea. And when the vehicle costs millions of dollars, it's a really bad idea.

      Sure, you can buy an older tractor. But the cost of food is so low that you won't be able to grow or harvest enough with your fix it yourself tractor to make a living.

    10. Re:Min 5 year warranty required by dryeo · · Score: 1

      Did Porsche throw the manuals in or did you have to pay? I've always had to pay for factory manuals for my cars. Usually the price has been reasonable. I did buy an expensive lawnmower the other year, made by Honda, USA, and the only way I can buy the service manual here in Canada is by importing it from another market. It would have helped me diagnose the ignition unit that died a couple of months after the warranty ran out.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    11. Re:Min 5 year warranty required by angel'o'sphere · · Score: 1

      And you have the right, but unfortunately not the obligation, to not be (or behave like) an idiot.

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    12. Re:Min 5 year warranty required by Sebby · · Score: 1

      Show me in law where it states I don't have the right to repair my own stuff.

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    13. Re:Min 5 year warranty required by Gr8Apes · · Score: 1

      Actually, these companies are lobbying to retain ownership rights to the items they sell you. This is a double whammy on the purchaser who no longer owns the object he bought, and can only use it as the seller wants. So you buy a screwdriver and need to pry up that board? Sorry, you cannot use your screwdriver that way.

      --
      The cesspool just got a check and balance.
    14. Re:Min 5 year warranty required by ir0nHat · · Score: 1

      Came from the Porsche factory in english along with the birth certificate for the car, but had to pay the UPS shipping.

    15. Re:Min 5 year warranty required by Altrag · · Score: 1

      You have all rights that aren't explicitly removed from you by law.

      "Right to repair" is a bit of a misnomer in a sense. Regardless of this law, there is nothing stopping you from from attempting to repair your equipment legally speaking. What there is is manufacturers making it very hard to do so without damaging things beyond repair.

      "Right to repair"-type laws are actually removing the right from manufacturers to intentionally and unjustifiably make things difficult for the end user to repair themselves by for instance holding back critical repair information or using proprietary bolt styles and refusing to sell the necessary tools or other such methods.

      At least for the hardware. Software is trickier since its potentially subject to copyright and EULAs and other things that don't apply to the physical machine. Not sure how deep these right to repair laws go into that type of thing, and there could even be divisions here -- for example changing your car's computer configuration may need to fall under different legislation than changing the software that reads and uses said configuration since the software is likely protected by EULA and/or copyright while the configuration settings probably aren't.

    16. Re:Min 5 year warranty required by Sebby · · Score: 1

      Show me in either statutory or case law that says you do.

      You have all rights that aren't explicitly removed from you by law.

      BAM!!!

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    17. Re:Min 5 year warranty required by EmptyHead · · Score: 1

      Actually, these companies are lobbying to retain ownership rights to the items they sell you. This is a double whammy on the purchaser who no longer owns the object he bought, and can only use it as the seller wants. So you buy a screwdriver and need to pry up that board? Sorry, you cannot use your screwdriver that way.

      Interesting, kinda like what the software industry has been ramming down our throats for years. I guess the tractor companies will embrace a subscription model soon, perhaps without the perks of upgrades. They shouldn't call it ownership without rights to repair or do anything else we want to with the darn tractors/cars/whatever. I have seen in the shade tree mechanic and hot rodding circles that the Japanese stuff is a lot nicer to work with because they haven't deliberately coded parts to each other and done other things to make working on their stuff absolutely miserable. I still buy American, but things like this tempt me to stop enabling their greedy and short sighted behavior.

  3. Who bribed who ? by Alain+Williams · · Score: 1

    and how much ?

  4. It's not by desdinova+216 · · Score: 3, Informative

    Apple or the tech companies that are the targets it's the farm equipment manufacturers and auto manufacturers who want to lock down diagnostic and repair.

    1. Re:It's not by freeze128 · · Score: 1

      John Deere doesn't want to give its customers the ability to change the software that is controlling their farm equipment - for fear that will somehow allow the customer to "make their own" farm equipment. This is funny to me, because, humans have been farming without software for centuries!

