HB 286 – Empowering An Individual’s Right To Repair
House Bill 286 was introduced by Representative Scot Turner (R-Holly Springs) last week to address an on-going issue of manufacturers limiting the ability to maintain, diagnose, or repair equipment that a person has bought and owns. As more and more things that we buy (e.g., cars, phones, TVs, refrigerators, etc.) come with embedded software, device manufacturers are putting Digital Rights Management (DRM) protections to limit access. This means, folks trying to repair the stuff that they have purchased with their own dollars and own outright could potentially face lawsuits for breaking the DRM.
HB 286 will empower individuals who own (not lease) devices to have access to the same tools, unlocking devices, and passwords that manufacturers make available to authorized repair providers for under “fair and reasonable terms”.
It’s getting a lot of push-back from the industry with concerns about “giving away” intellectual property. There are two myths that are being perpetrated by people opposing the bill: 1.) it’s not the proper role of government to force businesses to 2.) give away their own property.
While it’s true that government shouldn’t force someone to “give away” their property for no compensation, this is not what this bill says or does. Remember the phrase “fair and reasonable terms”? Here’s the definition from the bill:
(5) ‘Fair and reasonable terms’ means at costs and under terms, including terms for convenience of delivery, equivalent to what is offered by the original equipment manufacturer to an authorized repair provider, using the net costs that would be incurred by an authorized repair provider in obtaining an equivalent part or tool or documentation from the original equipment manufacturer and accounting for any discounts, rebates, or other incentive programs in arriving at the actual net costs; provided, however, that when such term is used in relation to documentation and relevant updates, such term means at no charge, except that when the documentation is requested in physical printed form, a charge may be included for the reasonable actual costs of preparing and sending the copy
Further, the bill doesn’t force companies to divulge trade secrets as a part of complying with this Right to Repair bill, nor does it require a manufacturer to make available replacement parts that are no longer available to the original equipment manufacturer.
John Deere, the example folks usually point to when discussing Right to Repair, has (or will have) an online portal where customers pay an annual subscription fee to have access to diagnostic tools, manuals, schematics, and other resources to aid in the maintaining, diagnosing, or repairing their John Deere equipment. It’s a similar measure that auto manufacturers entered into bringing an end to their resistance with “right to repair”.
This bill aims to defend individual property rights, and it does so with respect to the protection of intellectual property and trade secrets of companies.
About Author
nsmith
Father. IT Geek. Former 14th District GOP Chairman (2015-2017). Former Walker GOP Chairman (2009-2013). Resident of Chamblee. American. Georgian. Conservative.
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Of course, this comes at a time when the typical citizen simply throws out a “broken” item away rather than fixing it because either parts aren’t available or the process of opening up a device is so complicated as to be impossible without special tools. At the same time, the notion of fixing things has declined in direct proportion to the presence of an adequate tool box filled with simple, useful tools.
At some point after World War II, a German Army general was asked what major reasons led to the Axis’ defeat. His response? One contributing factor was the Allies’ access to the adjustable hose clamp. You might know of it; a metal ring with a screw thread fitting that allow you to clamp hoses of varying diameters. Continuing, while the German Tiger tank was superior to the American Sherman, availability of the adjustable hose clamps gave the Allies an edge. While the Tiger tank was out of action waiting for parts (parts which might no longer be available because the factory had been bombed), the Sherman was often back on the road and fighting very quickly. All those farm boys and car crazed teens who grew up fixing tractors and Model A’s with baling wire and adjustable hose clamps made a difference.
I know that there are people out there who willingly hook up to their automobile’s central computer with the intent of improving performance. Personally, I’m not willing to risk making a $70,000 automobile unusable because I entered the wrong setting. And I’m sure that Clean Air Georgia probably doesn’t approve, either. But, on the other hand, it would seem to be helpful if the onboard computer had a reset command, such as CV08 set to a value of 08, which would then return everything back to Factory specs. Imagine if setting your car’s computer to a value which produces “Same day acceleration”.
Regardless, we seem to have lost our willingness to repair that which is broken. And, we are literally poorer for that.
The cost of repair approximating buying new, I often have items repaired even when that is not the least expensive overall, i.e. finding a shop, dropping off or shipping, picking up, item will be fully serviceable but not new, etc.
I do so because repair expenses disproportionately go to labor, and people need work. It’s a variation on my buying local and buying American when its competitive but may not be the very best choice.
Times have changed and Emmett’s Fix-It Shop doesn’t exist anymore. Electronics that I could repair myself with the ability to trace out a circuit diagram now use a single dime-sized chip. Cars with carburetors, points, condensors, or even distributors are long gone. Even with the expertise and/or the proper password to work on one you need a computer, specialty program, and connectors to go with them. Short of a shoe cobbler I don’t know much that can be repaired here without a manufacturer’s connection and when was the last time you saw one of those?
As far as the other things like refrigerators and toaster ovens I tend to buy the ones that aren’t smart, especially the ones that are smart enough to get on the net.
Our household experienced auto diagnostics failure to great hilarity. The technician could read the error codes but were clueless as to how or what to fix. This happened twice with different vehicles. We switched mechanics.The days of a mechanic taking your vehicle for a spin around the block and instantly knowing the problem from a few clicks and clacks may be numbered.
Our 20+ year old stack washer dryer wasn’t heating. A handful of parts and new coils got it working again. I dread the day when I am stuck with a non repairable appliance due to technology overload. Just let me replace the key parts and I promise I won’t hack your idiotic controls.
That happened to me recently too. “Check engine” light came on. Took it to the dealer. He said the diagnostics said it was something to do with the transfer case. I said “what’s a transfer case”. He said it’s part of the 4 wheel drive system.
My car is not 4 wheel drive.
Repairing things is a “state of mind” kind of thing. Either you do or you don’t. Some of this is just old-fashioned thinking, an attitude that seems hopelessly 20th Century, out of touch with the modern world. But there is a certain sense of pride in being able to get something working again for a few dollars rather than going out and spending thousands of dollars buying something that is not only new but also is so poorly designed that it won’t last five years. Don’t get my lovely bride started on our new washing machine. I still regret not keeping the old one and rebuilding the seals on the transmission.
While Emmett’s Fix-It Shop may be out of business, there still is a back channel of guys named Bud, Jeff, and Ed who are willing to take a swing at older machinery. My spouse is enamored with her 23-year old van, and there is a back channel of people who not only know the machine, but also know that you shouldn’t buy the NAPA motor mounts, choosing the Nissan OEM mounts instead. State of mind.
I sure hope this helps. I’ve considered it a bit of a racket that manufacturers compel you to use repair services only they have authorized. An extra step to help out on this issue, if it’s not out there already, would be to mandate a clear and obvious disclosure of such terms with the sale, along with sample special fees for diagnosis or whatnot, so that potential buyers know they could be locking into a lifelong relationship with the manufacturer’s terms of repair.
Also, I see a huge opening in the markets for any products that don’t require special access tech. Sure, you lose money on the repair end, but who’s not gonna have a preference for the freedom to repair for a car or washing machine?
It doesn’t help when you discover that the manufacturer’s designated representative for repairs can be startlingly incompetent. Great self-esteem. Poor ability to fix things. After five or six visits from these experts, just going out and buying another one starts to make sense.