Right to Repair...

D

Dean Hoffman

Guest
This article talks about John Deere and other manufacturers offering information to help owners fix their own equipment.
<https://prospect.org/power/rollups-big-tech-monopoly-down-on-the-farm/>
 
On 2/9/2022 3:13 PM, Dean Hoffman wrote:
This article talks about John Deere and other manufacturers offering information to help owners fix their own equipment.
https://prospect.org/power/rollups-big-tech-monopoly-down-on-the-farm/

\"But one major manufacturer has not budged. John Deere, the 180-year-old
maker of tractors and other agricultural equipment, still requires
proprietary software and tools to complete any repair, forcing farmers
to use its authorized dealers and technicians.\"

Sounds like management studied at the Volvo Institute
 
On Wed, 9 Feb 2022 12:13:09 -0800 (PST), Dean Hoffman
<deanh6929@gmail.com> wrote:

This article talks about John Deere and other manufacturers offering information to help owners fix their own equipment.
https://prospect.org/power/rollups-big-tech-monopoly-down-on-the-farm/

See <https://www.repair.org/>.

Deere figures prominently in the list of problem children.

Joe Gwinn
 
On 2/9/2022 2:45 PM, Joe Gwinn wrote:
On Wed, 9 Feb 2022 12:13:09 -0800 (PST), Dean Hoffman
deanh6929@gmail.com> wrote:

This article talks about John Deere and other manufacturers offering information to help owners fix their own equipment.
https://prospect.org/power/rollups-big-tech-monopoly-down-on-the-farm/

See <https://www.repair.org/>.

Deere figures prominently in the list of problem children.

Without more detailed information, it\'s hard to cast judgement.

Just how *much* should an owner/operator be able to do in
maintaining/repairing a product that they\'ve purchased (vs. leased)?

Surely, they should be able to repair/replace a flat tire.
Broken *mechanism*. Oil change/filter.

OTOH, should they be able to isolate a fault to a particular ECU?
Or, in the case of an obvious fault, repair at the *component*
level (vs. a board swap)?

And, if the device is designed as an *entity* -- instead of a bunch
of individual FRUs with predefined functionality -- then how
much assistance should the manufacturer be required to provide
in reintegrating that repaired/replaced subassembly/subsystem?

I suspect there will eventually be a secondary market developed
to replace \"proprietary\" modules/assemblies with aftermarket
offerings -- and legislation to facilitate such \"competition\".
So, a stubborn manufacturer may find himself (and his dealers
and technicians) dealt out of the loop.

[I suspect the lifespan of a megadollar bit of kit is considerably
longer than a few growing seasons so being deprived of \"maintenance
income\" for those long periods might pressure the dealers and
technicians to pressure the manufacturer -- *or* violate their
licenses with the manufacturer in order to remain viable]
 
Don WHY wrote:
=================
This article talks about John Deere and other manufacturers offering information to help owners fix their own equipment.
https://prospect.org/power/rollups-big-tech-monopoly-down-on-the-farm/

See <https://www.repair.org/>.

Deere figures prominently in the list of problem children.

Without more detailed information, it\'s hard to cast judgement.

** Plenty of detailed info available re Deere and their loaded game playing on u-tube and elsewhere.

Is looking at it too painful for a brainless POS like YOU ?
Is making wild guesses your *only* talent and joy ?
What a fucking asshole you are.




....... Phil
 
On 2/9/22 4:25 PM, Don Y wrote:
> Without more detailed information, it\'s hard to cast judgement.

Not really.

Either manufacturers are hostile towards people repairing their own
equipment or they are not.

Just how *much* should an owner/operator be able to do in
maintaining/repairing a product that they\'ve purchased (vs. leased)?

Anything they want to and have the capability to do so.

Surely, they should be able to repair/replace a flat tire.
Broken *mechanism*. Oil change/filter.

OTOH, should they be able to isolate a fault to a particular ECU?
Or, in the case of an obvious fault, repair at the *component* level
(vs. a board swap)?

Why shouldn\'t someone be able to repair an ECU if they have the
capability to do so?

Or asked another way, what is the justification to prevent a qualified
person from making the repair themselves?

And, if the device is designed as an *entity* -- instead of a
bunch of individual FRUs with predefined functionality -- then how
much assistance should the manufacturer be required to provide in
reintegrating that repaired/replaced subassembly/subsystem?

That\'s the quintessential warranty void sticker problem.

IMHO individuals should be able to acquire the same parts that
manufacturers make available to authorized repair centers. Similarly,
the same information should be made available.



--
Grant. . . .
unix || die
 
On Wed, 9 Feb 2022 18:04:58 -0700, Grant Taylor
<gtaylor@tnetconsulting.net> wrote:

On 2/9/22 4:25 PM, Don Y wrote:
Without more detailed information, it\'s hard to cast judgement.

Not really.

Either manufacturers are hostile towards people repairing their own
equipment or they are not.

Just how *much* should an owner/operator be able to do in
maintaining/repairing a product that they\'ve purchased (vs. leased)?

Anything they want to and have the capability to do so.

Surely, they should be able to repair/replace a flat tire.
Broken *mechanism*. Oil change/filter.

OTOH, should they be able to isolate a fault to a particular ECU?
Or, in the case of an obvious fault, repair at the *component* level
(vs. a board swap)?

Why shouldn\'t someone be able to repair an ECU if they have the
capability to do so?

Or asked another way, what is the justification to prevent a qualified
person from making the repair themselves?

So the manufacturer can charge 10x what the repair parts are worth,
and makes sure that nobody else can supply them.

The obvious defense is to buy tractors from someone else.

--

If a man will begin with certainties, he shall end with doubts,
but if he will be content to begin with doubts he shall end in certainties.
Francis Bacon
 
On 2/9/2022 6:04 PM, Grant Taylor wrote:
On 2/9/22 4:25 PM, Don Y wrote:
Without more detailed information, it\'s hard to cast judgement.

Not really.

Anyone who thinks Deere is THE problem is either naive or too stupid
to merit being called an idiot!

Either manufacturers are hostile towards people repairing their own equipment
or they are not.

How much should the design of the item be driven to make repair possible?
Should we ban the use of solvent welded cases? ASICs? Trade secret
*processes* (which may be essential to the fabrication of a functional
product)?

Don\'t you, the consumer, have the ability to BOYCOTT devices (and
manufacturers) that don\'t allow you the freedom you\'d like?
Shouldn\'t the manufacturer be able to boycott the consumers
that want to violate THEIR freedoms to innovate?

Just how *much* should an owner/operator be able to do in
maintaining/repairing a product that they\'ve purchased (vs. leased)?

Anything they want to and have the capability to do so.

So, all source code, schematics, components that are available to
the manufacturer should be available to the consumer, right?

Surely, they should be able to repair/replace a flat tire. Broken
*mechanism*. Oil change/filter.

OTOH, should they be able to isolate a fault to a particular ECU? Or, in the
case of an obvious fault, repair at the *component* level (vs. a board swap)?

Why shouldn\'t someone be able to repair an ECU if they have the capability to
do so?

You are free to retrieve the ECU from the vehicle and tinker away at
will with it. If you have the capability to repair it, you should
be able to do so, right? If your vehicle catches fire, don\'t be upset if
your insurance company declines your claim (and don\'t even think of suing
the manufacturer!)

What you\'re espousing is that the manufacturer should have to *enable*
you to make those repairs... that \"capability\" includes more than just your
innate skillset.

Or asked another way, what is the justification to prevent a qualified person
from making the repair themselves?

Go ahead and do so! But, why should the manufacturer have to facilitate that?
You can reverse engineer YOUR item and repair or upgrade it. (you likely
can\'t disseminate that information or profit from it, depending on license
terms).

