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Did John Deere Just Swindle California's Farmers Out of Their Right to Repair? (wired.com)

An anonymous reader quotes a new Wired opinion piece by Kyle Wiens and Elizabeth Chamberlain from iFixit: A big California farmers' lobbying group just blithely signed away farmers' right to access or modify the source code of any farm equipment software. As an organization representing 2.5 million California agriculture jobs, the California Farm Bureau gave up the right to purchase repair parts without going through a dealer. Farmers can't change engine settings, can't retrofit old equipment with new features, and can't modify their tractors to meet new environmental standards on their own. Worse, the lobbyists are calling it a victory.... John Deere and friends had already made every single "concession" earlier this year...

Just after the California bill was introduced, the farm equipment manufacturers started circulating a flyer titled "Manufacturers and Dealers Support Commonsense Repair Solutions." In that document, they promised to provide manuals, guides, and other information by model year 2021. But the flyer insisted upon a distinction between a right to repair a vehicle and a right to modify software, a distinction that gets murky when software controls all of a tractor's operations. As Jason Koebler of Motherboard reported, that flyer is strikingly similar -- in some cases, identical word-for-word -- to the agreement the Farm Bureau just brokered...

Instead of presenting a unified right-to-repair front, this milquetoast agreement muddies the conversation. More worryingly, it could cement a cultural precedent for electronics manufacturers who want to block third-party repair technicians from accessing a device's software.

26 of 175 comments (clear)

  1. Solution by alvinrod · · Score: 3, Insightful

    Don't buy John Deere. If I were one of their competitors, I'd be jumping all over this to steal their customers.

    1. Re:Solution by elrous0 · · Score: 4, Insightful

      Believe me, if Case or any other competitors thought that farmers would actually be willing to pay higher prices for equipment without the restrictions on right to repair, they would have already jumped on it on long time ago. The reality is that making "open source" equipment means less guaranteed revenue after you sell that equipment, which means you have to sell it at a higher upfront cost. And the harsh reality is that farmers, for all their blustering, are unwilling to pay that upfront cost. If they were, you can bet that Case and many others would already be offering that easy-to-repair equipment and making a killing over Deere.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Solution by El+Cubano · · Score: 2

      And the harsh reality is that farmers, for all their blustering, are unwilling to pay that upfront cost. If they were, you can bet that Case and many others would already be offering that easy-to-repair equipment and making a killing over Deere.

      So, you are saying that farmers don't really want or need the ability to repair their own equipment? Because that is what the evidence points to. If they really wanted to be able to repair their own equipment they would certainly have bought equipment that they could repair for themselves.

      The reality is that making "open source" equipment means less guaranteed revenue after you sell that equipment, which means you have to sell it at a higher upfront cost.

      There are plenty of counter-examples to this. IBM and HP immediately spring to mind.

    3. Re: Solution by dnaumov · · Score: 2

      They may want and/or need, but are unwilling to pay for it.

    4. Re:Solution by elrous0 · · Score: 2, Insightful

      So, you are saying that farmers don't really want or need the ability to repair their own equipment?

      No, I'm saying they're too cheap to pay the upfront cost for it. If Case said "We'll offer you an easy-to-repair version of this tractor for a little more upfront cost" farmers would still opt for the cheaper locked-down version instead. And that's why Case and others don't bother. If there were money to be made in selling easy-to-repair tractors, someone would have jumped on it a long time ago and would be crushing Deere right now.
       

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    5. Re:Solution by Antique+Geekmeister · · Score: 3, Insightful

      > Believe me, if Case or any other competitors thought that farmers would actually be willing to pay higher prices for equipment without the restrictions on right to repair, they would have already jumped on it on long time ago

      If I may say, this is an incomplete analysis. If a company could steal property, sabotage competitors, and advertise fraudulently, by this competitive standard, they would. They don't partly because it becomes evident, partly because many employees would object, and partly because there are strong regulations against it. Raw profitability is rarely the full reasons not to do something in the business world.

      In this case, it's consumer protection laws and working relationships with repair centers that encourage companies to make repair tools and tuning tools available. But the repair and maintenance costs are tremendous. And keeping the repair data proprietary or keeping it a trade secret has often been ruled or legislated as illegal, since the purchaser cannot apply their full ownership and privileges to control their own equipment without that data.

    6. Re:Solution by GrumpySteen · · Score: 2

      It's funny you should mention IBM and HP in the context of this story. IBM spun off Lexmark, after all, and both Lexmark and HP are notorious for trying to use DRM to block third party refills and force customers to buy their extremely overpriced printer refill cartridges that cost more than the printer did.

      It's a startlingly good parallel to what John Deere is doing, selling at a loss (or minimal profit... I don't have their internal numbers) to undercut competitors, then using DRM to force the buyers to pay for higher priced repairs to make up the profits later.

