FTC Unanimously Backs New Policy Supporting Your Right to Repair Your Own Devices In The U.S.:
Following an executive order from U.S. President Biden, today the U.S. Federal Trade Commission voted unanimously to adopt a new a[sic] policy designed to support the growing right to repair movement.
Passed in a 5-0 decision, the FTC’s new policy is designed to make it easier for consumers to fix their own devices and also pledges to step up investigations of companies suspected of having unlawful repair restrictions. That’s something the FTC admitted has not been an “enforcement priority for the Commission for a number of years.”
No new laws have been set in stone just yet, but the FTC’s new policy outlines five things it’s looking to improve going forward. The first is that the FTC will now prioritise investigations into unlawful repair restrictions covered under laws like the Magnuson-Moss Warranty Act. Additionally, the FTC says it will urge the public to submit complaints and info about companies that are potentially violating relevant laws, while also keeping a closer eye on private litigation to help decide which companies may require further investigation.
(Score: 5, Interesting) by Opportunist on Saturday July 24 2021, @11:14AM (16 children)
Read closely and you'll notice why the FTC supports this bill. In a nutshell, the bill demands that independent repair shops have to get access to information and spare parts to do that work. Nobody requires them to give it to you, even if you had the technical knowledge to do those repairs yourself.
(Score: -1, Troll) by Anonymous Coward on Saturday July 24 2021, @11:25AM
Just like the UK crap. Useless. What a bunch of fucking wankers all around.
(Score: 5, Interesting) by zocalo on Saturday July 24 2021, @11:31AM (10 children)
The information part is all be moot anyway, of course, because you can pretty much guarantee that all the documentation is going to effectively be in the public domain as soon as some right minded-individual acquires the files and uploads them to suitable file-sharing sites, just as they do today - amazing how many internal repair manuals you can already find online using the usual suspects - but I fully expect that we'll see some "Hollywood accounting" style shenanigans as to precisely why there are no spare parts available outside vendor approved channels.
UNIX? They're not even circumcised! Savages!
(Score: 5, Insightful) by Runaway1956 on Saturday July 24 2021, @11:51AM
It's hard to say that any device is potentially more dangerous than your car. Yet, we have precisely that situation with auto repair - we have had that situation for as long as I can remember. If a six year old can walk into a parts house, ask for a specific part, pay for it, and carry it out of the store, everyone is cool with that. And, for all I know, that six year old just might put the part on the car when he gets home!
Things should be no different with an iThing, household appliances, a hovercar, or the family moon rocket.
(Score: 3, Insightful) by Opportunist on Saturday July 24 2021, @12:55PM (4 children)
I don't know what it takes in your country to set up a registered corporate entity, in mine this is considerably more expensive than your average phone or appliance.
Also, we can already fingerprint and watermark documents well enough to know for sure who leaks it, and slap pretty draconic NDAs on them to ensure you think twice about publishing them.
(Score: 2) by HiThere on Saturday July 24 2021, @06:09PM (2 children)
It's fairly cheap, or was a few decades ago (where I lived a few decades ago). But there are some complicated hoops to jump through, and you needed to have three friends to sign onto the paperwork.
Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.
(Score: 2) by Opportunist on Saturday July 24 2021, @10:09PM (1 child)
Huh? What if I'm a misanthropic asshole who has no friends? I can't found a business just because I hate humans? That's ... well, some sort of discrimination it sure is!
(Score: 0) by Anonymous Coward on Sunday July 25 2021, @08:48AM
If you are an asshole, then you have plenty of friend lawyers. If you pay them, they will sign almost anything.
(Score: 2) by Mykl on Sunday July 25 2021, @10:05PM
In Australia a small business requires an Australian Business Number (ABN). It's free, you can register for it online, and it is usually ready to use straight away.
(Score: 2) by bzipitidoo on Saturday July 24 2021, @02:41PM (1 child)
> I fully expect that we'll see some "Hollywood accounting" style shenanigans
Already have, for decades. The car dealership with the official replacement part is always the last place you want to buy auto parts from, because they're very expensive. Rarely, but it does happen, 3rd parties sell you substandard, shoddily remanufactured junk that quickly fails. Every time it does, the auto manufacturers and dealerships gleefully say "see? see? Should've bought Genuine GM Parts!"
Another is the not-a-real-warranty warranty that has several conditions that make it worthless by making the cost of repair more than the cost of just throwing the old away and buying new. Such as, you are required to buy repair parts from "official" distributors, who, of course, gouge you. Or, you must have the work done at an official repair shop, at inflated labor rates, the costs of which, naturally, the warranty doesn't cover, it covers only parts, and only some at that.
