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Government The Courts Technology

Colorado Denied Its Citizens the Right-To-Repair After Riveting Testimony (vice.com) 245

A right-to-repair bill died in the Colorado state legislature on March 25, 2021. After almost three hours of testimony from business leaders, disabled advocates, and a 9-year-old activist, legislators said there were too many unanswered questions and that the proposed law was too broad. Motherboard reports: Colorado's proposed right-to-repair law was simple and clear. At 11 pages, the legislation spent most of its word count defining terms, but the gist was simple: It would let people fix their own stuff without needing to resort to the manufacturer and force said manufacturer to support people who want to fix stuff. "For the purpose of providing services for digital electronic equipment sold or used in this state, an original equipment manufacturer shall, with fair and reasonable terms and cost, make available to an independent repair provider or owner of the manufacturer's equipment any documentation, parts, embedded software, firmware, or tools that are intended for use with the digital electronic equipment, including updates to documentation, information, or embedded software," the proposed bill said.

The Colorado House Business Affairs & Labor committee met to consider the law on March 25. Twelve legislators voted to indefinitely postpone considering the bill. Only one voted for it. "I still have a lot of questions. I still have a lot of concerns," Rep. Monica Duran (D) said at the end of the committee hearing. She voted no on the bill. It was a stunning statement given just how many people testified on behalf of the right-to-repair legislation and how few questions the committee asked them. [...] In their own comments, the legislators repeated lines Apple and other companies often use to defend their repair monopolies. Shannon Bird (D), for example, said that manufacturers have the right to dictate how a customer uses its product. She stressed that Apple can sell licenses to whatever it wants. "Apple Music is different than purchasing a CD," she said. "I have a hard time believing that we would call it Apple having a monopoly on its own product."

Many of the legislators on the committee conflated the repair market with the phone market itself. Others said that a right-to-repair bill would increase the cost of phones for everyone. Rep. Steven Woodrow (D), a sponsor of the bill, explained why this didn't make any sense. "We're not talking about the market for phones. We're talking about the market for repairs, it's a secondary market," he said. "By restricting competition in that market they're engaged in manipulation. The cost should go down. By allowing for repairs you're increasing the supply. Basic econ says that as the supply increases the price decreases."

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Colorado Denied Its Citizens the Right-To-Repair After Riveting Testimony

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  • >testimony from business leaders, disabled advocates, and a 9-year-old activist Is right to repair so unimportant to society that they brought "disabled" advocates and a 9-year-old to testify against big business leaders? where are the repair shops? normal people who care about this stuff? environmentalists who want to reduce e-waste?
    • by Zappy ( 7013 )

      Exactly this. Why present the right to repair as a fringe subject instead of something *everyone* should want.

  • by Alain Williams ( 2972 ) <addw@phcomp.co.uk> on Tuesday April 06, 2021 @03:48AM (#61241652) Homepage

    for those twelve legislators available ? It would be interesting to see what ''contributions'' they have recently received and will do over the next year or so.

  • ...then Apple needs to call a repair person in the next time one of their photocopiers has a paper jam.

    • It would be hilarious if Apple's technology vendors started giving Apple the same treatment Apple gives to its own customers.

      "I'm gonna need you to make an appointment to bring that copier in to our genius bar. I have some openings at 11 am next Tuesday."

    • Which is why Apple is leading the way in Paperless Offices....
  • by Anonymous Brave Guy ( 457657 ) on Tuesday April 06, 2021 @04:15AM (#61241690)

    I'm strongly in favour of a carefully defined right to repair. However, if the legislators had genuine concerns about excessive breadth and ambiguity -- and having just read the bill itself, I can see why they would -- then not passing the legislation at this stage is probably the right choice. This is the kind of law that could reshape entire industries, for better or worse, so you definitely want to get it right.

