How John Deere Hijacked Copyright Law To Keep You From Tinkering With Your Tractor; Reason, January 8, 2024

LUKE HOGG , Reason; How John Deere Hijacked Copyright Law To Keep You From Tinkering With Your Tractor

"For nearly 25 years, Section 1201 has been hanging over the developers and distributors of tools that give users more control over the products they own. The ways in which John Deere and other corporations have used the copyright system is a glaring example of regulatory capture in action, highlighting the absurdity of a system where owning a product doesn't necessarily convey the right to fully control it. There are certainly circumstances where the manufacturers are justified in protecting their products from tampering, but such cases should be handled through warranty nullification and contract law, not through exorbitant fines and lengthy prison sentences."

The Evolution of the Right to Repair; American Bar Association, September 15, 2023

Robert B Cunningham and Darby Hobbs, American Bar Association; The Evolution of the Right to Repair

"Where the scope of the right to repair is headed depends, as so much does, on politics. Consumers and their advocates have every interest in securing a right that is as broad as possible, at least until prices move upward. Manufacturers have no reason to give up on their arguments to constrain the right, recognizing that some arguments are likely more effective than others, e.g., cybersecurity and data leakage risks may carry more water than claims that non-authorized repair shops will disappoint consumer with poor services. It is possible that some manufacturers in competitive markets will see and seize an opportunity to compete on what might be called “repair liberality,” and in so doing preempt legislation. Or, reaching the same result by different ends, the intuitive appeal of advocates’ argument that “ownership includes repair” may overwhelm opposition. Looking only at the recent increase in proposed legislation, it would seem that manufacturers are on the back foot, but maybe all they need is to hone their arguments. One publicized case of a right to repair “going wrong,” perhaps a data breach, could move the parties into—or keep them at—equilibrium. What’s certain is that things will keep breaking, and need fixing."

Under pressure from tech companies, ‘Fair Repair’ bill stalls in Nebraska; Guardian, March 11, 2017

Olivia Solon, Guardian; 

Under pressure from tech companies, ‘Fair Repair’ bill stalls in Nebraska

"“This has the potential to weaken security features in a host of electronic devices. It’s not about dead screen or battery,” said CompTIA’s Alexi Madon, adding that the bill applied to medical equipment and government servers. “Manufacturers are also required to give up sensitive intellectual property.”

Tony Baker, a Nebraska politician who previously provided information solutions to the US military, countered the suggestion that repair rights would infringe on the intellectual property rights and the security of software. He explained how his organization created software running on classified networks that granted different levels of access to different groups of people, depending on their level of authorisation or security clearance. He argued that manufacturers could do the same with their products."

Using copyright to keep repair manuals secret undermines circular economy; Guardian, 12/20/13

Kyle Wiens, Guardian; Using copyright to keep repair manuals secret undermines circular economy: "Perhaps it was characteristic of a generation touched by the Great Depression, but in my grandfather's era, repair information was practically public domain.... Ironically, we now live in an age where information has never been more abundant, and yet every day more repair manuals disappear. It's not an accident. Manufacturers of computers, mobile phones, appliances, and cars still create repair manuals for every product they ship. You're just not allowed to have them anymore. And that gap in repair information is hindering our efforts to create a circular economy.... It's unclear whether companies like Toshiba and Apple are within their rights. No one can legally copyright facts or procedures but you can copyright any form of creative work, like writing. Manuals, despite their lack of creative or artistic merit, are a form of writing. Companies aren't going out on a limb by hiding them behind the shield of copyright."