Groups Petition Uncle Sam To Repair McDonalds' Wonky McFlurry Machines
The failure prone soft ice cream machines birthed 1,000 memes. iFixit seeks an exemption to the Digital Millennium Copyright Act to fix them. Also: EV makers Tesla and Rivian sign MOU on repair.
McFlurry: Hack Around and Find Out
They are the machines that sparked a thousand memes: McDonald’s notoriously flaky McFlurry soft ice cream machines, manufactured by Taylor.
How flaky? At any moment, an average of 10% of the machines are down for maintenance or non-operational in the U.S. , according to the web site mcbroken.com, which tracks leverages the API for McDonalds mobile app to identify franchises that are not offering soft ice cream for sale because their McFlurry machines are offline. (When Fight to Repair checked, the national average was more than 12% with 37% of McFlurry machines offline in Seattle and 22% offline in Philadelphia.)
The reasons given for the dismal performance of the Taylor McFlurry machines vary, but an onerous 4 hour cleaning cycle that must be run daily is part of the problem. An even bigger problem: the McFlurry’s black box administrative features, which make it nearly impossible for McDonalds employees to determine why a McFlurry machine is malfunctioning, let alone restore it to working condition. Instead, McDonald’s franchise owners must summon a Taylor authorized repair provider to service the device and get it back online - at considerable cost.
This de-facto abusive monopoly on service and repair has been the subject of much attention, especially since Wired’s 2021 profile of Kytch, a Silicon Valley start up that developed an inexpensive add on device that could detect when McFlurry machines went offline, decode error messages and help McDonald’s franchisees keep the hardware operational.
The company ran into a buzzsaw of opposition from Taylor and its longtime business partner, McDonalds, which sent franchisees an email instructing them to discontinue use of the Kytch devices, saying that they voided Taylor’s warranties on the McFlurry machines and created a “serious safety risk for the crew or technician attempting to clean or repair the machine" and could cause “serious human injury.”
(Read our story on the “Repair Angle in Wired’s Big McDonald’s Ice Cream Expose” for more on the Kytch story.)
As mcbroken.com proves, there’s been little progress on the issue of reliability since that story ran. But now supporters of a right to repair are trying a new tack. iFixit.com, the online repair site, is joining forces with Public Knowledge to ask the Copyright Office to exempt ice cream machines from the protections of the Digital Millennium Copyright Act (DMCA) Section 1201 so they can circumvent the software locks in the software that runs Taylor’s McFlurry devices for the purpose of repairing them. Section 1201 makes it a federal crime to circumvent software locks for any reason, including so-called “fair use” purposes like service and repair.
Under the terms of the DMCA, the Librarian of Congress can grant exemptions to Section 1201 - a process that must be repeated every three years.
In recent months, iFixit purchased and dismantled a McDonald's ice cream machine to highlight the conventional nature of the devices: an assembly of easily found and replaceable components. However, the company has not attempted to circumvent Taylor’s digital locks, mindful of the DMCA restrictions. If granted an exemption, iFixit could “dig into the software, …reverse engineer the error codes and figure out how to reset them,” writes Elizabeth Chamberlain of iFixit.
However, absent reforms to the DMCA that work will do little for McDonald’s franchise owners. That’s because even with an exemption, companies like iFixit are forbidden from distributing circumvention tools to others. Given that McDonald’s franchise owners aren’t hackers and won’t be able to figure out how to read and address the machine’s error codes on their own, that limitation will make it hard for McFlurry owners to benefit from iFixit’s exemption.
Tesla, Rivian Throw In With Repair Astro-Turf Group
EV manufacturers Tesla and Rivian have thrown in with an automotive right to repair astroturf campaign backed by repair opponents.
The two companies, who are among the least supportive of automotive right to repair, said they support an agreement struck between an automotive industry group and compliant repair groups.
We wrote with serious skepticism earlier this summer about how the MOU was suspect, because it omitted groups representing a large majority of aftermarket parts and service groups, including the Auto Care Association, the main group backing right-to-repair laws, the Auto Care Association, actually opposed the agreement while citing concerns such as lack of enforcement mechanisms and exclusion of key player. Not to mention it had the makings of a well-timed strategy to create confusion ahead of Congressional hearings covering right to repair.
As right to repair legislation continues to march forward in statehouses across the country (all eyes are currently on California) we are likely going to see more MOU’s as justification that legislation is unwarranted and that the “free market” will solve these problems on their own. However, MOU’s are not the answer to our problems.
MOU’s and legislation are not the same
Take John Deere, which signed an agreement with the American Farm Bureau on repair in January. As part of their agreement, companies promised to offer access to diagnostic and repair information, set up education and training for third-party repairers, and support repair amidst future tech advancements. But, as PIRG noted, a month after that MOU took affect, basic information needed to identify problems with Deere equipment that is readily provided to John Deere dealers was still either withheld or difficult to find for independent fixers.
