Difference between revisions of "Electronics Right to Repair"
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Electronics Right to Repair is a movement that aims to provide consumers sensible and economical means to repair their electronic devices. While consumers currently have the right to repair their own devices, and there are a large number of independent (non manufacturer-authorized) repair shops across the U.S., consumers and independent repair technicians often struggle to do successfully perform repairs due to their inability to access replacement parts, service manuals, and diagnostics tools. In addition, some manufacturers, such as Apple and Samsung, imposes software barriers that may limit the functionality of devices with replaced hardware components<ref>{{cite web |url=https://www.ifixit.com/News/33593/heres-the-secret-repair-tool-apple-wont-let-you-have |title=Here Are the Secret Repair Tools Apple Won’t Let You Have |last=Purdy |first=Kevin |date=October 28, 2019 |website=iFixit |publisher=iFixit |access-date=January 19, 2023 }}</ref>. | Electronics Right to Repair is a movement that aims to provide consumers sensible and economical means to repair their electronic devices. While consumers currently have the right to repair their own devices, and there are a large number of independent (non manufacturer-authorized) repair shops across the U.S., consumers and independent repair technicians often struggle to do successfully perform repairs due to their inability to access replacement parts, service manuals, and diagnostics tools. In addition, some manufacturers, such as Apple and Samsung, imposes software barriers that may limit the functionality of devices with replaced hardware components<ref>{{cite web |url=https://www.ifixit.com/News/33593/heres-the-secret-repair-tool-apple-wont-let-you-have |title=Here Are the Secret Repair Tools Apple Won’t Let You Have |last=Purdy |first=Kevin |date=October 28, 2019 |website=iFixit |publisher=iFixit |access-date=January 19, 2023 }}</ref>. | ||
| − | Manufacturers usually claim that "unauthorized" repairs done by independent repair providers may violate copyright laws and their rights to their proprietary software and hardware components. However, such claims are rarely grounded in law, as manufacturers typically do not have rights to control property sold to consumers beyond the sale. In December 2016, the U.S. Copyright Office (USCO) concluded that U.S. copyright laws do not restrict the repair of devices, and that repair does not constitute an infringement of copyright laws | + | Manufacturers usually claim that "unauthorized" repairs done by independent repair providers may violate copyright laws and their rights to their proprietary software and hardware components. However, such claims are rarely grounded in law, as manufacturers typically do not have rights to control property sold to consumers beyond the sale. In December 2016, the U.S. Copyright Office (USCO) concluded that U.S. copyright laws do not restrict the repair of devices, and that repair does not constitute an infringement of copyright laws<ref>{{cite web|title=The Repair Association|url=https://www.repair.org/|access-date=2021-08-08|website=The Repair Association|language=en-US}}</ref>. |
| − | <ref>{{cite web|title=The Repair Association|url=https://www.repair.org/|access-date=2021-08-08|website=The Repair Association|language=en-US}}</ref>. | + | |
| − | == | + | == Benefits of Right to Repair == |
| − | == | + | === Competitive repair market === |
| − | === | + | === Reduce electronic waste (e-waste) === |
| − | + | It is believed that the widespread availability of economical repair options can help reduce electronic waste. | |
| − | === | + | Right-to-repair advocates, such as Nathan Proctor from the U.S. Public Interest Research Group (a consumer advocacy group), argue that reuse and repair of usable technology should be preferred over recycling, as reuse generates substantially less e-waste and is considerably more environmentally friendly. |
| + | |||
| + | However, due to the lack of economically viable repair options, many consumers may choose to dispose of devices with minor malfunctions and replace them over repairing failed devices. A web-based survey about how consumers understand repair conducted by Dr. Aaron Perzanowski -- Professor of Law at the University of Michigan Law School -- in 2020 found that 86% of respondents (N=838) had replaced, discarded or recycled a smartphone or tablet due to common hardware failures. Amongst such failures, display damages and battery issues are the most prevalent, and both of these malfunctions are easily repairable<ref>https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11398&context=ilj</ref>. | ||
| + | |||
| + | == Current challenges to repairing electronic devices == | ||
| − | In 2019, the Federal Trade Commission (FTC) authored a report on electronics device manufacturers' restrictions of repair, titled | + | In 2019, the Federal Trade Commission (FTC) authored a report on electronics device manufacturers' restrictions of repair, titled ''Nixing the Fix''. In this report, the FTC uncovers several issues regarding the accessibility of repair, including<ref>https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf</ref>: |