I can deencapsulate chips and sort out what\'s inside to better understand
(or mimic) a particular design. I don\'t \"whine\" that the manufacturer
forced me to use that level of \"capability\" to do so!

What should the manufacturer\'s turn-around time be for \"spare parts\"?
Must he make them available to you \"overnight\"? (surely, you want to
minimize your down time) Should he be responsible for maintaining
a \"will call\" window so you can just drop in and pick up those items
to avoid shipping costs/delays?

I wrote a contract for a client, some years ago. The issue of \"spares\"
came up: \"what are the FRUs that should be available for purchase?\"
(note the issue of COST didn\'t even surface, at that point). We settled
on placing no constraints on what the client could *ask* for. But,
also placed no constraints on the price that could be charged or the
lead time!

If \"spares\" becomes an issue, then we likely need to revisit the
design to see WHY you need them!

And, if the device is designed as an *entity* -- instead of a bunch of
individual FRUs with predefined functionality -- then how much assistance
should the manufacturer be required to provide in reintegrating that
repaired/replaced subassembly/subsystem?

That\'s the quintessential warranty void sticker problem.

IMHO individuals should be able to acquire the same parts that manufacturers
make available to authorized repair centers. Similarly, the same information
should be made available.

So, the manufacturer does away with \"authorized repair centers\". Everything
is returned to the factory for repair. And, because EVERYTHING is being
processed in that one location, the backlog is even longer! Now, what leg
are you left standing on?

HP adopted the idea of replacing the entire printhead on their inkjets
instead of reinking. So, customers end up paying more for ink -- because they
have to buy a new printhead in the process! Some of their printers put all of
the \"value\" in a \"bag\" on the rear of the printer. No doubt, their \"service\"
procedure is: run standard tests; if fail, remove electronics from bag at rear
and discard remainder. Again, customers end up with a lower quality product
(effectively higher cost).

I\'ve seen companies sell \"chipped\" vials of distilled water (really? do
you think the hospital buying that device doesn\'t have a source of
distilled water available?). They can argue it is for \"quality control\"
(i.e., to ensure the accuracy of the results) but you\'ll note that
there\'s a helluva markup in that water! (and, no way around it)

What do you do when the device you \"purchased\" relies on a *service*... and
the manufacturer decides to no longer provide that service? Your device is
not \"broken\" -- it just doesn\'t work, anymore!

Should the manufacturer be forced to making available the \"parts/technology\"
necessary for re-establishing that service (from an alternate provider).

I\'ve watched *tens of millions* of pounds of eWaste intended for landfills
over the past two decades just \"discarded\" because some \"change\" has made
those items no longer usable (the 2GHz computer is too slow for the newer
OS -- which is required for the most recent APPLICATION updates; the smart
TV no longer supports the more modern codecs; a cap/FET in a power supply
has gone south; the magnetics required for the XY drivers are too costly, etc.)

These things *can* be fixed -- with relatively modest skillsets. But,
doing so *economically* (at least with the US wage structure) is just
not practical. \"Main board\" quits in your TV? Some guy will sell
you a \"pull\" (i.e., not even NOS!) for $100-200 -- plus a couple
hundred dollars for labor -- and give you a 30-90 day warranty
(likely only on the part, not the labor!). So, your $1000 TV cost
you $300-500 to repair. And, the guy is *so* confident in his
repair that he\'ll only give you 90 days \"peace of mind\".

Who the hell is going to go down that road?

We want items to cost less. And, never fail.

And, the guy who has no interest in repairing his devices doesn\'t
want to spend a dime (or any TIME) accommodating those who do!
(why do I have to pay more so someone else can repair theirs?)

In pharma, \"best practices\" have manufacturers making a lot of the
design/installation of their products available to the purchaser.
Much of this because of validation requirements. But, it also
affords some ability to do minor repairs (replace an Opto-22,
rewire the field, etc.).

OTOH, they\'re not going to let you tinker with the design of
the hardware or the software -- that\'s their IP and you are likely
not qualified to do so (it is relatively easy to design something
that far exceeds the ability of an *informed* user to understand
in its entirety -- do you want to go to the FDA and explain how your
modifications don\'t make the product less trustworthy?).

In gaming, tampering with the internals of a machine is likely
cause for dismissal -- and \"decertifying\" the machine.

These folks know the lay of the land and have baked that into their
business practices/costs.

Just like \"consumers\" plan on replacing their phones periodically.
Or, TVs. Or, cars. (c\'mon, damn near ANYONE can do an oil change;
why doesn\'t EVERYONE?)

Focusing on Deere is folly. The 2 million farmers in the US represent
a prominent \"special interest\". But, the other 330 million citizens
are similarly burdened and lack that megaphone.

How keen would *you* be to open your design to the *few* who will
\"save\" from your efforts? What if the farmer -- not some UNauthorized
agent -- was required to make the repair? How vocal would he be in
requiring this information? (he\'s objecting to the stranglehold
Deere has on \"repair centers\")
 
On 2/9/22 7:00 PM, Don Y wrote:
How much should the design of the item be driven to make repair
possible? Should we ban the use of solvent welded cases? ASICs?
Trade secret *processes* (which may be essential to the fabrication
of a functional product)?

Those are legitimate questions.

Questions which are independent of of owners having access to the same
parts and documentation that repair technicians have access to.

Don\'t you, the consumer, have the ability to BOYCOTT devices
(and manufacturers) that don\'t allow you the freedom you\'d like?

Not all options are even remotely equal. Take internet connectivity in
many places in the U.S.A. You can have cable internet that\'s upwards of
ten times the speed of DSL internet which is itself tens of times faster
than dial up internet. As such, the choices aren\'t remotely comparable.

Shouldn\'t the manufacturer be able to boycott the consumers that want
to violate THEIR freedoms to innovate?

I don\'t think so.

They may want to not sell to the reverse engineer. But I believe they
are required to treat all customers equally. So sell it to everybody,
including the reverse engineer, or nobody.

So, all source code, schematics, components that are available to
the manufacturer should be available to the consumer, right?

No.

There is a huge difference in what\'s available to the manufacturer vs
what\'s available to authorized repair technicians. Repair technicians
don\'t have source code or custom chip schematics.

You are free to retrieve the ECU from the vehicle and tinker away at
will with it. If you have the capability to repair it, you should be
able to do so, right?

Yes.

If your vehicle catches fire, don\'t be upset if your insurance company
declines your claim

It depends what components are involved. My hacking of the infotainment
system doesn\'t have anything to do with a manufacturing defect causing
the wheels to fall off.

> (and don\'t even think of suing the manufacturer!)

I\'ll sue the manufacturer for the faulty wheel design.

I\'ll also defend what I did / didn\'t change in court if I need to.
Desoldering components from the stereo head unit face plate and
soldering them onto a custom face plate to fit in a custom dash is
independent of software bugs that cause bad radio data to brick the
infotainment system.

What you\'re espousing is that the manufacturer should have to *enable*
you to make those repairs... that \"capability\" includes more than
just your innate skillset.

No, I am not espousing that the manufacturer enable anything differently
than they are doing already.

The manufacturer is already either making things possible for authorized
technicians to repair things, or they are not.

I\'m espousing that I should have access to the same things that the
authorized technician has access to.

I\'m not saying what is field serviceable and what is not. That\'s still
up to the manufacturer.

Go ahead and do so! But, why should the manufacturer have to
facilitate that?

See above.

I\'m not asking the manufacturer to facilitate anything that they aren\'t
already doing.

You can reverse engineer YOUR item and repair or upgrade it.
(you likely can\'t disseminate that information or profit from it,
depending on license terms).

I can deencapsulate chips and sort out what\'s inside to better
understand (or mimic) a particular design. I don\'t \"whine\" that the
manufacturer forced me to use that level of \"capability\" to do so!