    2. Re:It's not by Joe_Dragon · · Score: 4, Insightful

      John Deere wants dealer only service and no 3rd party parts.

    3. Re:It's not by pinkfalcon · · Score: 2

      John Deere has a lot of proprietary software that they do have a legitimate reason to protect. Their self-driving tractors that can compute the optimum path to cover a field, their ability to track how much is harvested per acre, which get's uploaded to their central servers so they can crunch it and sell it back to the farmers.

      Unfortunately, the laws (pushed by John Deere, and I think Case as well) do not distinguish between software and hardware.
      I remember watching my Uncle pulling a starter out of a Chevy Impala and putting it into a John Deere in under 30 minutes so he could go out and feed the cows. I fear those days are probably gone (Note: that particular chore doesn't require any of the proprietary software)

      --
      Real SUV's don't have cupholders
      It's 5:42 A.M., do you know where your stack pointer is?
  5. Tighten The Noose Of The New Slavery by zenlessyank · · Score: 1

    Movement ever so gently. Soon you will lose your last 4 or 5 freedoms you still have. He who has the money makes the rules. Bring on the robots and dump us in the sea.

  6. New list member! by AndyKron · · Score: 1

    I used to like John Deere until this shit happened. Now they're right up there with Apple and Disney on my Fuck You list.

  7. So, kill it back. by Anonymous Coward · · Score: 1

    The lobyists, that is.
    It's high time bribery was punished like the crime of government corruption it's supposed to be.

  8. Farms these days aren't "small businesses." by interkin3tic · · Score: 2, Informative

    Red states' wet dreams involve small independent farming families sustaining themselves by the sweat of their brow independently.

    If it helps pass good laws, sure. But it's worth pointing out that such people are myths now if they weren't always. There are two million farms in the us, and they're mostly mega corporation farms now. In a nation of 300 million people, that's really an insignificant part of the US.

    I would guess that there are orders of magnitude more people who would be interesting in being able to fix their iphone screen than there are small farmers who are just trying to replace the parts on pa's old tractor with money and parts from under the old feather mattress.

    Pass a bill saying "except for farm equipment." John Deere lobbyists will back off, the vast majority of Minnesotans will be able to fix their electronics, everyone wins except for some mega farm corporations who can afford it anyway and big tech. Not the most satisfying outcome, but seriously, give it up with the small farmer bit. They're not worth worrying about even though the right wing acts like they're the only true Americans.

    1. Re:Farms these days aren't "small businesses." by Anonymous Coward · · Score: 1

      And what about all of the people who aren't 'farmers', but still do have farm equipment that they use to maintain their own property and their own personal gardens? I live in a rural area with a few farms around, but almost every one of my non-farmer neighbors own an old tractor. In fact, I also bought a small used tractor to tend to my own property. Are you saying that it isn't worth fighting for my right to repair my own equipment for my personal use?

    2. Re:Farms these days aren't "small businesses." by desdinova+216 · · Score: 1

      but exempting the farm equipment defeats the real purpose of this

    3. Re:Farms these days aren't "small businesses." by edtice1559 · · Score: 1

      More likely JD's business model is similar to printer manufacturers and razor blade makers. Sell the product at a loss and then milk the customer on supplies and maintenance. Hence why they are so opposed to this type of legislation.

  9. Right to not buy by McGiraf · · Score: 1

    exercise it, before this one goes too.

  10. How capitalism works by OrangeTide · · Score: 1

    Works great, and if you're profitable you can go public. Once you are public you'll have a board. And if John Deere offers your board $1B to buy them out, they can undo the original purpose of your business. It will all be perfectly legal.

    --
    “Common sense is not so common.” — Voltaire
    1. Re:How capitalism works by PoopJuggler · · Score: 1

      That's why you don't go public.

    2. Re:How capitalism works by x0ra · · Score: 1

      Your government and corporations are working together in their best interests and not yours. That's called fascism.

      Actually, that's called "crony capitalism".

  11. Re:Small change will fix it by OrangeTide · · Score: 1

    I'm fine with everyone having a nearly unlimited amount of rights, as long as they don't interfere with my rights.