* Applying excessive amounts of adhesives, which makes it difficult to disassemble devices. | * Applying excessive amounts of adhesives, which makes it difficult to disassemble devices. | ||
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* Unlawfully asserting patent rights and enforcing trademarks. | * Unlawfully asserting patent rights and enforcing trademarks. | ||
* Discouraging the use of non-OEM parts and independent repair services. | * Discouraging the use of non-OEM parts and independent repair services. | ||
| − | * Using Digital Rights Management (DRM), technical protection mechanisms (TPM), and other forms of software restrictions. | + | * Using Digital Rights Management (DRM), technical protection mechanisms (TPM), and other forms of software restrictions. |
| − | + | == Right to Repair in the United States == | |
| + | |||
| + | === State legislation === | ||
| + | |||
| + | Right-to-repair legislations that apply to electronic devices have been proposed in various U.S. states. | ||
| + | |||
| + | === Federal Trade Commission (FTC) === | ||
| + | |||
| + | The FTC's 2019 report ''Nixing the Fix'' details the hardships repair restrictions create for consumers and businesses, and the Commission is concerned that such burden is borne heavily by low-income families and small businesses. As a result, the FTC is in favor of competition in repair services and supporting independent repair. Providing more choices in repair can enable timely and economic repairs, reduce e-waste, and provide opportunities for entrepreneurs and local businesses<ref>https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf</ref>. | ||
| − | In absence of legislation, FTC rules can offer consumers and independent repair technicians some amount of Right to Repair. For example, the FTC could implement a "fair repair" rule that requires electronics device manufacturers to and sell replacement parts and provide diagnostics software to the public <ref>https://www.washingtonpost.com/outlook/2021/07/13/biden-ftc-right-to-repair/</ref>. | + | In absence of legislation, FTC rules can offer consumers and independent repair technicians some amount of Right to Repair. For example, the FTC could implement a "fair repair" rule that requires electronics device manufacturers to and sell replacement parts and provide diagnostics software to the public<ref>https://www.washingtonpost.com/outlook/2021/07/13/biden-ftc-right-to-repair/</ref>. |
On July 21st, 2021, the FTC voted 5-0 and unanimously approved a policy statement aimed at restoring the Right to Repair for all. The Commission plans to strengthen law enforcement against repair restrictions that prevent individuals from fixing their own devices <ref>https://www.ftc.gov/news-events/news/press-releases/2021/07/ftc-ramp-law-enforcement-against-illegal-repair-restrictions</ref>. | On July 21st, 2021, the FTC voted 5-0 and unanimously approved a policy statement aimed at restoring the Right to Repair for all. The Commission plans to strengthen law enforcement against repair restrictions that prevent individuals from fixing their own devices <ref>https://www.ftc.gov/news-events/news/press-releases/2021/07/ftc-ramp-law-enforcement-against-illegal-repair-restrictions</ref>. | ||
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=== President Biden === | === President Biden === | ||
| − | On July 9th, 2021, U.S. President Biden signed Executive Order 14036, | + | On July 9th, 2021, U.S. President Biden signed Executive Order 14036, ''Promoting Competition in the American Economy''<ref>https://www.federalregister.gov/documents/2021/07/14/2021-15069/promoting-competition-in-the-american-economy</ref>. The Order, mainly aimed to improve competition in the American economy, condemns manufacturers' anticompetitive behaviors that restrict self-repair or independent repair services<ref>https://www.washingtonpost.com/outlook/2021/07/13/biden-ftc-right-to-repair/</ref>. |
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== See also == | == See also == | ||
Revision as of 21:50, 21 January 2023
Electronics Right to Repair is a movement that aims to provide consumers sensible and economical means to repair their electronic devices. While consumers currently have the right to repair their own devices, and there are a large number of independent (non manufacturer-authorized) repair shops across the U.S., consumers and independent repair technicians often struggle to do successfully perform repairs due to their inability to access replacement parts, service manuals, and diagnostics tools. In addition, some manufacturers, such as Apple and Samsung, imposes software barriers that may limit the functionality of devices with replaced hardware components[1].
Manufacturers usually claim that "unauthorized" repairs done by independent repair providers may violate copyright laws and their rights to their proprietary software and hardware components. However, such claims are rarely grounded in law, as manufacturers typically do not have rights to control property sold to consumers beyond the sale. In December 2016, the U.S. Copyright Office (USCO) concluded that U.S. copyright laws do not restrict the repair of devices, and that repair does not constitute an infringement of copyright laws[2].