What should the manufacturer\'s turn-around time be for \"spare parts\"?
Must he make them available to you \"overnight\"? (surely, you want to
minimize your down time) Should he be responsible for maintaining a
\"will call\" window so you can just drop in and pick up those items
to avoid shipping costs/delays?

Treat the dealers and end users as a single line of consumers and
prioritize based on volume of parts sales.

What\'s the difference in the manufacturer shipping a part to a
dealership vs my house? Assuming that the recipient is paying for the
part and the expedited shipping.

I wrote a contract for a client, some years ago. The issue of
\"spares\" came up: \"what are the FRUs that should be available
for purchase?\" (note the issue of COST didn\'t even surface, at
that point). We settled on placing no constraints on what the client
could *ask* for. But, also placed no constraints on the price that
could be charged or the lead time!

That seems perfectly reasonable to me.

If \"spares\" becomes an issue, then we likely need to revisit the
design to see WHY you need them!

You can ask me. I may tell you the truth. I may say \"because I / my
boss want them\". I may not tell you. Maybe I\'m choosing to use them as
targets at the shooting range or as a boat anchor. Why do you care if
I\'m paying you for the parts?

> So, the manufacturer does away with \"authorized repair centers\".

Nope. I never said nor implied that.

> Everything is returned to the factory for repair.

The factory is effectively a really big authorized repair center. It
doesn\'t matter /where/ the authorized technicians are located or who
employs them. Someone has access to parts and directions to repair
them. Those parts and directions should be available to anybody that
wants them.

Independent of cost and lead time.

And, because EVERYTHING is being processed in that one location,
the backlog is even longer! Now, what leg are you left standing on?

The same one pointing to the authorized technicians.

HP adopted the idea of replacing the entire printhead on their inkjets
instead of reinking. So, customers end up paying more for ink --
because they have to buy a new printhead in the process! Some of
their printers put all of the \"value\" in a \"bag\" on the rear of the
printer. No doubt, their \"service\" procedure is: run standard tests;
if fail, remove electronics from bag at rear and discard remainder.
Again, customers end up with a lower quality product (effectively
higher cost).

And yet I\'ve seen people successfully refill HP ink jet cartridges.

I\'ve seen companies sell \"chipped\" vials of distilled water (really?
do you think the hospital buying that device doesn\'t have a source
of distilled water available?). They can argue it is for \"quality
control\" (i.e., to ensure the accuracy of the results) but you\'ll note
that there\'s a helluva markup in that water! (and, no way around it)

What do you do when the device you \"purchased\" relies on a
*service*... and the manufacturer decides to no longer provide that
service? Your device is not \"broken\" -- it just doesn\'t work, anymore!

I avoid those types of devices like my life depended on doing so and I
recommend that friends and colleagues do the same.

Should the manufacturer be forced to making available the
\"parts/technology\" necessary for re-establishing that service (from
an alternate provider).

They should make the same thing available to the end user that is
available to authorized technicians.

I\'ve watched *tens of millions* of pounds of eWaste intended for
landfills over the past two decades just \"discarded\" because some
\"change\" has made those items no longer usable (the 2GHz computer is
too slow for the newer OS -- which is required for the most recent
APPLICATION updates; the smart TV no longer supports the more modern
codecs; a cap/FET in a power supply has gone south; the magnetics
required for the XY drivers are too costly, etc.)

These things *can* be fixed -- with relatively modest skillsets.

I absolutely agree with that statement.

But, doing so *economically* (at least with the US wage structure)
is just not practical.

That is a symptom of a different problem. A problem that I think is
exacerbated by manufacturers refusing to make parts and manuals
available to end users that are already available to authorized technicians.

\"Main board\" quits in your TV? Some guy will sell you a \"pull\" (i.e.,
not even NOS!) for $100-200 -- plus a couple hundred dollars for
labor -- and give you a 30-90 day warranty (likely only on the part,
not the labor!). So, your $1000 TV cost you $300-500 to repair.
And, the guy is *so* confident in his repair that he\'ll only give
you 90 days \"peace of mind\".


> Who the hell is going to go down that road?

I have, multiple times.

I know multiple other people that have done so too.

Some of us will buy a \"for parts\" unit that has obvious damage in an
unrelated component. E.g. the back light is out on the TV but the
picture is still visible. Then do the pull and the push ourselves.

> We want items to cost less. And, never fail.

I don\'t mind if some items cost some higher amount. I have a realistic
understanding that things fail.

And, the guy who has no interest in repairing his devices doesn\'t
want to spend a dime (or any TIME) accommodating those who do!

I\'m not asking him to.

> (why do I have to pay more so someone else can repair theirs?)

You don\'t have to pay more so someone else can repair theirs.

You /may/ have to pay more because the manufacturer made some changes
and is passing the cost on to you. -- The /manufacturer/ made a
decision to do something. Why the manufacturer made that decision
doesn\'t matter. Either you will pay the manufacturer\'s price, or you
won\'t. It\'s your choice.

In pharma, \"best practices\" have manufacturers making a lot of the
design/installation of their products available to the purchaser.
Much of this because of validation requirements. But, it also affords
some ability to do minor repairs (replace an Opto-22, rewire the
field, etc.).

And that seems to have worked out well in my opinion.

OTOH, they\'re not going to let you tinker with the design of the
hardware or the software

They are going to have to try really hard to physically stop me.
Especially when I have the thing in my possession.

> that\'s their IP

Intellectual property has very little standing at stopping me from
drilling out rivets.

> and you are likely not qualified to do so

People do things all the time that they aren\'t qualified to do. The
lack of qualification doesn\'t stop them.

(it is relatively easy to design something that far exceeds the
ability of an *informed* user to understand in its entirety

I don\'t need to understand something in it\'s entirety to replace a power
supply.

It behooves me to understand the part that I\'m messing with.

do you want to go to the FDA and explain how your modifications don\'t
make the product less trustworthy?).

It depends what the thing is and what I\'ve done to it.

There\'s also the very likely fact that I\'m not trying to peddle my
modified version, much less with any warranty or guarantee.

In gaming, tampering with the internals of a machine is likely cause
for dismissal -- and \"decertifying\" the machine.

Yes.

Certification is it\'s own special thing.

I\'m free to purchase a slot machine and mess with it in my house so that
I always win if I want to. I can\'t get that slot machine certified for
use in a casino.

These folks know the lay of the land and have baked that into their
business practices/costs.

Yes, manufacturers know what they have been able to get away with and
likely will be able to continue getting away with and some of them make
decisions that are hostile to their end users. That\'s their choice.
But exercising that choice seriously calls into question their morality.

Just like \"consumers\" plan on replacing their phones periodically.
Or, TVs. Or, cars. (c\'mon, damn near ANYONE can do an oil change;
why doesn\'t EVERYONE?)

It\'s \"Right to Repair\", not \"Requirement to Repair\". The right to do
something does not mean that you must do it.

Also, \"damn near\" is far from an absolute.

Focusing on Deere is folly. The 2 million farmers in the US represent
a prominent \"special interest\". But, the other 330 million citizens
are similarly burdened and lack that megaphone.

I believe everything that I\'ve said is vendor agnostic.

There is also a significant difference in the price of the items the 2
million farmers are interested in vs most of 33 million citizens.

> How keen would *you* be to open your design

Again, I\'m not advocating for the design to be opened or altered in any
way, shape, or form.

I am advocating for the existing design to stay as is and for the
existing repair documentation / tools that are already available to
authorized technicians to be available to my neighbor.

The root of my stance is equality between the authorized technicians and
the general public who wish to repair things themselves.

If the repair process requires a $333 tool to remove part of the dash
board, and anybody that wants the tool can buy the tool, then okay.

The equality, as in the availability of the existing tools and existing
documentation, is the most important thing.

