Massachusetts Senate Passes Resolution To Do In-Depth Study On Right-To-Repair (vice.com)
An anonymous reader quotes a report from Motherboard: On July 25, the Massachusetts Senate approved a Resolution that would create a special commission that would research the feasibility of forcing device manufacturers to treat customers and independent repair shops the same as officially licensed repair outlets. According to the proposed study, that means providing customers and independent repair shops with "repair technical updates, diagnostic software, service access passwords, updates and corrections to firmware, and related documentation." Gay Gordon Byrne, executive director of The Repair Organization, helped push the bill in 2012 and has been working to extend the law to tech companies ever since. "This is just one step in a series of steps that will end Repair Monopolies for technology products. I'm thrilled," Byrne told me in an email about the pending study.
The Resolution to create the study group still needs to pass the Massachusetts House, but the session ends July 31 so right-to-repair watch dogs won't have to wait long to see if it goes forward. The proposed makeup of the study commission shows that the legislature is serious about the issue and also reveals how big tech's repair monopoly is about much more than just being able to open up your iPhone without voiding the warranty. The legislature wants the study commission to include 23 members, including various members of the legislature but also a wealth of experts in various tech fields. They want someone from the Massachusetts Farm Bureau, a medical device manufacturer, an expert on electronic waste recycling, someone who repairs complex medical equipment, an intellectual property lawyer, a cyber security expert, a local farmer, and various other experts and citizens affected or knowledgeable about the right-to-repair.
The Resolution to create the study group still needs to pass the Massachusetts House, but the session ends July 31 so right-to-repair watch dogs won't have to wait long to see if it goes forward. The proposed makeup of the study commission shows that the legislature is serious about the issue and also reveals how big tech's repair monopoly is about much more than just being able to open up your iPhone without voiding the warranty. The legislature wants the study commission to include 23 members, including various members of the legislature but also a wealth of experts in various tech fields. They want someone from the Massachusetts Farm Bureau, a medical device manufacturer, an expert on electronic waste recycling, someone who repairs complex medical equipment, an intellectual property lawyer, a cyber security expert, a local farmer, and various other experts and citizens affected or knowledgeable about the right-to-repair.
Tell me, Mr. Anderson... what good is a right to repair... if your devices are glued shut?
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You buy something, it's yours. Why is it more complicated than that?
Hopefully this leads to a ban of all Tesla’s since they made them illegal to repair yourself.
I honestly don't know. If I establish my own repair shop for Teslas, can I freely buy all the required HW and SW from Tesla Inc?
Thanks!
Most modern cars store their configuration in encrypted CCF files - usually over the CANbus network in the engine management unit - and you have to buy a decryption key for hundreds (or even thousands) of dollars if you want to change anything.
e.g.: Want to replace the pathetic factory fitted halogen headlamps with HID or even laser-phosphorous headlamps? The new ones won't even turn on until you update the encrypted CCF to tell it what type of headlamp they are.
It is never illegal to repair anything you own. You may void the warranty by doing so, but that's not illegal.
the study's the first step to that. They'll run numbers showing the cost to the taxpayer of devices that crap out on the user after a year or two and that can't be repaired by design. Once there's hard numbers it'll be harder for the companies to hide behind ambiguity like they do today.
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Also needs to be addressed
If they say "yes you have the right to repair your property" resellers/manufactures will simply say your renting the device, you don't own it.
So you cant touch it as it is not yours.
Take for instance, hardware that is more than capable of running other things (take a nintendo switch for instance. Without the locked boot loader, it can run Linux just like any other tegra based system. Works great doing it too.) that is crippled by its retailer/OEM to only run a single ecosystem, designed to be locked down hard, where there is no viable alternative market space for software.
I am picking on Nintendo here, because of how they chose to combine hardware IDs with user IDs for their services. (Each console has a unique console certificate that is used to encrypt the eMMC module, preventing you from simply replacing it, even though it is modular-- for starters. This certificate is also used to ban the console if it is modified in any way nintendo does not like, even if those modifications are redacted/expunged.)
suppose for a moment that you purchase a second hand switch from say-- ebay, or a used item from Amazon. The console works perfectly fine, but has a banned certificate. (Or, it does not work properly, and has a bad eMMC module, which again, is modular.) You might have the right to repair the console, but you do not have access to the digital keys needed to replace or restore the eMMC's contents to factory defaults, and you do not have a means of compelling Nintendo to unban the console if they did so after doing the restoration.
These kinds of things are direct consequences of hardware based distribution control mechanisms, and are wholly incompatible with right to repair, and first sale doctrine type protections.
If the US government is going to start championing for consumer rights in the forms of right to repair type regulations, they are going to have to put a foot down on hardware based DRM mechanisms, which imply a fixed ecosystem for that hardware, and a sole point-of-authority on legitimate repair and return to service.
That means:
No locked boot loaders
No hardware unique certificates or identifiers
No hardware encrypted storage (software encrypted is fine)
Good luck getting companies like console makers to abide by those. They will tell you all about how those restrictions are absolutely required for their industry, and the like.
In short, the government has to either decide to shit or get off the pot on that. There is no compromise. Either those things are made illegal, and right to repair rules-- or right to repair dies, and locked hardware stays a thing.
There ARE cases where manufacturers have valid reasons to want to withhold information.
Example:
If I loose the keys to my car, in most cases I can go to the dealer (which depending on the car may involve having the car towed there), prove that I am who I say I am and that I own the car, pay a nice chunk of money and get a new set of keys made and programmed and paired to the car.
If the car manufacturers are forced to release all the info to people other than dealers, it becomes possible for criminals to buy all the tools, parts and manuals to do the exact thing as above minus the ID checks and then use that to access and steal cars.
And that's just one example.