Contents
Benefits of Right to Repair
Competitive repair market
Reduce electronic waste (e-waste)
It is believed that the widespread availability of economical repair options can help reduce electronic waste.
Right-to-repair advocates, such as Nathan Proctor from the U.S. Public Interest Research Group (a consumer advocacy group), argue that reuse and repair of usable technology should be preferred over recycling, as reuse generates substantially less e-waste and is considerably more environmentally friendly.
However, due to the lack of economically viable repair options, many consumers may choose to dispose of devices with minor malfunctions and replace them over repairing failed devices. A web-based survey about how consumers understand repair conducted by Dr. Aaron Perzanowski -- Professor of Law at the University of Michigan Law School -- in 2020 found that 86% of respondents (N=838) had replaced, discarded or recycled a smartphone or tablet due to common hardware failures. Amongst such failures, display damages and battery issues are the most prevalent, and both of these malfunctions are easily repairable[3].
Current challenges to repairing electronic devices
In 2019, the Federal Trade Commission (FTC) authored a report on electronics device manufacturers' restrictions of repair, titled Nixing the Fix. In this report, the FTC uncovers several issues regarding the accessibility of repair, including[4]:
- Applying excessive amounts of adhesives, which makes it difficult to disassemble devices.
- Limiting availability of parts, manuals, and diagnostics software to the manufacturers themselves and their global network of authorized repair providers.
- Restricting access to telemetry data, such as logs generated during the normal operation of devices.
- Unlawfully asserting patent rights and enforcing trademarks.
- Discouraging the use of non-OEM parts and independent repair services.
- Using Digital Rights Management (DRM), technical protection mechanisms (TPM), and other forms of software restrictions.
Right to Repair in the United States
State legislation
Right-to-repair legislations that apply to electronic devices have been proposed in various U.S. states.
Federal Trade Commission (FTC)
The FTC's 2019 report Nixing the Fix details the hardships repair restrictions create for consumers and businesses, and the Commission is concerned that such burden is borne heavily by low-income families and small businesses. As a result, the FTC is in favor of competition in repair services and supporting independent repair. Providing more choices in repair can enable timely and economic repairs, reduce e-waste, and provide opportunities for entrepreneurs and local businesses[5].
In absence of legislation, FTC rules can offer consumers and independent repair technicians some amount of Right to Repair. For example, the FTC could implement a "fair repair" rule that requires electronics device manufacturers to and sell replacement parts and provide diagnostics software to the public[6].
On July 21st, 2021, the FTC voted 5-0 and unanimously approved a policy statement aimed at restoring the Right to Repair for all. The Commission plans to strengthen law enforcement against repair restrictions that prevent individuals from fixing their own devices [7].
FTC Chair Lina M. Khan stated this during an open Commission meeting:
These types of restrictions can significantly raise costs for consumers, stifle innovation, close off business opportunity for independent repair shops, create unnecessary electronic waste, delay timely repairs, and undermine resiliency. The FTC has a range of tools it can use to root out unlawful repair restrictions, and today’s policy statement would commit us to move forward on this issue with new vigor.
President Biden
On July 9th, 2021, U.S. President Biden signed Executive Order 14036, Promoting Competition in the American Economy[8]. The Order, mainly aimed to improve competition in the American economy, condemns manufacturers' anticompetitive behaviors that restrict self-repair or independent repair services[9].
See also
References
- ↑ Purdy, Kevin · (October 28, 2019) · Here Are the Secret Repair Tools Apple Won’t Let You Have · work · iFixit · 01-21-2023
- ↑ lastname, firstname · (date) · The Repair Association · work · 01-21-2023
- ↑ https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=11398&context=ilj
- ↑ https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf
- ↑ https://www.ftc.gov/system/files/documents/public_statements/1592330/p194400repairrestrictionspolicystatement.pdf
- ↑ https://www.washingtonpost.com/outlook/2021/07/13/biden-ftc-right-to-repair/
- ↑ https://www.ftc.gov/news-events/news/press-releases/2021/07/ftc-ramp-law-enforcement-against-illegal-repair-restrictions
- ↑ https://www.federalregister.gov/documents/2021/07/14/2021-15069/promoting-competition-in-the-american-economy
- ↑ https://www.washingtonpost.com/outlook/2021/07/13/biden-ftc-right-to-repair/