The local car dealership isn\'t going to troubleshoot a component level
failure in your car\'s CPU. They will replace the CPU module. They will
follow manufacturer provided directions on how to remove, replace, and
re-configure it. Some newer CPUs will need to be paired with other
components in the car.

to the *few* who will \"save\" from your efforts? What if the farmer
-- not some UNauthorized agent -- was required to make the repair?
How vocal would he be in requiring this information? (he\'s objecting
to the stranglehold Deere has on \"repair centers\")

Again, a right to do something is significantly different from
requirement to do something.

Miranda Rights informed people of their right to silence (read: to shut
up and not incriminate themselves). They do not /require/ people to be
silent.

I have the right to walk into my backyard naked as the day I was born.
I am definitely not required to do so when I take the puppy outside at
03:00 to go to the bathroom.



--
Grant. . . .
unix || die
 
On Wednesday, February 9, 2022 at 6:45:25 PM UTC-5, palli...@gmail.com wrote:
Don WHY wrote:
=================

This article talks about John Deere and other manufacturers offering information to help owners fix their own equipment.
https://prospect.org/power/rollups-big-tech-monopoly-down-on-the-farm/

See <https://www.repair.org/>.

Deere figures prominently in the list of problem children.

Without more detailed information, it\'s hard to cast judgement.
** Plenty of detailed info available re Deere and their loaded game playing on u-tube and elsewhere.

Is looking at it too painful for a brainless POS like YOU ?
Is making wild guesses your *only* talent and joy ?
What a fucking asshole you are.

And this is
...... Phil
on a good day!

--

Rick C.

- Get 1,000 miles of free Supercharging
- Tesla referral code - https://ts.la/richard11209
 
On Wednesday, February 9, 2022 at 6:25:54 PM UTC-5, Don Y wrote:
On 2/9/2022 2:45 PM, Joe Gwinn wrote:
On Wed, 9 Feb 2022 12:13:09 -0800 (PST), Dean Hoffman
dean...@gmail.com> wrote:

This article talks about John Deere and other manufacturers offering information to help owners fix their own equipment.
https://prospect.org/power/rollups-big-tech-monopoly-down-on-the-farm/

See <https://www.repair.org/>.

Deere figures prominently in the list of problem children.
Without more detailed information, it\'s hard to cast judgement.

Just how *much* should an owner/operator be able to do in
maintaining/repairing a product that they\'ve purchased (vs. leased)?

Surely, they should be able to repair/replace a flat tire.
Broken *mechanism*. Oil change/filter.

OTOH, should they be able to isolate a fault to a particular ECU?
Or, in the case of an obvious fault, repair at the *component*
level (vs. a board swap)?

And, if the device is designed as an *entity* -- instead of a bunch
of individual FRUs with predefined functionality -- then how
much assistance should the manufacturer be required to provide
in reintegrating that repaired/replaced subassembly/subsystem?

I suspect there will eventually be a secondary market developed
to replace \"proprietary\" modules/assemblies with aftermarket
offerings -- and legislation to facilitate such \"competition\".
So, a stubborn manufacturer may find himself (and his dealers
and technicians) dealt out of the loop.

[I suspect the lifespan of a megadollar bit of kit is considerably
longer than a few growing seasons so being deprived of \"maintenance
income\" for those long periods might pressure the dealers and
technicians to pressure the manufacturer -- *or* violate their
licenses with the manufacturer in order to remain viable]

You suspect a lot and seem to have looked for little information. On of the major clubs Deere uses is to prevent any repairs involving board swaps because they have copyrighted firmware on them. Yup, the DMCA in action!

Deere is a major Dickc when it comes to repair. They want to crush the secondary market for parts just as they want to prevent users from doing any of the work.

--

Rick C.

+ Get 1,000 miles of free Supercharging
+ Tesla referral code - https://ts.la/richard11209
 
Grant Taylor wrote:
==================
I am advocating for the existing design to stay as is and for the
existing repair documentation / tools that are already available to
authorized technicians to be available to my neighbor.

The root of my stance is equality between the authorized technicians and
the general public who wish to repair things themselves.

** You omit an important third player.

The \"non authorized\" repair business whom Deere is trying to cancel.
Owners have every right to chose them in preference to participants in a company run MONOPOLY on service.

Right to Repair = free competition on repair work and all the benefits that owners will derive from same.

Authorized repairers are needed for warranty work, done free.
Typically they make little money from this.

However, what they *want* is to monopolize all later, out of warranty work and charge like a wounded bull.
Having the factory refuse to supply their competition is the key to this scam.

Goes on here in Australia with electronic items - but is illegal under our consumer laws.
Dumb excuses include:

1. The part is out of stock - permanently.
2. The manual or schematic is covered by copyright.
3. You need to pay up front and it will take 6 months to get.
4. You are not equipped to do such high tech repairs.
5. You operate too close to one of our repair agents.

etc ad nauseam....


...... Phil
 
On Wednesday, February 9, 2022 at 5:10:16 PM UTC-8, John Larkin wrote:
On Wed, 9 Feb 2022 18:04:58 -0700, Grant Taylor
gta...@tnetconsulting.net> wrote:

Or asked another way, what is the justification to prevent a qualified
person from making the repair themselves?
So the manufacturer can charge 10x what the repair parts are worth,
and makes sure that nobody else can supply them.

The obvious defense is to buy tractors from someone else.

Obvious, but only AFTER you bought THESE tractors.
The Deere folk probably charge for training/licensing their
\'authorized\' folk, and without pay-in-advance and a year\'s financial
commitment to being authorized, they\'re going to claim that
the owners oughtn\'t repair their wonderful machines.
The \'licensing\' of software required for restarting the repaired units is
just a legal dodge to make this a contractual issue instead of an improper
restraint of trade.

It amounts to a restraint of trade by suppliers who are too big to be boycotted.
Authorized repair agents in your neighborhood means dealers who do warranty
repair and are are therefore tethered to the large manufacturer anyhow.
Owners, who aren\'t on a leash, aren\'t welcome.
 
On 2/9/2022 11:51 PM, whit3rd wrote:
On Wednesday, February 9, 2022 at 5:10:16 PM UTC-8, John Larkin wrote:
On Wed, 9 Feb 2022 18:04:58 -0700, Grant Taylor
gta...@tnetconsulting.net> wrote:

Or asked another way, what is the justification to prevent a qualified
person from making the repair themselves?
So the manufacturer can charge 10x what the repair parts are worth,
and makes sure that nobody else can supply them.

The obvious defense is to buy tractors from someone else.

Obvious, but only AFTER you bought THESE tractors.

Or, talked to a fellow farmer (in the case of tractors) who\'s bought one.
Presumably, consumers aren\'t complete idiots! Especially with big ticket
items!

The Deere folk probably charge for training/licensing their
\'authorized\' folk, and without pay-in-advance and a year\'s financial
commitment to being authorized, they\'re going to claim that
the owners oughtn\'t repair their wonderful machines.

I\'m sure the \"owners\" aren\'t interested in making the repairs.
They, instead, want other \"non-affiliated\" vendors to be able
to compete with the \"authorized repair centers\" -- presumably at
a lower price.

Note that the manufacturer also has a reputation to defend. People
talking about problems they\'ve had (with \"off-brand\" repairs) can
harm that reputation (are you likely to preface your description of
your experience with \"I hired some non-authorized repair center to
make this repair, much to my chagrin\"? Will your audience hear that
and attribute your problems to the repair center? Or, to the
*product* being repaired?)

The \'licensing\' of software required for restarting the repaired units is
just a legal dodge to make this a contractual issue instead of an improper
restraint of trade.

But not illegal. Is it illegal to inflate the cost of a drug 1000%?
Or, just immoral?

