Wednesday, July 7, 2021

President Biden Sides With Farmers Over "Right to Repair", Deere Responds (DE; AAPL; MSFT)

It's bizarre that this is still an issue. I thought that with Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519, and the First Sale Doctrine, that it had been decided you own what you bought.

And though Apple isn't immediately affected by the coming Executive Order, they have been using Deere as a stalking horse on the issue and should be called to account as well,

Two from AgWeb. First up, July 6

Biden Sides with Farmers Over 'Right to Repair' Tractor Software Battle

 U.S. President Joe Biden wants the Federal Trade Commission to limit the ability of farm equipment manufacturers to restrict tractor owners from using independent repair shops or complete some repairs on their own, a source briefed on the matter told Reuters Tuesday.

Biden's planned executive order on competition, expected to be released in the coming days, will encourage the FTC to address the issue, the source said. Some tractor manufacturers like Deere & Co use proprietary repair tools and software to prevent third parties from performing some repairs. Deere and the FTC did not immediately comment.

The FTC wrote a report for Congress in May that discussed "Right to Repair," which addresses the issue of limits that manufacturers put on who can repair items ranging from mobile phones to home appliances to cars. Those limits may also raise the price of those repairs....

....MUCH MORE

And:

AEM, John Deere Respond to Biden's Planned Executive Order Over Right to Repair Equipment

After more than a decade of legislative proposals, the Biden Administration is preparing plans to allow equipment owners to have the right to repair their own equipment.

First reported by Reuters Tuesday, President Joe Biden is expected to sign an executive order in the coming days to encourage the Federal Trade Commission (FTC) to limit the ability of farm equipment manufacturers to restrict tractor owners from using independent repair shops or completing some of the work themselves. 

White House Press Secretary Jen Psaki responding to the report on Tuesday, saying the effort would help farmers "fight back against abuses of power by giant agribusiness corporations and give farmers the right to repair their own equipment how they like."....

....MUCH MORE

We've been following the specific and wider questions (looking at you Apple) of this issue for a long time:

June 8, 2021
"Microsoft and Apple Wage War on Gadget Right-to-Repair Laws"

July 2019
Pearson, Biggest Textbook Publisher, Pushing Students To Ebooks You Can't Resell (PSON.L)
Combining a couple threads from days gone by. Do you, or don't you, own what you've paid for?
And one of the best market calls ever. ...

May 2019
"Apple Is Telling Lawmakers People Will Hurt Themselves if They Try to Fix iPhones" (AAPL)
April 2019
"U.S. Farmers Are Being Bled by the Tractor Monopoly" (DE)
This is a major story and not just for farmers and people who eat food....

"Why American Farmers Are Hacking Their Tractors With Ukrainian Firmware" (DE)
April 2015
John Deere Tells Patent Office That Purchasers Don't Actually Own the Machine They Paid For (DE)
 May 2015 
"John Deere Clarifies: It's Trying To Abuse Copyright Law To Stop You From Owning Your Own Tractor... Because It Cares About You" (DE)
November 2016 
For the Next Two Years Auto Manufacturers Can't Have You Arrested...
...for trying to repair or modify the software on your own car.
March 2018 
"The Right to Repair Battle Has Come to Silicon Valley"
You didn't thinks all those posts on John Deere and "Kirtsaeng v. John Wiley & Sons, Inc." were simply about tractors and textbooks did you? I mean, sure they were, but they were also about whether you own the stuff you buy and if the Supreme Court would uphold the First Sale Doctrine.
Oct. 2018
A Major Win For the Right to Repair Your Own Stuff (AAPL; DE)

We've chronicled how manufacturers, most egregiously John Deere of all people, have been inserting clauses into purchase agreements that basically state, errrmmm, that you didn't actually purchase anything more than a service.
The U.S. copyright office would beg to differ with the manufacturers on one weapon they've been using....
"The 'Right to Repair' Movement Is Gaining Ground and Could Hit Manufacturers Hard"
What started as a single observation has become a series, this manufacturer's claim that when you buy their product you've actually just entered into some sort of neo-feudal lease arrangement, some links below....