    7. Re: Solution by the_bard17 · · Score: 2

      I grew up the son of a farmer. Ever bailed hay? It's a fairly time sensitive process. Bail it too wet, and you run the chance of mold and mildew, if not having it rot, spontaneously combust, and burn your barn down. Too dry, and it degrades the quality of the hay. Point is, when the hay is ready, it's gotta be bailed.

      Dad's tractor set up consisted of an International tractor, a JD square baker with a kicker, followed by the hay wagon. We came off a side hill with the wagon 3/4 full. Dad didn't head right down the hill, but kept performing S turns to keep the weight of the load pushing the tractor down the hill. The wagon had enough weight to push the baler sideways, down the hill, and snapped the wheel mount off the baler. Cast iron, popped, dropping the baler onto the ground.

      I thought for sure the day was done. Nope. Dad unhitched the wagon from the baler, parked it sideways up the hill about 20'. Ran a rope down to anchor the baler from sliding further when he jacked it up. Grabbed another mount off the spare junker parts baler, replaced it, and went back to baling hay. Took two hours, at most.

      Tell my Dad that something broke on the tractor and he'll need to wait hours/days for some third party service to fix it, and I guarantee you he'd have trailored it down to the dealership and done his best to shove it up someone's arse sideways, then gone back to 1950's technology that he could repair himself without trouble.

  2. John Deere? by LynnwoodRooster · · Score: 5, Informative
    Right in the first sentence of TFS it says:

    A big California farmers' lobbying group just blithely signed away farmers' right to access or modify the source code of any farm equipment software.

    No swindle at all. Straight out agreement by the farmers' lobbying group.

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    1. Re:John Deere? by Anonymous Coward · · Score: 2, Informative

      And this is not a law, it is merely a deal between Deere and this farmer's group.

      Farmers who choose not to be members in that group, can mess with sw all they want - exercising their right to repair. Sure, they won't get any source, so sw may have to be reverse engineered or written from scratch. Complicated, so go for some other tractor manufacturer. Perhaps a smaller actor can be talked into providing sw to repair shops - as a way of competing with Deere. Could get them some very loyal customers . . .

  3. No by elrous0 · · Score: 4, Informative

    Did John Deere Just Swindle California's Farmers Out of Their Right to Repair?

    No. Sounds like their own lobbying group did.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
  4. Depends on how they got the lobbying group by rsilvergun · · Score: 4, Insightful

    to capitulate. Did they buy off a bunch of them? Sounds like it. I can't imagine why else a lobbying group for farmers would do the exact opposite of what their constituents want.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Depends on how they got the lobbying group by omnichad · · Score: 4, Informative

      The firmware blocks third-party parts using DRM. Any talk about the hardware is inextricable from the talk about software.

    2. Re: Depends on how they got the lobbying group by peragrin · · Score: 5, Informative

      You can't change a spark plugs and without a software override code on these tractors.

      Yes it is that bad.

      --
      i thought once I was found, but it was only a dream.
  5. NO, the Farmers Swindled themselves by SirAstral · · Score: 3, Interesting

    It never ceases to amaze me at how people often times create and support the very institutions that wind up oppressing them, while they develop Stockholm syndrome and refuse to push off the oppression they must suffer out of fear that something worse could happen.

    If you are willing to make multiple deals with a lot of devils, maybe you should not complain so much and wonder at which point you caused this problem for yourself.

    What's that? Everyone else is doing it? You don't have a choice? Yes, neither did every other person that risked everything to change the world huh?

    The change in the world starts with you, when they are ready they will stop buying John Deere and stop giving this corrupt institution their money. Rip it to pieces and build a new that one still cares and when that one stops caring you rip it down and build a new one again.

    The price is "Eternal Vigilance" and for some reason people think they can solve a problem once and for all, well you just can't.

  6. Re: The capitalist solution? by peragrin · · Score: 3, Insightful

    They are plus a ukraining company that I can't remember.

    However tractors tend to be long term investment s(20-40 years) and change is slow. This law was focusing on people who bought tractors 10- 15 years ago and need updates and repair work.

    John Deere is long term destroying their brand. So sad.

    --
    i thought once I was found, but it was only a dream.
  7. Re: Right to repair by Anonymous Coward · · Score: 2

    Really expensive overdesigned cars are extremely hard and expensive to repair.

    I drive an old Ford Ranger that was only $15000 brand new. It doesn't have any of the options to fail. Crank windows, no factory A.C., and the small 4 cylinder engine. It's been cheap and easy to maintain and currently has about 198,000 miles on the odometer.

  8. Re:The capitalist solution? by hey! · · Score: 5, Insightful

    It's not like buying something like oil. It's capital investment and it affect the stuff you've already bought.