> It amounts to a restraint of trade by suppliers who are too big to be boycotted.

Or, who have a product that excels in some manner over the competition.
If you want a Harley, you *wait* for whatever delivery time the factory
quotes. And, have less leverage wrt price.

If you want a Jap bike, you likely have a different experience!

Authorized repair agents in your neighborhood means dealers who do warranty
repair and are are therefore tethered to the large manufacturer anyhow.
Owners, who aren\'t on a leash, aren\'t welcome.

Again, owners don\'t necessarily want to make the repairs. They just don\'t
want to be reliant on the authorized repair center (who KNOWS they have an
exclusive arrangement in their territory) yet want to be able to benefit
from the features, reliability, etc. of the product!

If I want to buy a Lexus, I have one choice of dealership, locally. Should
we legislate that ever car manufacturer have at least two dealerships (owned
by separate entities) in every metropolitan area? To keep prices down?

[Buy a Kubota tractor, instead! It\'s not like Deere (or Apple or Google or...)
have a monopoly! Your problem is *wanting* the Deere (or iPhone, etc.) and
resenting some of the other issues that are consequential to it\'s purchase]
 
On 2/9/2022 8:30 PM, Grant Taylor wrote:
On 2/9/22 7:00 PM, Don Y wrote:
How much should the design of the item be driven to make repair possible?
Should we ban the use of solvent welded cases? ASICs? Trade secret
*processes* (which may be essential to the fabrication of a functional product)?

Those are legitimate questions.

Questions which are independent of of owners having access to the same parts
and documentation that repair technicians have access to.

This is the crux of your argument, throughout. So, I\'ll address it in one
place.

If you write legislation to that effect, a manufacturer sidesteps it by
purchasing all of the \"authorized repair centers\" so they are now *part*
of the manufacturer\'s organization.

Or, simply shedding that \"network\" entirely.

[Of course, those authorized repair centers can likely sue for the \"harm\"
incurred -- they previously had something of value (exclusive repair
rights in their territory) and have been deprived of that.]

Or, changing the parts/jigs/documentation that it makes available to them
(likely, these are \"Property of Manufacturer\" and not the service center
so reclaiming them is legally possible)

[Detroit has extensive documentation regarding the internal settings of
their various ECUs. I suspect much of that isn\'t made available to
dealers -- because the dealer has no need to make many of those tweeks!
They are available -- under the table -- to folks who customize \"crate
engines\" for, e.g., racing... where, e.g., you may want to change the
timing profile wrt engine RPM, etc. to optimize power output in a certain
range. CT had a law on the books that required manufacturers to
make available *schematics* for their products. See how far you get
claiming that as your *right* as a consumer!]

If you claim the manufacturer is now an \"authorized repair center\",
does he have to make available all of his staff that might be *consulted*
by the folks actually doing the repairs? E.g., if a tech makes an ask
of the design engineer on a product, should Billy Bob\'s Tractor Shop
have access to that same tech/resource? Is \"staff\" different from
\"documents\"? Aren\'t they both \"reference materials\"? \"On page 27
of the manual, it says \'Consult Engineering\'\" What a great way
to lower the cost of that profit center! :>

What if the manufacturer starts treating FRUs as disposable items?
After all, it\'s YOU who will be paying the replacement price, not them!
Now, do you require the manufacturer to make available to the customer
all of their MANUFACTURING DOCUMENTS, jigs, etc.?

Or, requiring units to be returned for repair/replacement?

Or, charging outrageous prices for parts (that you can\'t source
anywhere else!)

[We charged $2000 for an ASIC used in an arcade piece. The entire
GAME could be purchased for $2000! (so, silly to charge MORE than
that for the chip!)]

Or, not offering *any* repair parts! There is nothing that says
a manufacturer must *remain* in a business -- or business segment.
Then what do you do? Hope someone else makes a copycat product?

[We sold a product that relied on a $5K license from another vendor.
Vendor stopped making that license available. What recourse do we
have? Can we FORCE him to sell us another license? Or, does *he*
have control over his sales policies??]

If the manufacturer considered \"locking things down\" to be essential to
its business plan, you can bet their lobbyists (pre-legislation) and
lawyers (post-legislation) will have sorted out how to maintain this
capability. Things might be different in the EU but the US favors
unbridled capitalism. There\'s nothing FORCING the user to buy THAT
particular product! If you were foolish enough (or desperate enough)
to make that decision, then that\'s *your* problem. \"Want a time-share
in Miami?\"

\"If we reincorporate in MX, are we still subject to these requirements?

Are none of the countries that export to the US market immune? Will
there be linguists proofing Chinese documents to verify they are
comprehensible after translation into English? Will they also have
to make available Spanish language versions?? What liability for the
accuracy of those documents?

Or, developing new products where part of the product is *licensed*
(not sold) to the user. (who owns the battery in your EV?) There
are no user serviceable parts within -- return to factory for repair
or replacement (all the service center could do is forward your
component to the factory)

SWMBO\'s vehicle came with a trial Sirius license. Did we end up having
to pay for some hardware in the vehicle even though we never bought a
subscription?

Likewise, it came with real-time traffic monitoring, for a few years.
Wanna bet that this vehicle is still providing data to that service
to report on traffic conditions where we are driving? Were we
compensated for this, in any way? What happens if I short out
the antenna so the car can\'t phone home?? Do I have the *right*
to do that? Even if some other aspect of the vehicle stops working??

Legislation may \"level the playing field\" (between authorized repair centers
and \"others\") -- but, at a level that is more costly to the end user than
it is, presently! The authorized repair center won\'t care if they have
to pay more for parts/services -- they will just be passing those costs
on to the consumer, just like the *unauthorized* repair centers.

So, the $1000 part with $200 of labor isn\'t much cheaper than the
$1000 part from the \"unauthorized service center\" with the $50
*discounted* labor! Gee, look at how much better this is over that
$600 repair, previously!

Increasingly, manufacturers want to cling to customers AFTER the sale.
Whether that is through repairs, services or \"other\" (e.g., upgrades).
Weening them of this idea is likely going to be tough. Do you write
legislation so all Nest products *retain* their functionality even if
Google abandons that market? What if Google spins off that business
unit and then kills it? Should a manufacturer be required to fix
a design flaw in a product -- even if it\'s \"just software\"? Should
I be able to get software updates for every such appliance for N years
after purchase?

And, most consumers seem to just go along with these new policies
without a whimper.
\"Want access to my personal data, for free? OK\"
\"Want to *rent* me music? OK\"
\"Want to peek at my credit score before disclosing it to me? OK\"
The classic role of The Market is a give-and-take between suppliers
and consumers. If the market\'s \"price\" is too high, you go elsewhere.

Europe has a different approach.

But, if a supplier has an exclusive product and you *want* it, then
they have you by the balls.

I have the right to walk into my backyard naked as the day I was born. I am
definitely not required to do so when I take the puppy outside at 03:00 to go
to the bathroom.

No, you only have that \"right\" if your back yard is secluded. We\'ve had folks
prosecuted for doing otherwise, here. (I make a point of always being able to
claim I am no more \"exposed\" than if I was swimming in a backyard pool. And,
certainly less exposed than many women/girls parade around \"in public\"! :-/ )
 
John Larkin wrote:
On Wed, 9 Feb 2022 18:04:58 -0700, Grant Taylor
gtaylor@tnetconsulting.net> wrote:

On 2/9/22 4:25 PM, Don Y wrote:
Without more detailed information, it\'s hard to cast judgement.

Not really.

Either manufacturers are hostile towards people repairing their own
equipment or they are not.

Just how *much* should an owner/operator be able to do in
maintaining/repairing a product that they\'ve purchased (vs. leased)?

Anything they want to and have the capability to do so.

Surely, they should be able to repair/replace a flat tire.
Broken *mechanism*. Oil change/filter.

