Powerful Forces Are Eroding Ownership
Nathan Proctor at PIRG says right to repair laws are necessary to reclaim control of our stuff. Plus, Minnesota Governor signs the nation's strongest right to repair bill into law.
Nathan Proctor writes in INSIDER that a confluence of forces is challenging our longstanding understand of what it means to own something. Proctor says a host of factors have now forced consumers to “simultaneously ‘buy’ and ‘rent’ things whether that’s throttled iPhones, hobbled John Deere tractors, or gated features on cars.
Software-based controls and always-on Internet connections have enabled subscriptions without end. The solution to this seems pretty simple: people, not companies, should be in control of “stuff” after a product is purchased. A right to repair can offer an example of how movements can take back power bit by bit.
Digitization is a double-edged sword
One of the major changes enabling this erosion of people’s power in markets has been the rapid pace of technologic evolution, with software, sensors and always-on Internet connectivity characterizing everything from children’s toys to cars to home appliances and medical devices. All that technology has improved the features and capabilities of products, but it also imposes new demands on both companies and consumers: the need to support software and infrastructure over time and - as we’ve seen - the ability to lock out consumers from critical functions such as service and repair.
Some examples of this:
Epson’s Self Destructing Printers: This technology company used software to put a limit on the number of pages their machines could print, citing dangers of oversaturated sponges.
Tesla’s Selective Super-Charging: Proctor cites reports that Tesla keeps salvaged vehicles from using “super charge” functionality which make charging their EV’s much faster. They do the same with tow-hitches.
Broken McFlurry Machines: The meme of McDonald’s ice cream machines always being broken was validated by a lawsuit brought forward by company Kytch against Taylor, manufacturer of the industry leading soft ice cream machine. The suit alleges Taylor has engineered its machines to fail frequently, while denying customers the ability to diagnose and fix small problems in order to get more money from repair and maintenance services.
An issue that is bigger than just repair
The issue is bigger than just “right to repair.” It touches on the meaning of ownership and also highlights issues in the larger society that hinder efforts to address dysfunctional markets. Among them:
Money in politics: Corporations from automakers to phone manufacturers pour millions into lobbying at all levels of the US government. In the last decade, they have lobbied successfully to kill more than 100 right to repair bills in 40 states - a more than 95% success rate. Just this week, TechDirt wrote about a full court press by lobbyists to kill off right to repair legislation in California. Recent victories in states like New York, Colorado and (this week) Minnesota are an encouraging sign, but shouldn’t obscure the long-running success of lobbyists in stifling needed reforms.
Copyright and patent law: Undergirding many of the anti-consumer, anti-free market practices of corporations are outdated laws like the circa 1990s Digital Millennium Copyright Act. Designed to prevent piracy of movies, music and video games, the law makes it a federal crime to circumvent software locks, but lacks common sense and needed exemptions for “fair use” including maintenance and repair. 25 years later, the DMCA today is the “big stick” carried by pretty much every manufacturer that has put software in their products to prevent owners and independent repair professionals from removing software locks that prevent them from maintaining their own equipment.
Enforcement: A law that remains unenforced is useless, and that has been the case for a wide range of anti- monopoly and unfair competition laws that have sat, ignored, by federal agencies and the court system for decades. Repair proponents have been especially excited about the Federal Trade Commission under Lina Khan for using its regulatory powers to police restrictions on repair. In many cases, this has simply been a matter of the Commission dusting off powers it has long had and deciding to use them.
With more laws passing in statehouses across the country from agriculture to electronics, and a range of federal right to repair laws pending, attorneys general and federal regulators may soon have new tools to at their disposal to check abusive practices and corporate power.
Other News
Minnesota’s governor signed the nation’s second (and most robust) right to repair law on Wednesday. Governor Tim Walz’s signature on an omnibus bill resulted in the Digital Fair Repair Act passing into law following months of deliberation. Industry lobbyists won exemptions from the law for familiar categories of products including motor vehicles, where a decade-old Massachusetts law already grants the right to repair automobiles. Other carve-outs include agricultural and construction equipment, video game consoles, specialized cybersecurity tools, and medical devices, according to the language of the bill.
Still, repair advocates said that the Minnesota law is a vast improvement over the nation’s first comprehensive right to repair law, signed by New York Governor Kathy Hochul in December, 2022.
The American Farm Bureau Federation (AFBF) has announced right-to-repair agreements with equipment manufacturers AGCO and Kubota, similar to previous deals with John Deere and CNH Industrial Brands. These agreements cover nearly 70% of agricultural machinery sold in the US and aim to provide farmers with fair and reasonable access to codes, data, technical manuals, and machine diagnostic connectivity to repair their own equipment.
In return, AFBF will refrain from supporting right-to-repair legislation, with the ability to withdraw from the agreements if such legislation is enacted.
Advocates in Canada are pushing for a right-to-repair law that would allow consumers to fix their electronic devices. The University of Waterloo's research shows that Canadians generated nearly one million tonnes of e-waste in 2020, and the amount is expected to continue rising. The federal government has announced its intention to implement a right-to-repair policy, aiming to make repairs easier and cheaper for Canadians.
If global warming reaches 2.7°C above pre-industrial levels by 2100, two billion people would be exposed to average temperatures of 29°C or higher, posing an "existential risk" with potential breakdowns in global trade systems and peace efforts; the report emphasizes the importance of implementing decisive climate policies to limit warming to the Paris Agreement's 1.5°C trajectory, as even small temperature increases have significant impacts, with social inequalities and disproportionate effects on developing countries already evident.
Increased demand for repair and maintenance services for electronics is keeping a steady pace. Demand can be attributed to complex electronic devices, the expansion of certified repair services, on-demand repair platforms, remote diagnostics and repair, as well as sustainability and repairability initiatives.
California passed a right to repair bill through its Senate Appropriations Committee and moving on to the state senate, aiming to give consumers greater access to tools, parts, and information for repairing their own electronics or seeking third-party repairs.
Electric vehicles are not staying in the U.S. vehicle fleet as long as gasoline cars and trucks according to a new study, creating barriers to affordability and hindering emissions reductions, as the average age of EVs in the fleet is just 3.6 years compared to the record high average age of 12.5 years for light-duty vehicles; reasons for EVs leaving the fleet at a faster rate are not specified, but insurance practices and manufacturers' buybacks may be contributing factors, highlighting the need for right-to-repair efforts to keep more EVs on the road.
Gucci's retraction of its carbon neutral status has raised doubts about the future of sustainable fashion, prompting discussions about the effectiveness of carbon offsetting and the need for greater transparency in the industry. The move highlights the importance of holding brands accountable and verifying their sustainability efforts to ensure commitments to reducing environmental impact.
The rise of shopping haul videos on platforms like YouTube and TikTok, are contributing to overconsumption and shopping addictions says Michelle Santiago Cortés at New York Magazine. Influencers have built careers around shopping hauls and brands have been quick to capitalized on this trend to promote their products. Overconsumption is not a personal finance issue, it’s a collective economic and ecological problem.