    This is Deere turning an occasional choice about which farmers do have choice into regular payments for which they won't have choice.

    This all reminds me of something Gandhi once said. A reporter asked him what he thought of Western Civilization, and he replied that he thought it would be a good idea. Capitalism only works because of competition, but companies do everything they can to avoid actually competing, for example making it hard to compare their products to other vendors (boy to vendors hate being in "commodity" businesses), or in this case by trying to make it difficult for customers to choose competitors for some transactions.

    And if it's legal to evade competiing, why not? The fact that this undermines the justification for capitalism isn't your problem. This is a situation where you need regulation to ensure a free market can operate the way its' suppose to.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  9. Re:Concern trolling by Gravis+Zero · · Score: 4, Insightful

    Like anyone on Slashdot gives a shit about California farmers.

    You're right, few here care about the farmers but we do care about the status of Right To Repair legislation. It should be obvious that this kind of legislation is applicable to DRM and service schemes everywhere to keep tech savvy people (like slashdotters) out. You may be surprised to hear it but tons of stuff (like your car, various smart devices, etc) are all "you don't really own it" things.

    That said, I do have a friend (via IRC) that is a tech savvy farmer (in Iowa) and I would like him to hack and repair his tractors to his heart's content.

    --
    Anons need not reply. Questions end with a question mark.
  10. Re:The capitalist solution? by AlanObject · · Score: 4, Insightful

    Capitalism only works because of competition, but companies do everything they can to avoid actually competing ...

    Good observation. I like to say that there is absolutely one thing that you can always count on a corporate entity to do: protect an established revenue stream.

    A corporation does not have morals or loyalty even though many of them do their best to create the illusion. They will lie about science, bribe governments, destroy competitors if they can get away with it and often, if they have the short-term mindset and think they can get away with it, wring out their customer base like a dirty washrag. That last seems to be what is happening here.

  11. Re:The capitalist solution? by Anonymous Coward · · Score: 5, Insightful

    Obviously, that's stupid. The barriers-to-entry are too high in a market this mature. But then, you knew that.

    There is *nothing* un-capitalist about government regulation, so long as it is the right kind of regulation. Legislation that mandates that these software solutions be open and available for third-party modification is exactly the right kind of regulation that help keeps a market competitive.

  12. Re: The capitalist solution? by Anonymous Coward · · Score: 2, Insightful

    That remains to be seen. Musk has been more successful than, say, Fisker, but itâ(TM)s still more likely to join the ranks of Delorean, Packard, Duesenberg, and Steudebaker than it is to become another Mercedes, Ford, or Toyota.

  13. Re: The capitalist solution? by Applehu+Akbar · · Score: 2

    You're thinking of Belarus, which is a big seller in the Central Valley.

  14. But, He Chooses Not To by Anonymous Coward · · Score: 2, Insightful

    Musk could well do so. But, so far he has fought on the opposite side. So, it seems that Musk is strenuously opposed to the right to repair concept and open software is just laughable.

  15. Re:Nowadays features are software enabled! by DCFusor · · Score: 2

    Well, in my case...not so hard. There's a 175 amp switcher to run 12 volt stuff, battery under the hatch in the back. Plenty of room for an inverter or switcher - either of which can charge my house batteries (2500 a/h at 24v) which then run the inverters that run the rest - that would be up to 8kw rms and about 20 peak. In "be careful" mode my campus only draws ~ 300w average. or 12 amps at 24v nominal. In theory you could hack the 110kw inverter that runs the normal electric motor, but...that's a lot of work and I don't need that many kw (for that short a time, either). Chevy has an update to stop me from doing this, which I didn't allow to be put in (unlike Tesla, you have a choice). It would have stopped the backup gasoline engine from starting with the car in park in the driveway (which is the mode that will enable that big 12 switcher that runs on the main batteries).

    --
    Why guess when you can know? Measure!
  16. Re:The capitalist solution? by AlanObject · · Score: 2

    There is simply no point in letting people own their own family farms..

    Citizen komrade. The Politburo approves your thinking but we have suspicions regarding your levels of activism. You will therefore be taken to the State educational and rehabilitation facility in Kbuxluiztik until such time The People determine you are not a threat.

    The following is probably wasted on you but here it is anyway:

    Yes there is absolutely a good reason for family farms. They produce vastly better product. Go to any Farmers market in any of thousands of cities that take place weekly surrounded by large-scale grocery stores that are selling the factory-farmed products (produce, meats, jams). Every week they are packed. Many times if you get there later than 9AM you will find all the eggs have been sold.

    Why is that? The head of lettuce farmed locally (organically farmed or not) tasted better and is better nutrition as opposed to the one trucked in from a factory farm 2000 miles away. The factory farms and big agribusiness are extremely efficient at selling cheap calories. For good nutrition and better living not so much.