OTOH, should they be able to isolate a fault to a particular ECU?
Or, in the case of an obvious fault, repair at the *component* level
(vs. a board swap)?

Why shouldn\'t someone be able to repair an ECU if they have the
capability to do so?

Or asked another way, what is the justification to prevent a qualified
person from making the repair themselves?

So the manufacturer can charge 10x what the repair parts are worth,
and makes sure that nobody else can supply them.

The obvious defense is to buy tractors from someone else.

Part of the issue from the manufacturer\'s side is the enormously
intrusive regulatory environment, that they fear will make them liable
for other people\'s bodges and screwups.

For instance, the EPA has forced diesel tractors and harvesters to
comply with Tier 4 emissions regulations, even though (a) there\'s
significantly increased risk to life and limb from fires resulting from
the far higher exhaust system temperatures; and (b) they\'re out in the
middle of nowhere, not in Manhattan.

(I work with a fire control company that has to cope with that stuff.)

In general I\'d like to see the law amended to make clear the limits of
the manufacturers\' liability for other people\'s repairs and
modifications. Some of those harvesters cost nearly a million bucks apiece.

Cheers

Phil Hobbs

--
Dr Philip C D Hobbs
Principal Consultant
ElectroOptical Innovations LLC / Hobbs ElectroOptics
Optics, Electro-optics, Photonics, Analog Electronics
Briarcliff Manor NY 10510

http://electrooptical.net
http://hobbs-eo.com
 
On 2/10/22 12:49 AM, Don Y wrote:
If you write legislation to that effect, a manufacturer sidesteps it
by purchasing all of the \"authorized repair centers\" so they are now
*part* of the manufacturer\'s organization.

I believe I spoke to -- what I\'ll call -- in-housing repairs to the
manufacturer.

In short, all people, trained or otherwise, employed by the manufacturer
or otherwise, should have the same opportunities to parts /
documentation / tools.

Or, changing the parts/jigs/documentation that it makes available
to them (likely, these are \"Property of Manufacturer\" and not the
service center so reclaiming them is legally possible)

The manufacturer has the prerogative to change something frequently so
that the old thing will no longer work.

If service technicians have access to it, lay people should have access
to it too.

> If you claim the manufacturer is now an \"authorized repair center\",

I do.

does he have to make available all of his staff that might be
*consulted* by the folks actually doing the repairs?

Staff is decidedly not part of my aforementioned list of parts /
documentation / tools.

E.g., if a tech makes an ask of the design engineer on a product,
should Billy Bob\'s Tractor Shop have access to that same tech/resource?

Tech as in technician, no. Resource as in document, yes.

I could see a business case for staff to provide consulting or training
at an hourly rate.

> Is \"staff\" different from \"documents\"?

Absolutely.

Aren\'t they both \"reference materials\"? \"On page 27 of the manual,
it says \'Consult Engineering\'\" What a great way to lower the cost of
that profit center! :

I would call that a bad document.

However said bad document should be made available to authorized
technicians as well as do it yourselfers.

I think there is also an opportunity for a class action lawsuit if the
manufacturer purposely starts updating all documents to be \'Consult
Engineering\' type.

> What if the manufacturer starts treating FRUs as disposable items?

That doesn\'t change anything in my opinion.

After all, it\'s YOU who will be paying the replacement price, not them!
Now, do you require the manufacturer to make available to the customer
all of their MANUFACTURING DOCUMENTS, jigs, etc.?

Manufacturing is decidedly different than service / repair.

Since I\'m discussing service / repair, that means that manufacturing is
out of scope to me.

> Or, requiring units to be returned for repair/replacement?

If the (in-house) authorized technicians are also required to return the
units for repair / replacement, then so be it.

Again, this is a slippery slope that would likely end up in a class
action lawsuit.

There would probably have to be strict division between the authorized
technicians that take components out of the larger unit, ship them off
to the manufacturer (down the hall), and install the new / repaired
component.

Do it yourselfers should also be able to ship components off to the
manufacturer (across town), and install the new / repaired component.

Or, charging outrageous prices for parts (that you can\'t source
anywhere else!)

How is that different than we have now?

Also, as long as it\'s the same for authorized technicians and do it
yourselfers, then so be it.

[We charged $2000 for an ASIC used in an arcade piece. The entire
GAME could be purchased for $2000! (so, silly to charge MORE than
that for the chip!)]

I would be very careful doing something like that. That seems to be
opening yourself up for a lawsuit.

Or, not offering *any* repair parts! There is nothing that says
a manufacturer must *remain* in a business -- or business segment.

I agree. Despite my dislike for it.

Then what do you do? Hope someone else makes a copycat product?

[We sold a product that relied on a $5K license from another vendor.
Vendor stopped making that license available. What recourse do we
have?

Probably not very many. Almost certainly not any good ones.

> Can we FORCE him to sell us another license?

Nope.

> Or, does *he* have control over his sales policies??]

Yes.

The same availability apply equally to both authorized technicians and
do it yourselfers.

If the manufacturer considered \"locking things down\" to be essential
to its business plan, you can bet their lobbyists (pre-legislation)
and lawyers (post-legislation) will have sorted out how to maintain
this capability.

Maybe. Maybe not.

I\'d bet that they have a plan. Only time will tell if that plan will
hold up.

Things might be different in the EU but the US favors unbridled
capitalism.

I\'m routinely depressed if not distressed by this fact.

> There\'s nothing FORCING the user to buy THAT particular product!

Nope. Yes there is. And it depends.

See my comments about cable internet vs DSL vs dial-up elsewhere in this
thread.

If you were foolish enough (or desperate enough) to make that decision,
then that\'s *your* problem. \"Want a time-share in Miami?\"
This seems to be the purview of class action lawsuits, especially if
there is evidence that the manufacturer exploited a (monopolistic)
market advantage to coerce consumers to buy their product.

> \"If we reincorporate in MX, are we still subject to these requirements?

I would counter with how are you doing business in country without an
established point of presence?

I would argue that any parts / documentation / tools that you make
available to authorized technicians in country must be made available to
do it yourselfers in country.

I dislike the idea of no in country repair centers. But that\'s an issue
that\'s outside of what I consider to be right to repair.

> Are none of the countries that export to the US market immune?

My opinion is that all countries should be treated the same. Sadly, I
expect politicians will have different ideas.

Will there be linguists proofing Chinese documents to verify they
are comprehensible after translation into English? Will they also
have to make available Spanish language versions?? What liability
for the accuracy of those documents?

That\'s immaterial to my stance. The existing parts / documents / tools
available to authorized technicians, whatever quality they are, should
be made available to everybody.

If someone has to translate a document from one language to make use of
it, that\'s on them as the user of said document.

Or, developing new products where part of the product is *licensed*
(not sold) to the user. (who owns the battery in your EV?)

That\'s a different issue.

There are no user serviceable parts within -- return to factory for
repair or replacement (all the service center could do is forward
your component to the factory)

That\'s a farce in my opinion.

If there are authorized technicians, possibly located in the factory, in
this country then the parts / documents / tools that they have access to
should be made available to do it yourselfers.

SWMBO\'s vehicle came with a trial Sirius license. Did we end up
having to pay for some hardware in the vehicle even though we never
bought a subscription?

You purchased what the manufacturer sold to you. If you didn\'t use all
of the capabilities of it, that\'s on you.

Likewise, it came with real-time traffic monitoring, for a few years.
Wanna bet that this vehicle is still providing data to that service to
report on traffic conditions where we are driving?

Maybe. There are privacy concerns that cause me to not say probably.

> Were we compensated for this, in any way?

That\'s out of the scope of right to repair.

> What happens if I short out the antenna so the car can\'t phone home??

I don\'t know.

Try it and find out.