    For example, as TFS notes, this bill is only 11 pages long, much of that consisting of definitions. It mentions forcing manufacturers to disclose embedded software. What form should that take? Will a binary blob suffice? Must the documentation that is required to be disclosed include software design documentation that specifies the interfaces connecting that software with other parts of the system? Can a rival manufacturer in a part of the world with fewer legal obligations then take that software and incorporate it into their own devices? Is source code required? Must all firmware releases be 100% reproducible builds that can be replicated by anyone on their own system? What is the penalty if they aren't? How must the manufacturer handle secrets used for security reasons? How do on-device secure storage features work in this environment? There seems to be nothing specified in the bill at even this thought-of-it-in-one-minute level of detail.

    It's true that the bill doesn't completely ignore the issues of security and trade secrets, but the related provisions are simplistic, and there seems to be a fundamental conflict between the purpose of the law being proposed and reasonable provisions for manufacturers. The bill seems to resolve any conflict unambiguously in favour of the right to repair, which could render the apparently intended protections for manufacturers all but worthless in practice. For example, what could possibly be an "appropriate secure release system" for disclosing sensitive information, if anyone who owns the device is entitled to have it? What use is an exemption from disclosing trade secrets, if assets that would include them such as software and documentation are explicitly excluded? What use is a right to redact documentation if you're only allowed to do that where it doesn't make any difference?

    I wouldn't be surprised if a list of reasonable and legitimate questions ran to over 11 pages in itself on this subject, and even if there might be good answers to all of them, they haven't been addressed here. If these kinds of questions are left unanswered by the law as written and open to courts to interpret later, that's a huge risk to force manufacturers to accept, which could have a chilling effect even on "good citizen" manufacturers, and might cause some manufacturers to leave the market altogether.

    Frankly, I wouldn't have voted to pass this law either, even if I am strongly in favour of the principle behind it.

    • by AmiMoJo ( 196126 )

      Being vague isn't necessarily a bad thing as it allows courts to decide on the specifics. In your example of embedded software a court would decide exactly what form that should take, keeping in mind the intent of the law is to allow for repair. So they might reason that a binary blob is fine as that's all you need to replace the SoC or MCU, you don't need source code.

      That way manufacturers have their opportunity to argue their position in court, or to find other ways to satisfy the requirements such as off

      • by Entrope ( 68843 )

        Is that how laws work in Germany? Here in the US, laws are narrowed or struck down for being vague [wikipedia.org] when the written law -- or regulation pursuant to the law -- is not clear enough for someone to clearly understand what is punished or mandated. US courts are not supposed to rescue vague laws by filling in blanks. (Most of the examples on that page are criminal cases, but vagueness doctrine applies in some civil cases [wikipedia.org] as well.)

      • by DarkOx ( 621550 )

        Being vague isn't necessarily a bad thing as it allows courts to decide on the specifics.

        So not surprised to read this kind of horse shit coming from you. Courts should strike such laws down as "void for vagueness" not legislate from the bench. Its the Job of legislators to carefully craft and consider legislation, research the likely impacts and get the details right. It not the job of court which hasnt got those resources and needs to resolve a dispute in a timely fashion to do it.

        Just admit AmiMoJo you look vague laws and courts figuring out what words mean after the fact because its easy to

        • by AmiMoJo ( 196126 )

          The problem with trying to enumerate every possible situation in a law is that you end up with loopholes.

      • Being vague isn't necessarily a bad thing as it allows courts to decide on the specifics.

        I respectfully disagree. Anyone should be able to make a reasonable judgement about whether they're obeying the law, at least in principle. Courts should deal with applying those principles to the specific circumstances of a case, and if necessary resolve any unintended ambiguity.

        In this scenario, the law would obviously establish a presumptive right to repair. It would also refer to various protections for manufacturers. But as written, it would be impossible for any manufacturer to know whether or not the

      • Being vague isn't necessarily a bad thing as it allows courts to decide on the specifics.