(Score: 2) by Runaway1956 on Saturday July 24 2021, @04:03PM
In my experience, "remanufactured" means genuine OEM-quality parts that have been refurbished to the same exacting standards as the OEM. That is, a remanufactured GM starter or alternator will give you the same performance and life expectancy that the original equipment gave.
The shoddy components are generally branded with weird names you have never heard of.
In between the remanufacturers and the shoddy cheap brands is a wide range of quality. The better stuff is built by recognizable brand names, and usually deliver nearly the same performance as OEM. Diving into the bargain basement brands will always be an adventure.
When offered a "reman" part, always ask if it's a genuine GM/Ford/Mopar/Whatever part first. If it is, buy with confidence.
(Score: 2) by FatPhil on Saturday July 24 2021, @03:45PM (1 child)
Does the world need more Aaron Swartzes?
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 0) by Anonymous Coward on Saturday July 24 2021, @06:07PM
n/t
(Score: 3, Interesting) by mcgrew on Saturday July 24 2021, @11:31AM (3 children)
It will work the same way people repair antique autos: fabricate the broken part yourself.
As to the FTC, I wonder if they contacted Google? I emailed fraud@ftc.gov a month or two ago complaining about how Google News doesn't work well (actually hardly at all) on Android with any other browser besides Chrome, the same evil that Microsoft pulled with Windows and IE in the '90s. They went after Microsoft until Bush (who historians call our twelfth worst president) was elected and let them off with less than a slap on the wrist.
I think they may have, as it's working a lot better in Firefox. Still looking for a different aggregator.
mcgrewbooks.com mcgrew.info nooze.org
(Score: 2, Interesting) by Anonymous Coward on Saturday July 24 2021, @06:10PM
I think what happened is that Firefox finally caved and implemented Google's required non-standard and insecure Javascript API.
(Score: 1, Interesting) by Anonymous Coward on Sunday July 25 2021, @06:02AM (1 child)
"It will work the same way people repair antique autos: fabricate the broken part yourself."
Given our broken patent system someone will sue for infringement.
Also if it's a part that has firmware on it the firmware is subject to copy'right' and you can't just legally duplicate it.
So the law works against you in every step.
This right to repair by the FTC is
A: Not a bill passed by congress
B: May be a bunch of populous grandstanding that doesn't actually get anything done.
Think back when Trump passed an executive order allowing us to buy drugs from Canada. Biden talked about doing something to make drugs cheaper but not only has he done nothing he has also undid Trump's administrative order to allow us to buy drugs from Canada. Biden does everything to give you the appearance he is serving the public interest but he really is not.
(Score: 0) by Anonymous Coward on Sunday July 25 2021, @06:04AM
he has also undone *
(Score: 4, Funny) by Gaaark on Saturday July 24 2021, @11:29AM (5 children)
to adopt a new a[sic [sic] policy
--- Please remind me if I haven't been civil to you: I'm channeling MDC. ---Gaaark 2.0 ---
(Score: 5, Funny) by zocalo on Saturday July 24 2021, @11:33AM (4 children)
UNIX? They're not even circumcised! Savages!
(Score: 0) by Anonymous Coward on Saturday July 24 2021, @12:35PM
No, it's a[sick
(Score: 0) by Anonymous Coward on Saturday July 24 2021, @04:02PM (2 children)
Where will it end??? Oh here ].
(Score: 2) by istartedi on Saturday July 24 2021, @10:02PM (1 child)
Thanks a lot, buddy. I was having fun living in open bracket world. No bills. No obligations. No responsibility. Now I have to go back to reality.
Appended to the end of comments you post. Max: 120 chars.
(Score: 2) by DECbot on Sunday July 25 2021, @12:17AM
Lisp has taught me, you can live an open bracket lifestyles as long as you close them before the end of the file.
cats~$ sudo chown -R us /home/base
(Score: 2) by Rosco P. Coltrane on Saturday July 24 2021, @11:55AM (16 children)
your own stuff. It's yours obviously. Nothing prevents you from opening you Apple product or John Deere tractor and attempting to repair it. The problem is when the manufacturer makes it absurdly hard to do on puporse (or, if you're generous, out of carelessness in the design) or outright impossible, or voids the warranty if you do - which is another form of deterrent.
(Score: 5, Insightful) by weilawei on Saturday July 24 2021, @11:59AM (15 children)
(Score: 3, Informative) by Runaway1956 on Saturday July 24 2021, @12:10PM (13 children)
https://www.federalregister.gov/documents/2018/10/26/2018-23241/exemption-to-prohibition-on-circumvention-of-copyright-protection-systems-for-access-control [federalregister.gov]
I've gotta say, I love that format. The summary is short, sweet, to the point - like all summaries should be.