> Do I have the *right* to do that?

Right to repair is the union of a right and repairing something. So I
think \"repair\" is extremely germane. There\'s a good chance that
\"repair\" will only extend to as designed and constructed by the
manufacturer.

As such, altering the design / operation contrary to the manufacturer\'s
intent probably doesn\'t qualify as \"repair\".

Now we get into do you actually /own/ the vehicle? Or is there some
form of lease like you were alluding to?

If you /own/ the vehicle, then I think you have the right to do just
about anything you want to, including altering it from the original
manufacturer\'s intention. Possibly by disabling the ability to report
traffic information.

> Even if some other aspect of the vehicle stops working??

If you completely own it, sure. If you don\'t completely own it, then
things get murky really fast.

Legislation may \"level the playing field\" (between authorized repair
centers and \"others\") -- but, at a level that is more costly to the
end user than it is, presently! The authorized repair center won\'t
care if they have to pay more for parts/services -- they will just be
passing those costs on to the consumer, just like the *unauthorized*
repair centers.

I question the veracity of that statement and believe that it opens
manufacturers up to class action lawsuits.

So, the $1000 part with $200 of labor isn\'t much cheaper than the $1000
part from the \"unauthorized service center\" with the $50 *discounted*
labor! Gee, look at how much better this is over that $600 repair,
previously!

One of the first things that the manufacturer will have to defend is why
something that used to cost $600 now costs $1000. They had better have
a VERY good explanation. Lest they be guilty of what is effectively
price gouging.

Increasingly, manufacturers want to cling to customers AFTER the sale.
Whether that is through repairs, services or \"other\" (e.g., upgrades).
Weening them of this idea is likely going to be tough.

The best way I\'ve found / heard of to retain customers, is to provide
them with value, even if it\'s only a perception.

I know many people that will pay a higher price for parts & service from
a dealership if they feel value from and like they can trust the dealership.

Do you write legislation so all Nest products *retain* their
functionality even if Google abandons that market?

Nope.

You write legislation that 1) clearly explains that the hardware is
dependent on a subscription service and 2 that said subscription service
will be available for (at least) a specified amount of time (be it X
number of months / years or until Y date).

> What if Google spins off that business unit and then kills it?

Google has the right to do that as a business as long as it\'s beholden
to the second clause above.

Failure to do that falls back on traditional breach of contract problems
and solutions.

Should a manufacturer be required to fix a design flaw in a product
-- even if it\'s \"just software\"? Should I be able to get software
updates for every such appliance for N years after purchase?

I have heard discussion about legislation for both of these very things.

And, most consumers seem to just go along with these new policies
without a whimper.
   \"Want access to my personal data, for free?  OK\"
   \"Want to *rent* me music?  OK\"
\"Want to peek at my credit score before disclosing it to me? OK\"

There is a derogatory term for this, \"sheeple\".

There also various legal actions afoot related to this.

The classic role of The Market is a give-and-take between suppliers
and consumers.

Yes. I give you money and I take the product to do with it what I please.

> If the market\'s \"price\" is too high, you go elsewhere.

Baring monopolistic complications, agreed.



--
Grant. . . .
unix || die
 
On 2/9/22 11:06 PM, Phil Allison wrote:
** You omit an important third player.

The \"non authorized\" repair business whom Deere is trying to cancel.

I\'m lumping non-authorized repair businesses in with the owners / do it
yourselers.

I see no need to distinguish the different groups that are outside of
the authorized technicians / manufacturer.



--
Grant. . . .
unix || die
 
Grant Taylor wrote:
===============
Phil Allison wrote:

** You omit an important third player.

The \"non authorized\" repair business whom Deere is trying to cancel.


I\'m lumping non-authorized repair businesses in with the owners / do it
yourselers.

** Sure - but did not MENTION that anywhere.

Farmers are a rare example of long time DIY repairers.

I see no need to distinguish the different groups that are outside of
the authorized technicians / manufacturer.

** Well - even important differences will disappear if one *chooses* to not see them....

What other things are you choosing to ignore ?



....... Phil
 
On 2/10/2022 12:04 PM, Grant Taylor wrote:
On 2/10/22 12:49 AM, Don Y wrote:
If you write legislation to that effect, a manufacturer sidesteps it by
purchasing all of the \"authorized repair centers\" so they are now *part* of
the manufacturer\'s organization.

I believe I spoke to -- what I\'ll call -- in-housing repairs to the manufacturer.

In short, all people, trained or otherwise, employed by the manufacturer or
otherwise, should have the same opportunities to parts / documentation / tools.

Yeah, that\'s an admirable goal. But, I don\'t think it\'s gonna happen
in a *real* way!

It would be nice if no child went hungry, but...

Or, changing the parts/jigs/documentation that it makes available to them
(likely, these are \"Property of Manufacturer\" and not the service center so
reclaiming them is legally possible)

The manufacturer has the prerogative to change something frequently so that the
old thing will no longer work.

If service technicians have access to it, lay people should have access to it too.

\"Apply ALL of the more recent updates (hardware and software) to your product
before applying this solution. They are available in our parts store at
standard prices.\"

I *rarely* apply updates to (software) products. Because its a huge nuisance.
As a result, if I encounter a recognized problem that is solved at patch level
13, I have to debate if I want to apply all of the patches between \"my current\"
and \"13\", just to get a fix for that problem.

And, any *consequences* of those patches are now mine to endure.

[I had to replace the power inlet on a friend\'s laptop. The manufacturer
had made a change to the (aluminum) case casting in the time since his
purchase. So, the new inlet wouldn\'t mechanically fit. I was forced to
grind away the excess aluminum to make accommodations for the inlet.
A better strategy may have been to just leave a wire dangling out the ass
end of the laptop!]

If you claim the manufacturer is now an \"authorized repair center\",

I do.

So, he has to partition his organization (physically and virtually) so
there are distinct cost centers and documentable information flows
to which legislation could be applied.

The tech from \"service\" can\'t chat with the design engineer over the
lunch-room table because DIYers wouldn\'t have that same level of access.
Instead, the tech will have to submit his question through the \"portal\"
where it could be processed along with DIYer questions.

does he have to make available all of his staff that might be *consulted* by
the folks actually doing the repairs?

Staff is decidedly not part of my aforementioned list of parts / documentation
/ tools.

E.g., if a tech makes an ask of the design engineer on a product, should
Billy Bob\'s Tractor Shop have access to that same tech/resource?

Tech as in technician, no. Resource as in document, yes.

I could see a business case for staff to provide consulting or training at an
hourly rate.

What if they don\'t want to be in the consulting business?

Is \"staff\" different from \"documents\"?

Absolutely.

Aren\'t they both \"reference materials\"? \"On page 27 of the manual, it says
\'Consult Engineering\'\" What a great way to lower the cost of that profit
center! :

I would call that a bad document.

Have a look at most \"user manuals\" under \"troubleshooting\". Notice how often
they refer to \"factory\" as remedy for certain problems. Do you think they
mean \"Call us up and we\'ll put an engineer on the phone to troubleshoot
your problem\"?

However said bad document should be made available to authorized technicians as
well as do it yourselfers.

I think there is also an opportunity for a class action lawsuit if the
manufacturer purposely starts updating all documents to be \'Consult
Engineering\' type.

What if the manufacturer starts treating FRUs as disposable items?

That doesn\'t change anything in my opinion.

To the *user*, it may! Now, he can\'t buy *just* that defective part.
Instead, he has to buy the smallest/cheapest FRU that *contains*
that part!

\"Sure, we\'ll sell you a new engine!\"

After all, it\'s YOU who will be paying the replacement price, not them! Now,
do you require the manufacturer to make available to the customer all of
their MANUFACTURING DOCUMENTS, jigs, etc.?