    --
    “Common sense is not so common.” — Voltaire
  12. No, don't blame Deere or the electronics industry by fustakrakich · · Score: 4, Insightful

    Blame the politicians who took their money to kill the bill, and ultimately blame the people who reelect them. There is no hope unless they are voted out.

    --
    “He’s not deformed, he’s just drunk!”
  13. Re:No, don't blame Deere or the electronics indust by PoopJuggler · · Score: 3, Insightful

    Why can't we blame all of the above?

  14. Capitalism is great!... the best! by mspohr · · Score: 1

    This is a good example of our corrupt political and economic system.
    We have corporations who find it profitable to restrict customer access to the products they make.
    Customers want to be able to fix the stuff they've bought so they try to get the politicians to pass a law.
    Corporations don't want this law so they pay off the politicians who promptly forget about their constituents and pocket the money.
    Corporations and politicians working together to increase profits... screw the citizens.

    --
    I don't read your sig. Why are you reading mine?
  15. Interesting side note... by transami · · Score: 2

    Appliance makers are transitioning to 3-year built-in obsolescence designs. That means you will have to repair or replace 50% of your appliances every three years! And of course it will almost always be cheaper to replace. In fact, that is their excuse for why this is better -- initial prices will be lower. See how clever they are?

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    :T:R:A:N:S:
  16. Re:Right not to void warranty by Grishnakh · · Score: 3, Informative

    You can still repair anything you want, and you can pay anyone you want to repair your device, you just can't expect the company to warranty your device afterwards.

    Wrong. See the Magnusson-Moss Warranty Act of 1975.

    Manufacturers can only refuse to honor warranties if they can prove that your repair is what caused the problem.

  17. Perhaps not all is lost by Scarred+Intellect · · Score: 4, Interesting

    Though I HATE Wired, they have this to say:

    Last Friday [Oct 28, 2016], a new exemption to the decades-old law known as the Digital Millennium Copyright Act quietly kicked in, carving out protections for Americans to hack their own devices without fear that the DMCA’s ban on circumventing protections on copyrighted systems would allow manufacturers to sue them. One exemption, crucially, will allow new forms of security research on those consumer devices. Another allows for the digital repair of vehicles.

    TFA

    1. Re:Perhaps not all is lost by Anonymous Coward · · Score: 1

      "Another allows for the digital repair of vehicles."

      This is one prime example of the need for these laws.
      More and more, automakers are encrypting the computer communication in a vehicle, making it almost impossible to diagnose and fix issues yourself. We're not even talking trying to mod your vehicle, just being able to determine the fault your dashboard lights up for is actually a simple gas-cap issue could end up costing you hundreds of dollars in "diagnostic fees" when you are required to go to the dealer.

  18. Re:No, don't blame Deere or the electronics indust by alexo · · Score: 1

    Just goes to prove yet again that America has the finest democracy money can buy.

  19. It's a RENTAL, not a purchase by PeeAitchPee · · Score: 1

    Call it what it actually is with these ridiculous anti-consumer rules. If I can't do what I please with hardware I *bought*, I didn't really buy it, did I?

    1. Re:It's a RENTAL, not a purchase by Rufty · · Score: 1

      nor can I legally modify my router to use banned spectrum bands

      Got a ham license? Then go right ahead for WiFi channel -2.

      --
      Red to red, black to black. Switch it on, but stand well back.
    2. Re:It's a RENTAL, not a purchase by ColdWetDog · · Score: 1

      Interesting. I didn't think my amateur radio license allows me to bypass the emission controls on my car... I'll have to look into that.

      --
      Faster! Faster! Faster would be better!
    3. Re:It's a RENTAL, not a purchase by AsylumWraith · · Score: 1

      That's a silly statement. I can't legally disable the emissions controls on my car nor can I legally modify my router to use banned spectrum bands, but that doesn't mean i don't own both things.

      Of course you can. You can legally disable whatever you want on your vehicle. What you won't be allowed to do is have it pass inspection, or drive it on public roads.