(Score: 3, Interesting) by weilawei on Saturday July 24 2021, @12:19PM (12 children)
Now, that's an awfully narrow definition of repair. Want to use an open source firmware to fix a security hole the vendor leaves unpatched? Illegal.
(Score: 2) by Rosco P. Coltrane on Saturday July 24 2021, @12:25PM (3 children)
Devil's advocate here, but I believe if you fix a security hole, you make the original product better. Repairing it would be bringing back to its original functional state, security holes included.
It's a sad state of affairs though. I'll admit.
(Score: 2) by weilawei on Saturday July 24 2021, @12:33PM
(Score: 5, Funny) by Opportunist on Saturday July 24 2021, @12:58PM
Like in the old joke where someone goes to a pet store and asks to buy bedbugs, cockroaches, silverfishes and other vermin. Asked why, he simply states that he plans to move out and his rent contract demands he has to return the flat in the same state he got it in.
(Score: 0) by Anonymous Coward on Sunday July 25 2021, @08:59AM
The problem is you are reading it as someone that wants to keep the device closed. Laws in places like US follow Common Law and have *intent*. The laws tell you what you cannot do. They tell you not to circumvent copyright restrictions unless you want to do things like REPAIR.. If you repair makes things better, like closing security holes, then you win the REPAIR. If you make things worse, you no longer can call it repair.
The idea is you should not be circumventing emission controls and the like and then call it REPAIR. Maybe some of this makes the engine run better by some definitions (like slightly less fuel usage), but then it fucks over everyone by causing deaths through additional NOx emissions. In that case, your REPAIR is actually BREAKING THINGS and hence not permitted by the exemption. It then allows the manufacturer to sue the so called repair shop and prevents the original manufacturer from being liable for excess emissions as their equipment is no longer in spec.
So, are you now clear that the law in US is not black and white?
(Score: 2) by Runaway1956 on Saturday July 24 2021, @12:28PM (7 children)
Yep, I read it. It is pretty clearly the Librarian's intent to make it easier for a lot of people to do a lot of things with DMCA protected stuff. "Repair" isn't all that complicated a concept. You buy an iThing that stops Thinging. You do diligent research and troubleshooting, and learn that the widget needs to be reseated into the thingamabob. It is your right to perform that task, so that your iThing does it's Thing again.
That's all pretty straighforward, I think.
But, the Librarian goes on to exempt even more, like doing research for interoperability, and even reverse engineering.
The Librarian's rule fits hand and glove with this FTC policy. It's almost as if they had collaborated on the whole concept!!
(Score: 2) by weilawei on Saturday July 24 2021, @12:36PM (6 children)
(Score: 3, Insightful) by Runaway1956 on Saturday July 24 2021, @12:46PM (5 children)
I don't see that applying only to museums, libraries, and archives. What's more, even if it only applied to such institutions, then as a member of the public, I have every right to access and use the information contained in those archives.
In short, you have a very personal right to repair, or to have repaired, your personally owned property. If you are unable to make the repair yourself, you have every right to take the device to a repair shop that openly competes with the manufacturer's repair network.
Again, I say the Librarian's rule fits hand and glove with the FTC's policy.
(Score: 2) by weilawei on Saturday July 24 2021, @04:14PM (2 children)
(Score: 3, Insightful) by Runaway1956 on Saturday July 24 2021, @04:26PM (1 child)
If your assessment is accurate, then we need to make it apply to everything else. And, the way to do that is to write congress critters, state reps, the Librarian, the FTC, and anyone else we can think of.
Of course, voting with your wallet goes further than anything. Buy your stuff from corporations who are friendly to the right to repair. Need a new $250,000 tractor? Don't buy John Deere!! Get a Russian import instead.
(Score: 0) by Anonymous Coward on Saturday July 24 2021, @07:24PM
Now Runaway is even shilling Russian tractors! His controllers must be very happy.
(Score: 1) by wArlOrd on Saturday July 24 2021, @11:45PM (1 child)
... Indeed, the Motor & Equipment Manufacturers Association, which during the sixth triennial rulemaking initially opposed any exemption that would impact the software and TPMs in vehicles, now supports the exemption ...
Do I read that correctly; that they now admit they lied in their previous submissions?
Are there no penalties for that?
(Score: 0) by Anonymous Coward on Sunday July 25 2021, @12:01AM
Well, no, they wouldn't do anything so crude as to lie. They may have misrepresented the truth, but they would never lie!!
(Score: -1, Troll) by Anonymous Coward on Saturday July 24 2021, @12:50PM
Wow, talk about not knowing what the hell you're talking about...
(Score: 3, Interesting) by Snotnose on Saturday July 24 2021, @12:25PM (2 children)
is to be able the change the battery on my phone/kindle/headset when it dies, instead of being forced to buy a new device.
