California Set To Pass ‘Right To Repair’ Reform With Help From… Apple?
from the if-you-can't-beat-'em dept
California is poised to be the third state in the U.S. (behind New York and Minnesota) to pass “right to repair” legislation after the state’s Right to Repair Act SB 244 passed 50–0 vote in the Assembly followed by a 38–0 vote in the Senate. Those three states alone comprise roughly 20 percent of all American consumers.
The bill requires hardware manufacturers to make documentation, tools, and other repair essentials available to consumers and independent repair shops at affordable terms. And it passed, in small part, thanks to a last minute push by historically one of the worst offenders in the realm of affordable repair: Apple.
Tinkerers and right to repair activists like the folks at iFixit were unsurprisingly thrilled, noting that if this bill can pass in “Big Tech’s” backyard, anything is possible in other states:
“The era of manufacturers’ repair monopolies is ending, as well it should be,” said Kyle Wiens, iFixit CEO. “Accessible, affordable, widely available repair benefits everyone. We’re especially thrilled to see this bill pass in the state where iFixit is headquartered, which also happens to be Big Tech’s backyard. Since Right to Repair can pass here, expect it to be on its way to a backyard near you.”
Apple has been notoriously shitty on right to repair historically. The company has an obnoxious history of bullying of independent repair shops, making affordable independent repair as difficult as possible, and, initially, lobbying vehemently against any reform (it once tried to claim that if Nebraska passed right to repair legislation it would turn into a “mecca for hackers,” which was supposed to be derogatory).
With the right to repair movement seeing overwhelming, bipartisan public support, companies like Microsoft and Apple have both started to realize they were swimming upstream. Apple has slowly started rolling out programs that make it easier to repair Apple tech, and in August surprised everyone by announcing that it now supported SB 244.
To be clear other companies (and some policy orgs both Apple and Microsoft are members of) are having significant success watering many of these bills down. New York’s bill, which already excluded most of the worst offending industries on this subject (like vehicles, home appliances, farm equipment or medical devices) was comically weakened further by NY Governor Kathy Hochul after passage.
California’s bill isn’t as weak as New York’s, but it’s not quite as strong as Minnesota’s, in part thanks to certain loopholes:
“Though the bill is strong and should make repairs more available for everyone, it allows manufacturers to continue to engage in parts pairing, a practice by which they limit repairs with software blocks. They can also combine parts into expensive assemblies, which makes repairs more expensive.”
Consumer protection in general is fairly pathetic in the U.S., and is poised to become even more pathetic once the rightward lurching Supreme Court gets done lobotomizing regulatory authority. But the right to repair movement is a notable exception, and a growing number of companies are realizing that opposing the movement is akin to trying to start a fist fight with a river.
Filed Under: california, consumers, drm, independent repair, right to repair
Companies: apple, ifixit
Comments on “California Set To Pass ‘Right To Repair’ Reform With Help From… Apple?”
what ya gonna get
Apple stores parts
Apple sells parts
Apple Prices parts
How far back does apple need to go?
How much is enough to stock?
Oh, that part is to old, we dont stock it.
Oh, were out of stock/stock is delayed/Manufacture is out of that product, waiting on resupply/…/…/…
That part will cost, wait for it, looks it up, X 10, $300. ITS AN F’ing Screw. But that cover handling and shipping and manufacture of a Single PART.
Apple was NEVER in the business of repair. They hired out, and you dont want that story, Parts workers paid by the job.
They’re also realizing that they can help dam the river to reduce its impact on their land (i.e., water down RTR bills before they become laws).
Re:
Maybe, but given the support of iFixIt and EFF this doesn’t feel watered-down to me. There’s always room for improvement but this is a good bill.
If Apple supports it, it’s a bad law. Must have some requirements too onerous for smaller companies.