      And as the other poster mentioned, (and I actually do have an amateur license,) I can modify my router to transmit on any band that I have privileges on, that allows that particular emission type, (60-meters/5MHz is the only one I can think of that would completely bar something like that.) For that matter, I could modify it to transmit on bands where I don't have privileges, and you could, too. What neither of us would be allowed to do is transmit on publicly owned airwaves not allocated to that use.

      In both cases, it's not that you can't modify your own equipment, (car, wifi router,) it's that you cannot use uncertified equipment on a public owned resource, (public roadways, public airwaves.)

    4. Re:It's a RENTAL, not a purchase by Cmdln+Daco · · Score: 1

      Move to a state like Indiana, which has NO vehicle emissions inspections.

  20. Bypass them by antigravity · · Score: 2

    Looks like more and more issues (Medical insurance, Right to repair, ) should be brought forward in the form of constitutional amendments. Power to the people!

  21. Re:Right not to void warranty by omnichad · · Score: 1

    You can still repair anything you want, and you can pay anyone you want to repair your device

    DMCA - no exception even for personal use. If they use any form of soft protection, encryption, or obfuscation, it's protected from your hands by law.

    you just can't expect the company to warranty your device afterwards.

    On the other hand, Magnuson-Moss Warranty Act

  22. Re:Unfortunate by Applehu+Akbar · · Score: 2

    This is not about smartphones and computers, although right-to-repair would benefit every owner of these devices. It's a battle going on in every farm state over being able to repair farm equipment.

  23. Re:Bypass them by MickyTheIdiot · · Score: 1

    You don't need constitutional amendments for each and every issue. To need a single constitutional amendment to limit influence of the massive amount of lobbyist and donor cash that has flowed into government since 1980.

    The amount influence corporate cash has on the system is the problem that is behind every major problem we have, whether it is health care, right to repair, or massive amount of money we are spending on national defence. The situation looks a whole hell of a lot like we have no representation... that is we have representation in name only. My Congressional rep sure as hell doesn't care about his constituents. It's all about the donor culture now. If we are smart we would working to change THAT.

  24. Re:Small change will fix it by dryeo · · Score: 2

    Rights are a very human concept. In reality, you have the rights you take and can defend, and that is the law of nature. It's a dog-eat-dog world and survival of the fittest, and the universe owes you nothing. Your right to life extends only as far as your ability to defend your life. If you are prey it's because you are not strong enough to be predator.

    While you're right on one level, on another level you're wrong.
    People are a social animal and we can act as a group and defend each others rights. As a group, our right to life actually extends as far as the group has the ability to defend members of the groups life. Other rights are similar, if the group decides that freedom of speech should be defended, the group can defend the individuals right to speech. Of course there are still conflicts such as this article where the right to profit is up against property rights

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  25. Re:Small change will fix it by OrangeTide · · Score: 1

    Those humans who form into cooperative groups, let's call them communities, have out lasted those humans who did not. (or precursors to humans)

    --
    “Common sense is not so common.” — Voltaire
  26. GOP double speak by damn_registrars · · Score: 1

    The GOP now claims to be the party that represents rural America. In MN they have the majority of both the state house and state senate. If the state senate committee was divided up to match the division of the chamber itself, then the GOP only needed to convince one or two democrats to approve the bill past committee in order to get it up to a vote in the chamber.

    If they couldn't bring themselves to work with the democrats enough to get just one or two senators to approve the bill to go past committee, they have nothing to bitch about. This should not have been a difficult bill to get moved forward. More likely they are getting their wheels greased by the farm implement industry just as much (if not more) than the democrats and as a result they couldn't be bothered to put any real effort into seeing this bill go through; it was in their interest to just make a statement by saying they wrote and proposed it.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  27. rental so the landlord needs to pay for repairs an by Joe_Dragon · · Score: 1

    rental so the landlord needs to pay for repairs and maintenance

  28. Re:Unfortunate by TheFakeTimCook · · Score: 2

    This is not about smartphones and computers, although right-to-repair would benefit every owner of these devices. It's a battle going on in every farm state over being able to repair farm equipment.

