The Limits of Right to Repair
A legal scholar warns in essay that right to repair laws may not be enough to end overconsumption. Also: Microsoft says "no" to abandonware and Apple says "yes" to used parts.
It’s safe to say “right to repair” is having a moment. U.S. PIRG reports that 30 states in the U.S. are considering some form of legislation to increase consumers’ access to repairing different products. Not to mention there have already been big shifts in policy in the past year, most notably with the European Union and multiple U.S. states passing legislation to require companies to make repair easier.
However, at the same, we are receiving alarming reports that the waste associated with our consumption is reaching levels that can only be described as immoral. Surely right to repair has a part to play in bending that waste curve. But in the face of massive (and structural) forces that fuel our world of overproduction and overconsumption, some experts have started pointing out the logical limits of what the right to repair movement can accomplish.
The Bad News
In a forthcoming essay titled “Consumerist Waste: Looking Beyond Repair” in the Michigan Law Review, legal scholar Roy Shapira discusses the gap between what right to repair seeks to achieve and how the policies it promotes fall short.1
There is a nuanced reality when it comes to the right to repair, Shapira argues. While enshrining the right to repair in law holds promise, it faces a serious challenges when it comes to actually changing our broader system of overproduction and overconsumption.
For one thing, the relatively recent efforts to mandate repairability are bumping up against deeply entrenched consumer behaviors that are decades in the making. Consumer behaviors are shaped by “psychological obsolescence,” also known as the need to have the newest, shiniest thing, Shapira writes. This isn’t to say we should simply blame consumers who are bombarded with advertising for new products. Instead, we should come to grips with the reality that even if we flipped a switch to get a repairable phone into everyone’s hands today, there would still be many who would opt to trash or upgrade when their device loses its sheen. The recognition of the reality that there are economic and social factors that a right to repair law can’t fix is necessary to find comprehensive solutions to overconsumption.
Are you a consumer or small business with a story to tell about a warranty experience? The Federal Trade Commission wants to hear from you! Check out the FTC’s website to learn more!
And while Shapira agrees that there should be more information at the point of sale and tweaks to policy design to maximize the impact of right to repair laws, this isn’t enough to reshape our economy’s production and consumption at large.
What might help is for the public to have more information on lawsuits around the shady actions that companies are engaged in—information that is being blocked by “a wave of mandatory arbitration and gag clause provisions that took over consumer contracts with the help of the Supreme Court," he wrote.
The Good News
One possible retort to the argument that right to repair laws won’t fundamentally change our consumption driven economy is that the change might not stop at repair. The same people who are supportive of the right to repair can bring that same energy, vision, solidarity and success to a host of other related issues, from requiring sustainable circular product design, to environmental justice to policies that fight back against market concentration and monopolies or even promote de-growth.
There are limits to right to repair policies because they are just strands in a larger web of connected issues that are complicated and difficult to wrap our minds around. But that doesn’t mean we shouldn’t be advocating for things that the right to repair seeks to achieve: less waste, more repairable products, and more agency over the technology (big and small) that we use.
The answer? Think bigger- and support more than just the right to repair!
The Big Question: What Comes After Right-to-Repair?
The evidence is piling up that the right-to-repair is both popular and politically viable. State-level laws, which have been the point of the spear in efforts to create a legal right to repair have been steadily making progress. In just the last year New York
Right to Repair Europe is hiring!
News from our friends at Right to Repair Europe: the coalition is looking for a new paid trainee! The position is based in Brussels at steering group member ECOS, which will employ a trainee working 3 days/week to help us expand and develop the coalition, and 2 days/week supporting ECOS.
Interested or know someone who would be a good fit? Apply by 26 April! The position will start after 1st June. Applicants need to have the right to work in the EU. You can find further information on the position and on how to apply by clicking this link.
Other News
Apple will allow used parts replacement. In a long awaited announcement, Apple said that it will now allow iPhone 15 and newer models to be repaired with used parts like screens, batteries, and cameras starting this fall. Apple's policy shift enables more affordable repair options but does not extend to older iPhone models. Used parts can be obtained from independent shops, not supplied by Apple. The company has long erected obstacles to reuse of authentic Apple parts. The company said it will simplify the configuration process for repaired parts directly on the device, removing the need for part serial numbers by repair technicians. Despite the progress, Apple has continued to express concerns about security risks with third-party components, particularly those involving biometric features like Face ID and Touch ID.
Microsoft has announced a new program allowing schools to extend Windows 10 security updates for as little as $1 per computer, following pressure from advocacy group PIRG. This initiative aims to prevent millions of computers from becoming e-waste when Windows 10 support ends in 2025. PIRG emphasizes the environmental impact and urges Microsoft to offer similar extensions to all users to combat electronic waste.
Fairphone unveils fix-able earbuds. Fairphone, the European firm known for making ultra-repairable mobile phones, unveiled new Bluetooth earbuds, which it is calling Fairbuds. The new earbuds include an easy to replace battery and are being marketed as the world's most repairable premium earbuds, priced at €149 ($162), and include noise canceling and 11mm titanium drivers.
The right to repair tractors isn’t going anywhere in John Deere’s home state. Investigate Midwest’s expose on the status of right-to-repair legislation for farm equipment writes about how an agricultural repair bill was introduced in John Deere’s home state of Illinois for the first time this year. Months later, however, it’s going nowhere.
30 states propose right to repair bills. Thirty states have introduced versions of right to repair legislation this year covering a range of technologies, from consumer electronics to agricultural equipment, to educational technology to motorcycles, an update from US PIRG reveals.
A Maine proposed bill (LD 1911) threatens to dismantle protections decided by voters by referendum in 2023. LD 1911 would strip key provisions, including direct access to wireless repair information, oversight by the attorney general, and due process for disputes. Without these safeguards, consumers could be forced back into dealership dependency, driving up costs and harming Maine's independent repair industry. It's crucial for the Legislature to protect the right to repair and reject LD 1911, respecting the will of Maine voters and supporting consumer choice and economic growth.
Apple is denying parallels between its current situation and Microsoft's antitrust case in the 1990s, as it faces a lawsuit from the U.S. Department of Justice. The lawsuit alleges Apple's unfair advantage and monopolistic practices, focusing on aspects like its tight App Store control and the Apple Watch's incompatibility with Android. Apple argues against these claims, asserting its right to determine its partnerships and maintain product differentiation. The case reflects broader debates around tech regulation and market competition.
A short film titled "The Last Repair Shop" won an Academy Award for Best Documentary Short Film, highlighting the work of craftspeople who maintain musical instruments for public school students in Los Angeles. The documentary showcases their dedication and the transformative power of music.
The Samsung Galaxy A55, a mid-range smartphone, recently underwent a teardown revealing its repair-friendly design. The video showcases its components and highlights its high repairability score of 8.5 out of 10, making it easy for users to fix issues themselves.
For our readers with long attention spans, here is Shapira’s full essay on the limits of right to repair.