When the dust settled America realized it was saved by a porn star.
(Score: 2) by istartedi on Saturday July 24 2021, @10:07PM (1 child)
I looked in to this for my old battle-tank Nokia. The battery was actually available, but it was $65. I never needed to replace it though. The phone was actually being done in by spotty support for 2G. The straw that broke the camel's back was a broken charging cable! I think there might be just enough juice left in it to make one quick emergency call--I last booted it for grins and giggles a few months ago. That phone is from 2005, IIRC.
I'd love to know what they were doing when that phone and battery were built. It's like everything came together perfectly.
Appended to the end of comments you post. Max: 120 chars.
(Score: 2) by Reziac on Sunday July 25 2021, @02:23AM
Someone gift me a Nokia phone from ca. 2000. Last time I had it out for similar giggles, 3 or 4 years ago, it still took a charge and did its best -- can SEE the cell system, but can't speak to it.
And there is no Alkibiades to come back and save us from ourselves.
(Score: 5, Funny) by Anonymous Coward on Saturday July 24 2021, @12:45PM (4 children)
Dear FCC,
I wish to report a violation of the right to repair law by SoylentNews.org.
Yesterday, I posted a comment an inadvertently made a typographical error (spelling "transvestite" as "transvesite"). When I tried to repair the comment after posting it, I found that I was unable to because SoylentNews has a policy that you can only repair comments by sending them back to the factory. This is intolerable as I had a spare "t" and could easily have added it myself.
-A Concerned Citizen
(Score: 0, Informative) by Anonymous Coward on Saturday July 24 2021, @03:23PM (2 children)
Revisionism is the destruction of knowledge, and should be opposed.
(Score: 0) by Anonymous Coward on Saturday July 24 2021, @05:42PM
That's what I told my teachers when they told me to study for the exams.
(Score: 1, Interesting) by Anonymous Coward on Saturday July 24 2021, @06:20PM
Why does allowing revision of comments imply destruction? What's wrong with keeping an edit history for each comment that's revised? Simply place a link that says "edited -- see older version(s)" or something, and your problem is solved. It doesn't allow people to hide the history of a comment. No "destruction of knowledge" is implied.
I can see a couple objections and complications, namely that comments can have replies and/or moderation. Again, simple fix: if a comment has been edited after a reply has appeared, then the comment automatically should display a message saying, "This comment has been modified since replies have been made. See history here." Or whatever. Also, perhaps make a similar message appear if a reply appears within 5 minutes or whatever after an edit has been made (in case the person replying doesn't see the changes before posting). That draws extra attention and won't let anyone hide their changes. (A more draconian method would be to disallow hidden revisions after any replies have been made; instead, the commenter gets a warning that any changes will be displayed as a separate post, but with a comment that points to the new post and says, "This post was revised after replies were made. Click here to see the revised version.")
As for moderation, my personal solution would just be to drop any positive moderation points by a score of 1 every time a revision is made. Thus, someone has to weigh the benefit of revision vs. any positive moderation the comment has received already. (There could also be time limits for post revisions, too, as an alternative or additional way to deal with this.)
All the problems are solvable and would likely make small typos easier to deal with (which can sometimes be confusing if it's the wrong word or missing a "not" or something). Instead, now a commenter is forced to make another comment for correction, and then a moderator is faced with the question or moderating up perhaps a literally incorrect post (maybe a long post with one glaring error) or having to expend additional mod points dealing with the other comment that corrected things but may be less informative except for the correction... it's all silly.
(Score: 1, Funny) by Anonymous Coward on Saturday July 24 2021, @04:05PM
SN need to retain both copies and allow us to decide - teach the controversy!
(Score: 5, Interesting) by MIRV888 on Saturday July 24 2021, @06:35PM (2 children)
Example: My android's latest major update failed and now the phone will not load correctly. It crashes every time I try. Do I have the right to obtain a sanctioned company image and reflash?
(Score: 0) by Anonymous Coward on Sunday July 25 2021, @09:24PM
LG?
(Score: 0) by Anonymous Coward on Monday July 26 2021, @05:58PM
If a major Windows version upgrade fails you don't have the right to roll it back because the upgrade version's licence replaces the previous version's.
(Score: 3, Funny) by kazzie on Sunday July 25 2021, @05:41AM (1 child)
As a European, I'm glad the FTC supports my right to repair my devices in the US.
Now I just have to figure out how to get my washing machine over there...
(Score: 1, Touché) by Anonymous Coward on Sunday July 25 2021, @11:56PM
as long as it ain't control modules ... the bastards dipped the electronics in an insulating coating that makes it impossible to repair. why allow a 5 dollar repair by the customer when we can charge him 250 for the assembly ?