If you’re unsure of what this will actually look like, you have spotted the major problem with these MOUs: a lack of clear rules or accountability. Does farmers’ ‘equal access’ to diagnostic information and tools come with an annual $2,700 subscription like Deere’s Customer Service Advisor? What kind of information are manufacturers required to give out? What happens to OEMs who refuse to abide by the MOU? The only things that is crystal clear in these agreements is just how vague and devoid of enforcement mechanisms they are, meaning companies get to set the terms.
In short: Tesla and Rivian saying they are pro-repair doesn’t mean they are telling the truth. If anything, companies like Tesla and Rivian lining up behind the recent MOUs simply underscores the need for comprehensive legislation to enact a right to repair.
Other News
Scientologists oppose DMCA exemption for E-Meters, Ars Technica reports. A Church of Scientology-affiliated group is seeking to limit right-to-repair legislation, proposing changes to the Digital Millennium Copyright Act (DMCA) exemptions for software-powered devices that require special qualifications or training. The effort is believed to be designed to protect the Church from having to provide access to the software that powers its E-Meters - electronic devices used as part of the Church’s religious services. The amendment, proposed by Author Services LLC, proposes excluding “software-powered devices only purchasable by qualified individuals or governed by specific licenses” from DMCA exemptions. Critics argue that the amendment could hinder broad repair access, making DMCA Section 1201 exemptions ineffective.
California’s right to repair legislation could save consumers $5 billion
California's Right to Repair Act could save residents more than $5 billion by making it easier to repair- rather than replace home electronics, writes Jen Engstrom the Director of CalPIRG in a recent blog post. The bill, which is close to passing and recently received a key endorsement from Apple Computer, aims to provide access to repair materials and documentation for consumer electronics and appliances, promoting competition, cost savings, and reducing electronic waste. The bill would ensure access to parts, tools, and documentation for repairing consumer electronics and appliances. By allowing Californians to use any repair shop to access necessary materials, the bill will break the monopoly over repairs and promoting competition among repair businesses, Engstrom wrote.Connecticut task force considers wheelchair repair delays. After passing on right to repair legislation for wheelchairs, Connecticut lawmakers set up a task force to study the issue. In addition to health insurance industry red tape, advocates for the disabled pointed to industry consolidation as a major reason for delays. “Two large national wheelchair supply companies now completely control the market for customized wheelchairs in Connecticut, having bought out the small, local companies which used to provide quality service to wheelchair users,” Sheldon Toubman, an attorney with Disability Rights CT, told lawmakers in February. “I remember when the local companies used to provide timely, personalized services to people who depended on their wheelchairs for basic mobility – the owners knew many of their customers by name.” Colorado in 2022 passed a wheelchair right to repair bill, which took affect this year.
The cost of EV repair remains higher than gas-powered vehicles according to a recent report from Mitchell International. EV repair costs remain higher than gas vehicles, with Tesla's costs showing a larger differential, and a rising number of US consumers are considering EVs for their next vehicle purchase. Additionally, EVs tend to be non-drivable after accidents at a lower rate than traditional vehicles, but are more likely to be considered non-drivable after rear-end impacts.
The Premier League has put people in jail for pirating soccer/football matches and is intensifying its anti-piracy efforts by pursuing additional prosecutions against those pirating. Recent sentencing of individuals behind a pirate IPTV service shows the lengths the league is going to in trying to ensure they keep as much profit for their multibillion-dollar streaming.
The free and shared goods economy, driven by platforms like Craigslist, Freecycle Network, and Buy Nothing Project, is thriving in the United States, offering a sustainable alternative to consumerism and reducing waste by promoting the reuse and sharing of goods within local communities. Buy Nothing, in particular, encourages a gift economy where neighbors can share and lend items, fostering community connections and resilience while tackling the issue of excessive consumption and waste.
An AirPods Pro mod with a 3D-printed replacement case is demonstrating an alternative to the original design's low repairability score, and that allowing for customization of color and port type is possible. This new design also utilize screws for easier future repairs.
New federal legislation wants to add AM radio capabilities to tractors without subscriptions or data plans. The Senate's AM in Every Vehicle Act (S1669) has gains further support with totaling 27 cosponsors, including Republicans, Democrats, and an Independent, highlighting the importance of AM radio for safety and emergency information, especially in areas with severe weather and limited connectivity like North Dakota.
Gay Gordon-Byrne, founder of the Digital Right to Repair Coalition, speaks with the Chicago Bar Association podcast to discuss challenges, legislative efforts, and benefits of empowering consumers in repair practices.
Toxic chemicals are present in paper drinking straws. PFAS (per- and polyfluoroalkyl substances) are potentially harmful chemicals that can migrate from food contact materials to food and beverages, and researchers found that PFAS were present in most types of straws, especially in plant-based ones like paper and bamboo. However, stainless steel straws had no detectable PFAS. The study suggests that plant-based straws might not be a more sustainable alternative due to the PFAS content.