Re:
Louis Rossmann made some commentary on this which i’ve not yet watched.
https://youtube.com/user/rossmanngroup
Re:
7 years of parts (presumably meaning retaining parts available for at least 7 years after discontinuation of manufacturing would be a proportionally bigger burden for smaller companies than larger. With a smaller customer base you’ll have more trouble estimating the demand for parts, as the sample size is smaller. A sudden unexpected demand for a particular part is more likely to put you in non-compliance.
From what I gather it has two major loopholes.
So all that really changes is in theory more people/companies can repair products but the manufacturer gets to block it to only first party parts still.
If the safety clause turns out to be company defined then we get the same ol bs about how batteries are just too dangerous for user repairs.
Re:
“(f) Nothing in this section shall be construed to require a manufacturer to make available special documentation, tools, and parts that would disable or override antitheft security measures set by the owner of the product without the owner’s authorization.”
“(g) Nothing in this section shall be construed to require a manufacturer to sell service parts if the service parts are no longer provided by the manufacturer or made available to an authorized repair provider.”
Newly added to the bill.
“(i) If a manufacturer is considered an authorized repair provider under subparagraph (B) of paragraph (1) of subdivision (j), this section shall not require the manufacturer to make available either of the following:
(1) Documentation or tools that the manufacturer itself uses only to perform, at no cost, diagnostic services virtually through telephone, internet, chat, email, or other similar means that do not involve the manufacturer physically handling the customer’s electronic or appliance product, unless the manufacturer also makes the documentation or tools available to an individual or business that is unaffiliated with the manufacturer.
(2) Documentation or tools used exclusively for repairs completed by machines that operate on several electronic or appliance products simultaneously, if the manufacturer makes available to owners of the product, service and repair facilities, and service dealers sufficient alternative documentation and tools to effect the diagnosis, maintenance, or repair of the electronic or appliance product.”
“(k) This section shall not apply if the manufacturer provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer.”
Those 2 new ones are interesting…
So if apple just gives you a free replacement they don’t have to do anything by the sounds of it.
Re: Re: giggle room
(i) If a manufacturer is considered an authorized repair provider under subparagraph (B) of paragraph (1) of subdivision (j), this section shall not require the manufacturer to make available either of the following:
So, apple designates itself as Manufacture, and a repairer??? the parts arnt made here? are they assembled in the USA? Apple pays another company to do the repairs, AFTER it over estimates the costs.
(1) Documentation or tools that the manufacturer itself uses only to perform, at no cost, diagnostic services virtually through telephone, internet, chat, email, or other similar means that do not involve the manufacturer physically handling the customer’s electronic or appliance product, unless the manufacturer also makes the documentation or tools available to an individual or business that is unaffiliated with the manufacturer.
If some one is going to have the software(tools) or Documentation to remotely Diagnose the problem? He can not let anyone use them, only the manufacture can allow them to be used Directly to the person or company they wishes to use them.
So if Apples Testing apps, and such are in the wild. So one is going to be Sued. Only those Apple SELLS them to can use them.
(2) Documentation or tools used exclusively for repairs completed by machines that operate on several electronic or appliance products simultaneously,….
MEANS that the company can DUMB DOWN the manuals and apps it uses to diagnose and FIX its devices.(so you cant find the key)
(k) This section shall not apply if the manufacturer provides an equivalent or better, readily available replacement electronic or appliance product at no charge to the customer.”
And apple is going to GIVE you a $1000 phone…AFTER copying all your data to the phone?
“The bill requires hardware manufacturers to make documentation, tools, and other repair essentials available to consumers and independent repair shops at affordable terms. And it passed, in small part, thanks to a last minute push by historically one of the worst offenders in the realm of affordable repair: Apple.”
Perhaps that’s actually Apple Records rather than Apple Computers because it’s a well-known fact that the IT company would rather break functionality than allow people to use their overpriced devices properly. For example, there’s still no Bluetooth interconnectivity on iPhones and iPads over a decade after Apple killed it over ‘security issues’ (breaking things rather than fixing holes in its security).