        It's a bad thing specifically because it requires courts to decide on the specifics. That means not only that enforcement can vary wildly from case to case, but also that costs can vary wildly from case to case. The People wind up paying for part of the process every time, so what you want is for the process to be well-defined and inexpensive. That means having a well laid-out law with clear definitions and processes.

        Courts should not be interpreting laws. Every time a court has to interpret a law, a law wa

    • Same here. This law is overly broad exactly as they have suggested.

      For example, what happens when a device is certified in such a way as to prevent tampering by third parties? Components in such devices are designed not to be repairable and will become unusable upon anti-tamper seals being broken. Here is an example of this [youtube.com] which impacts upon the financial industry. Even if limited to the intended scope very strictly, given smartphones now process as many sensitive transactions as the example referenced
  • by thejam ( 655457 ) on Tuesday April 06, 2021 @04:59AM (#61241740)

    This push for the so-called "right to repair" seems mostly about forcing manufacturers to provide free stuff like detailed technical documentation and access to parts, and not *primarily* about banning any limitations you have on messing with your own stuff. Fundamentally, that Colorado law would force manufacturers to sell more than they may want to: if you want to sell X, then you *must also* sell parts-for-X and documentation-for-X. Since companies have reputations, these extras must also not embarrass or otherwise harm the company, so some effort and investment must be put into the production and distribution of these things. I agree that, everything else held constant, I'd prefer to have parts & documentation available, but let's not pretend that those things don't introduce extra costs on the manufacturer, and ultimately in the product itself. I remember the crazy technical documentation the original IBM PC and Apple II had, but I also remember the crazy prices, which is why I usually only had access to clones.

    I especially loathe the idea of someone in government being in a position to bless a particular price for a part as be "fair": it gives the official making that judgement unreasonable power, and provides a great temptation for corruption.

    Now, to the extent that manufacturers can tell you what you may do with what you bought (like reverse engineer, destroy, repair, make-irreverent-sculpture-with, etc.), that's a different story, and basic liberty mandates pretty much absolute freedom: we should ban any government enforcement of rules by companies to prevent you doing what you want with your own stuff.

    But here's the rub for me: what if you could sign away, via contract, your natural right to mess with your new phone and in exchange you'd get a discount? Should we ban your right to agree to this contract? I am extremely suspicious of interfering with the right to contract, for it puts the will of the government ahead of your will. While I won't go so far as to say that limitations on right to contract are never justified (e.g., accepting to become a permanent slave for a fixed upfront fee), I will say that it's a pandora's box that you need to be very cautious before messing with it, for it's so easily abused.

    Thankfully, contracts are enforced in civil court, so one step forward would be to repeal any criminal penalties related to repairing devices. I am not a lawyer, but I believe current copyright law has been unfairly exploited by John Deere to prevent people from modding the firmware in their tractors, and by printer manufacturers to prevent refilling ink cartridges.

    • by Megane ( 129182 )

      free stuff like detailed technical documentation and access to parts

      They're not asking for that to be free, just that it be available at all outside of "authorized service centers". And also not to serial-number-lock otherwise replaceable parts to the main unit without "authorized service"-only equipment to "bless" replacement parts before they can work.

    • This push for the so-called "right to repair" seems mostly about forcing manufacturers to provide free stuff like detailed technical documentation and access to parts, and not *primarily* about banning any limitations you have on messing with your own stuff.

      Detailed technical documentation which already exists, mind you.

      Fundamentally, that Colorado law would force manufacturers to sell more than they may want to: if you want to sell X, then you *must also* sell parts-for-X and documentation-for-X.

      Good. The practice of producing unrepairable products is harmful to everyone in the long term.

      I agree that, everything else held constant, I'd prefer to have parts & documentation available, but let's not pretend that those things don't introduce extra costs on the manufacturer, and ultimately in the product itself.

      They in fact do not. The manufacturer has to produce that documentation anyway for their own use, and they can charge for the spare parts.

      I remember the crazy technical documentation the original IBM PC and Apple II had, but I also remember the crazy prices, which is why I usually only had access to clones.