    The problem is, the bill won't be crafted finely-enough to place a distinction between classes of devices, such as cellphones, which just CAN'T be repaired by most people with commonly-available and relatively inexpensive tools (who wants to buy an SMT rework station to replace that BGA-packaged SoC?), and a John Deere tractor, which can.

    This will result in a bunch of idiots suing Apple, Samsung, HTC, etc. for a DECADE to try and force them to publish Service Manuals and provide "Spare Parts" for the (still unrepairable for most people, no matter what the law says) smartphones and other asininely-complicated embedded products, and to no real eventual outcome other than making some lawyers rich(er).

    Believe me when I say that I agree that, what John Deere and other farm equipment companies is as dickish as it gets; but there really IS a vast-difference between repairing a tractor with a 10 mm Socket Wrench, and repairing a smartphone with a bad Flash chip. Yes, fundamentally, they are both "repairs"; but that is about ALL they have in common.

  29. Re:No, don't blame Deere or the electronics indust by hey! · · Score: 4, Interesting

    A couple of years ago I undertook to read the complete output of the science fiction writer H. Beam Piper, who died in 1964. For most of his career he was a bottom-of-the-pack pro-writer, managing to get published regularly but never quite making enough to quit his job as a laborer in the Altoona PA railroad yards.

    That's because for the most of his career he was a technically mediocre writer. His stories, taken on their own, were adequate for the most part. But if you look at his stories as a body, they're quite spectacular, envisioning a consistent history stretching thirty thousand years into the future (and some direction laterally if you count his "paratime" stories).

    We take this kind of "world building" for granted in the post-LotR era; many aspiring writers start by creating elaborate historical backstories. What set Piper apart from these naval-gazing wannabes is that his future history is built around a single, central idea: nothing ever works for long. Sooner or later some people stop doing the things that system needs to be done because they've forgot why it should be done; or other people figure out ways to game the system; or both.

    His stories always end on a happy, hopeful note, but if you fit it into the timeline with the next story it turns out that everything must have gone to hell in the end.

    In many ways what we are seeing looks like the Piperian historical senescence of American small-r republicanism. Some people have stopped doing some of the things the system needs (informing themselves and dealing with opposing viewpoints). Others have figured out how to game the system (buying politicians without legally appearing to do so; flooding the mediasphere with bullshit).

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  30. Re:Unfortunate by oh_my_080980980 · · Score: 1

    Yo jackass, this affects repair shops. People who repair electronics. Moron.

  31. speaking of confusion ... by OrangeTide · · Score: 1

    You're confusing Corporate Statism with Fascism.

    Fascism is simply an authoritarian government that asserts the superiority or rightness of a national identity, and strives to take power away from anyone that does not fit their ideal blueprint. Usually the platform for a fascist is positioned as a way to protect the country from outside enemies. And to bring a nation back to the culture and tradition that liberalism has destroyed. Of course the narrative might be imaginary, but it is always presented as a firmly understood fact.

    Some fascist leaders may choose to nationalize businesses (socialized economy), others may choose to privatize services and establish panels of industry leaders that are placed under the fascist government. But how that goes down isn't necessarily particular to fascism. And you can end up in similar situations with class based Leninism or any number of Oligarchies, such as Plutocracy or Military Junta.

    PS - Nepotism with a little Kleptocracy is how I'd describe the ill defined "crony capitalism"

    --
    “Common sense is not so common.” — Voltaire
  32. Re:Unfortunate by mukinrestak · · Score: 1

    Um, MANY cell phone repairs can be done with nothing more than a replacement part, the right screwdrivers, and a spudger. Add in a soldering iron and you can do even more. Admittedly, they're not repairs of the rework-station-needed type, but once you hit that point it's probably cheaper to just replace the damned phone.

    It doesn't take all that much brain power to watch an ifixit teardown and replace a cracked screen/digitizer, or replace a battery.

    As for "This will result in a bunch of idiots suing Apple, Samsung, HTC, etc. for a DECADE to try and force them to publish Service Manuals and provide "Spare Parts" for the (still unrepairable for most people, no matter what the law says) smartphones and other asininely-complicated embedded products, and to no real eventual outcome other than making some lawyers rich(er)." that will be Apple/Samsung/HTC etc's fault for not publishing the fucking manuals in the first place and instead trying to create monopolies on repair as well as planned obsolesence..