I believe that at the very least in exchange for a patent the patent holder should be required to provide complete documentation and detailed schematics. That alone would go a very long way to help people repair their own devices and I believe it also fits perfectly with the spirit of patent law.
Massachusetts legislators mutter about right-to-repair so that manufacturers and their lobby will stump up more campaign dollars.
This is a resolution to initiate a study: the government equivalent of your parents saying "sure, we'll think about it".
That's all.
The anti-repair lobbying money won't start substantially until the study is completed.
And let's be totally candid here. The people cheering this study only look forward to it because they expect to be validated. Largely, they don't want simply to reveal facts...unless those facts agree with them.
What if the study actually determines that the best net economic result is to block private repair? Today's ardent supporters will just say it was rigged anyway.
-Styopa
Whoops, no security updates for you - time for a new phone / Android Tablet whatever. Most simply turf product. Landfill is evil and unethical.
One solution is a 20% state tax surcharge on brandname products deemed repair costly or containing repair defeats.
End of life products or no longer supported - should have the gates thrown open - recycling, reverse engineering, anything and everything exposed - all legal - 3rd party software resellers al legal. The reason this does not happen now - is secret non-support agreements.
If expensive watch company wont sell watchband parts, glass bezels or crowns to qualified people - they deserve copy cats and loss product monopoly. Ditto for Cameras and software.
renting = landlord pay for repairs that will fix it.
The idea that the client or purchaser of a product should have access to repair or to modify a product is the foundation of the Gnu Public License, the software licensing model published by the Free Software Foundation, whose business offices are in Massachusetts. It's also a state where the legislature mandated that government documents be in open formats That was around 2005, and led to profound political hardball, such as the creation of the mislabeled "Open Office XML" format, created by Microsoft by get past the new laws and which, functionally, Microsoft ignores to continue with proprietary and unstable document formats in its flagship "Office" products..
It will be fascinating to see this play out in a state with that kind of legislative history.
So, you can look at government as a product or extension of the free market's own corrective mechanisms. Or, because the sets of market and government participants are identical, you could say that both the market and government are just products of a free people working out the rules for how to be a society.
Not a dupe, but highly correlated issue. Where the lifespan of equipment that can be responsibly used is limited by it's software support lifespan: https://ask.slashdot.org/story... Someone builds a 100K$ piece of equipment using a windows 7 workstation as a front-end, and in 2020 it's a paperweight?
...that the "review period" is the appropriate time period to use campaign contributions to influence the "outcome" of the study
Will this force Samsung and the other android manufacturers to provide their signing keys so that people can run whatever they want without unlocking the bootloader and breaking widevine?
This is a resolution to initiate a study: the government equivalent of your parents saying "sure, we'll think about it".
That's all. The anti-repair lobbying money won't start substantially until the study is completed.
It's doubtful that the lobbying would matter. When Right to Repair for cars went to a referendum, it got 86% support. I don't think they could spend enough advertising dollars to get 40% of the voters to change their minds.
And let's be totally candid here. The people cheering this study only look forward to it because they expect to be validated. Largely, they don't want simply to reveal facts...unless those facts agree with them.
What if the study actually determines that the best net economic result is to block private repair? Today's ardent supporters will just say it was rigged anyway.
That would be the bigger concern. Not the rigged part, that's just your paranoia and/or projecting, but ignoring the results of the study. The results won't just be about out-of-pocket costs, though, but will include things like environmental impact. This is Massachusetts, where there's a much higher proportion of scientists and engineers than most other parts of the country, so they'll do more than a superficial study, and hopefully they'll follow the results.
What if the study actually determines that the best net economic result is to block private repair?
And what if another study actually determines that Laws of Thermodynamics don't hold true?
From what we know at present, that is possible only if Broken Window Fallacy is not considered. I don't think a study can beat the logic and stand.
Well, that won't ever happen, because usually the biggest barrier to repairing things is copyright law with the bonus twist of DMCA. The government is already neck-deep in preventing a free market from happening.
It is silly to suggest the government should abstain from putting loaded guns in manufacturers' faces saying "make it maintainable" ..
..Unless you're going to stop putting a loaded gun in consumers' faces saying "don't try to maintain that."
"Believe me!" -- Donald Trump
John Deere went crying to mama and enacted state violence first, by using DMCA.
Consumers are just asking to use retaliatory violence. The escalation to the use of force was initiated by John Deere.
Don't go around punching people! But if someone punches you, you should strike back, and harder.
"Believe me!" -- Donald Trump
anyone else remember the suicide batteries in Capcom & Sega arcade boards? That should be illegal. Come up with a better way to do DRM than killing the board I spent $3-5k on.
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Right to repair doesn't matter when the manufacturer designs them as disposable, and their "warranty" is a "replacement warranty". You'll never be able to force manufacturers to design a crappier product held together by screws and zip ties, when it makes more sense to build one welded together or filled with epoxy. I don't want a phone, frankly, where you can remove the buttons with a screwdriver. I want a phone that is compact and feels really sturdy, like one piece, backed by the manufacturer being willing to just swap it out if it fails.
Just because I can hook a shark from a boat, I do no offer to wrestle it in the water.
yes, we know what it should mean
we deliberately use the word, with disparagement, to emphasize they want it both ways but with impunity to obligation
Let's say you just had a battery replaced in your iPhone, and then a part with a know manufacturing defect that only can be obtained from Apple fails. Does Apple have the right to refuse repair of the phone or supply the parts?
I know there would be an outcry if Ford refused repair of a car just out of warranty because you had the oil changed somewhere besides a Ford dealer, and yet this is Apple policy.
This just happened to me. I've retired my Apple Watch and iPhone in Favor of a Galaxy Note and Gear Frontier watch.
Greed is the root of all evil.