      My Amiga 500 came with printed schematics in the manual. It cost me $500. Today the schematics would probably be delivered in an electronic format. Since they already exist (they had to in order to produce the produc

  • by ytene ( 4376651 ) on Tuesday April 06, 2021 @06:59AM (#61241936)
    In the Vice article, journalist Matthew Gault quotes a Colorado House representative, he makes the following observation about House Rep Shannon Bird:-

    "In their own comments, the legislators repeated lines Apple and other companies often use to defend their repair monopolies. Shannon Bird (D), for example, said that manufacturers have the right to dictate how a customer uses its product. She stressed that Apple can sell licenses to whatever it wants. “Apple Music is different than purchasing a CD,” she said. "I have a hard time believing that we would call it Apple having a monopoly on its own product.” "

    But if you check the actual voting record on this bill (see here [coloradocapitolwatch.com]), then you can see on the very first vote recorded by Colorado Capitol Watch, that Shannon Bird voted in favor of the bill.

    In fact, that page shows that only one member of the Colorado House, Chris Kennedy (D), opposed the vote. Unfortunately, even though the above-linked page suggests that it should also include details of Senate votes, there is not record of the Senate outcome. I had a brief look around, searching for details of the Senate vote, but I didn't find concrete data showing the results. If anyone does find this, perhaps you'd be kind enough to link please?

    Something else that is really odd/weird is the number of lobbyist filings for this one piece of legislation. (OK, it seems odd to me, but I've not looked at this sort of thing before). There were 101 filings against this bill from lobbyists... of which 51 were in opposition. Some interesting elements among the opposition - 5 submissions from eBay, 6 from AT&T, 2 from Apple, no less than 5 from the Colorado BioScience Association - and even one from Google.

    All of the 10 submissions from supporters of the bill appear to come from local Colorado organizations.

    In other words, the significant majority in opposition (5:1 opposed:supported) came from out-of-state giants. The significant majority of the supporters came from in-state groups that would benefit from right-to-repair [like farmers, who are held to ransom on spare parts for tractors, of all things] and so the legislature voted against.

    Maybe "...of the people, by the people, for the people..." needs to be amended to "of the people, by the lobbyists, for the corporations..."
    • To be fair, lobbyists are people whose job is to persuade legislators on the behalf of people who can't spend all day hanging around the legislature. Right now, there are lobbyists promoting things you want and support all over the place. Likewise, corporations are groups of people legally chartered to act as a single person for some particular purpose - including churches, towns, charities and NGOs, unions, and even businesses. Thus, "...of the people, by the people, for the people...", continues to app
  • "I have a hard time believing that we would call it Apple having a monopoly on its own product."

    You can only have a monopoly on your own product/service.

    Furthermore, since when do manufacturers have the right to dictate how consumers use their product? They may be shielded from liability if someone misuses a product and gets injured, and there are laws against the misuse of certain products (like aerosols), but that is not the same as dictating use. If I want to use my phone to bang in nails, I can.

  • by dwater ( 72834 ) on Tuesday April 06, 2021 @08:29AM (#61242212)

    Companies like Apple put a LOT of effort into preventing their devices from being repaired. It costs time and effort, both in man power and technology/manufacturing. ... And still, somehow, repair shops still manage to perform quite a lot of repairs, though perhaps a shrinking number of them.

    So, all that is required is for manufacturers to Stop spending so much money trying to stop their stuff from being repaired... both in the designs of the products and also the legal action taken and secrecy of the repair documents (which likely are needed anyway).

  • by RogueWarrior65 ( 678876 ) on Tuesday April 06, 2021 @01:51PM (#61243770)

    As an engineer, I understand wanting to fix my own equipment particularly at current repair labor rates. That said, if somebody "fixes" a product I design and manufacture, who then is liable when the "fixed" product injures someone? That aspect of this debate needs to be codified into law.

Marvelous! The super-user's going to boot me! What a finely tuned response to the situation!

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