  33. Re:Unfortunate by TheFakeTimCook · · Score: 1

    Yo jackass, this affects repair shops. People who repair electronics. Moron.

    Been there, done that, moron. So I actually do know a bit about this topic.

    95% of the "Repair Shops" have no more SMT rework equipment nor expertise than my dog. This does NOT affect them from being able to replace a display module or battery on an iPhone; but most of them (fortunately!) will not even attempt to go much deeper than that in a smartphone. The risk of "collateral damage" is just too high.

    But those aren't the people who will file lawsuits and drag this out in the Courts for years. No, that will be the stupid Slashdotters (and their ilk) who THINK they know how to reflow a BGA package because they once soldered an 8-pin SO-8 SMT Op Amp package successfully, and who get all full of (un)righteous indignation that someone would (wisely) tell them that what's on the mainboard of their smartphone is a whole 'nuther matter.

    There is a difference. But the law won't be written that "smart", I can assure you.

  34. Re:Unfortunate by TheFakeTimCook · · Score: 1

    Um, MANY cell phone repairs can be done with nothing more than a replacement part, the right screwdrivers, and a spudger. Add in a soldering iron and you can do even more. Admittedly, they're not repairs of the rework-station-needed type, but once you hit that point it's probably cheaper to just replace the damned phone. It doesn't take all that much brain power to watch an ifixit teardown and replace a cracked screen/digitizer, or replace a battery. As for "This will result in a bunch of idiots suing Apple, Samsung, HTC, etc. for a DECADE to try and force them to publish Service Manuals and provide "Spare Parts" for the (still unrepairable for most people, no matter what the law says) smartphones and other asininely-complicated embedded products, and to no real eventual outcome other than making some lawyers rich(er)." that will be Apple/Samsung/HTC etc's fault for not publishing the fucking manuals in the first place and instead trying to create monopolies on repair as well as planned obsolesence..

    First, I wasn't talking about the average "ifixit"-level repair. Of course there will be a continued and burgeoning class of shops and individuals that will be able to pull-off that sort of thing.

    But it's the people that THINK they can go FURTHER with a heat-gun and spudger that will get all indignant and call things "unrepairable" and start filing lawsuits (haven't we already had a few of those?). THOSE are the people that will make it so the rest of us can never have anything nice...

  35. Re:Unfortunate by mellon · · Score: 1

    You don't seem to know very much about the topic. Right to repair means that the manufacturer can't lock me out of repairing the device. That's a pretty reasonable ask: I spent the money on the device, it's very much against my interests for there _not_ to be a market for repairs on the device. Might this result in Apple getting sued? Sure, if they lock me out of repairing my device. How is that a bad thing?

  36. Re:Unfortunate by TheFakeTimCook · · Score: 1

    You don't seem to know very much about the topic. Right to repair means that the manufacturer can't lock me out of repairing the device. That's a pretty reasonable ask: I spent the money on the device, it's very much against my interests for there _not_ to be a market for repairs on the device. Might this result in Apple getting sued? Sure, if they lock me out of repairing my device. How is that a bad thing?

    They can't lock you out in any practical sense. They can TRY; but they can't actually do it and still make the device repairable by THEM, too.

    Besides, weren't these mfgs. Trying to use the DMCA to prevent people from repairing cars and farm equipment, or publishing repair manuals? The doctrine of First Sale applies. So, NO ONE can keep you from doing anything other than making something into a bomb, etc. And it is not illegal to publish a tear down or repair guide for anything that doesn't involve National Security.

  37. Re:Unfortunate by tsa · · Score: 1

    Way to go for calling names. It really helps the conversation along.

    --

    -- Cheers!

  38. Dear fellow citizen... by martinfb · · Score: 1

    Dear fellow citizen:

    Don't you think it is time that governments actually SERVE THE PUBLIC?!

    Then why the fuck are you voting these assholes into office?!
    And, if an election was stolen, then why aren't you participating in the revolt about it?!

    --


    Self-importance and self-indulgence is the root of ALL evil.