Manufacturing is decidedly different than service / repair.

Since I\'m discussing service / repair, that means that manufacturing is out of
scope to me.

But you\'re also claiming that the manufacturer can fill two *distinct* roles.
And, that different rules should apply to each role, even if under the same
roof and by the same staff.

Or, requiring units to be returned for repair/replacement?

If the (in-house) authorized technicians are also required to return the units
for repair / replacement, then so be it.

Again, this is a slippery slope that would likely end up in a class action
lawsuit.

There would probably have to be strict division between the authorized
technicians that take components out of the larger unit, ship them off to the
manufacturer (down the hall), and install the new / repaired component.

Do it yourselfers should also be able to ship components off to the
manufacturer (across town), and install the new / repaired component.

Yes, and turn-around time -- and price -- will be determined by the
amount of business you do with the firm. \"Sorry, there are many
higher-priority service requests ahead of you in the queue. Those
customers represent greater value to us than your \'one-off\'
transaction\".

Or, do you legislate equality in pricing, turn-around time, etc.?

And, NOT expect the manufacturer to reflect this requirement
somewhere in its pricing/service structure?

Or, charging outrageous prices for parts (that you can\'t source anywhere else!)

How is that different than we have now?

It\'s a matter of degree. A $600 sensor repair can turn into a $1000 sensor
repair. You\'re \"whole\" after each repair. But, considerably poorer in
the second case. \"We no longer sell the bare sensor as an FRU...\"

[We have a *small* convection/toaster oven that will be needing new heating
elements, soon. Replacement parts are nowhere to be found. So, buy a new
oven (the small size being the tough criteria to meet) or hope to find
an identical one \"in decent shape\" at a thrift store. In either case,
the \"cost\" to me (time + money) is considerably higher.]

Also, as long as it\'s the same for authorized technicians and do it
yourselfers, then so be it.

[We charged $2000 for an ASIC used in an arcade piece. The entire GAME could
be purchased for $2000! (so, silly to charge MORE than that for the chip!)]

I would be very careful doing something like that. That seems to be opening
yourself up for a lawsuit.

If so, never materialized. The purpose of the ASIC was to discourage
counterfeiters (while adding functionality). As you can\'t stop a
counterfeiter from buying whole *games*, you can offer to sell him
just the chip -- for the price of a game!

Of course, if it is a genuine *repair*, you\'ll have returned the *defective*
ASIC and we can credit you $1980 on the replacement part\'s price (because we
WANT to be friendly to our legitimate customers -- and, because the ASICs
won\'t fail! Encounter many \"bad CPUs\" over the years?)
Or, not offering *any* repair parts! There is nothing that says a
manufacturer must *remain* in a business -- or business segment.

I agree. Despite my dislike for it.

Then what do you do? Hope someone else makes a copycat product?

[We sold a product that relied on a $5K license from another vendor. Vendor
stopped making that license available. What recourse do we have?

Probably not very many. Almost certainly not any good ones.

So, a $5K license ends up costing us hundreds of kilobucks to redesign
the product to use their *new* offering.

Wanna bet that will similarly be obsolescent?

(What reason to refuse to offer something that only *costs* you a sheet
of paper -- license -- to sell?)

Can we FORCE him to sell us another license?

Nope.

Or, does *he* have control over his sales policies??]

Yes.

The same availability apply equally to both authorized technicians and do it
yourselfers.

If the manufacturer considered \"locking things down\" to be essential to its
business plan, you can bet their lobbyists (pre-legislation) and lawyers
(post-legislation) will have sorted out how to maintain this capability.

Maybe. Maybe not.

Apple clearly has decided that \"repairs\" aren\'t worth the trouble to defend
that practice. They\'re sitting pretty with retail sales. And, can charge
outrageous amounts for repair parts (iPhone 12 screen is $250!) because they
are the sole source -- and folks would obviously WANT \"genuine Apple\"!

> I\'d bet that they have a plan. Only time will tell if that plan will hold up.

Nothing to say that they can\'t have an alternative in store *if* that plan
fails. It\'s *their* product. Maybe they churn their offerings so, after
a few years, there are no common parts currently in production for ~10 year
old tractors. Or, those that are available are stocked in a warehouse with
a staff of 5 that takes weeks to locate and deliver items from \"old stock\".

Things might be different in the EU but the US favors unbridled capitalism.

I\'m routinely depressed if not distressed by this fact.

Agreed, but life is too short for me to fret over the realities. Instead, I
figure out how to get what *I* want at a cost that I\'m willing to pay. If
the cost is too high, then I resign myself to living without!

I like a certain type of \"biscuit\" that I know to be sold in northern
massachusetts. It is impractical for me to import them in sufficient
quantity -- 20 pounds cost $20 and $29 for shipping. That\'s probably
two weeks worth. (purchasing in larger quantities -- to lower effective
shipping costs) would pose a problem with freshness and, likely, damage
in transit.

So, my options are:
- buy as above
- find a closer/cheaper source
- make my own

I\'ve decided that make my own is the only long term solution that
makes sense.

Of course, the bakery isn\'t going to tell me how to make their
product!

A local source makes a similar product with an entirely \"wrong\"
(for my palate) taste/texture. And, similarly refuses to share
their Rx. Given that I\'m NOT going to purchase their product
(because the taste/texture is \"wrong\"), wouldn\'t you think they
would be willing to share their secret?

OTOH, I *never* give out my Rxs. I give out *approximations*
that will allow folks who are interested in the item to INVEST
THEIR TIME to come up with a good version. But, you can *watch*
me make an item and still never be able to reproduce it.
(that\'s intentional, on my part!)

I am willing to experiment with developing my own Rx (I\'ve a great
track record, in taht respect), but the minimum batch size is ~5
pounds. That\'s a lot of \"mistakes\" to consume -- or foodstuffs to
discard!

There\'s nothing FORCING the user to buy THAT particular product!

Nope. Yes there is. And it depends.

See my comments about cable internet vs DSL vs dial-up elsewhere in this thread.

If you were foolish enough (or desperate enough) to make that decision, then
that\'s *your* problem. \"Want a time-share in Miami?\"
This seems to be the purview of class action lawsuits, especially if there is
evidence that the manufacturer exploited a (monopolistic) market advantage to
coerce consumers to buy their product.

But these aren\'t monopolistic products. Other folks manufacture tractors.
Other folks manufacture cell phones. etc. The manufacturers aren\'t doing
anything to prevent competition; rather they are just offering a product
that exceeds the value of other products.

\"If we reincorporate in MX, are we still subject to these requirements?

I would counter with how are you doing business in country without an
established point of presence?

You\'ve never bought something from a vendor in china?

I\'m looking to buy some pillows from a Japanese firm. *No one* sells them in
the US. Does that mean I can\'t acquire more of them?

I would argue that any parts / documentation / tools that you make available to
authorized technicians in country must be made available to do it yourselfers
in country.

I dislike the idea of no in country repair centers. But that\'s an issue that\'s
outside of what I consider to be right to repair.

Are none of the countries that export to the US market immune?

My opinion is that all countries should be treated the same. Sadly, I expect
politicians will have different ideas.

That\'s naive to the point of laughter.

*My* opinion is that things shouldn\'t break so \"repair\" isn\'t an issue!
(you are free to start laughing, now)

Will there be linguists proofing Chinese documents to verify they are
comprehensible after translation into English? Will they also have to make
available Spanish language versions?? What liability for the accuracy of
those documents?

That\'s immaterial to my stance. The existing parts / documents / tools
available to authorized technicians, whatever quality they are, should be made
available to everybody.

If someone has to translate a document from one language to make use of it,
that\'s on them as the user of said document.

So, chinese manufacturer who just tends to hire chinese-americans to work
in *their* repair centers can legally leave all of their documentation in
chinese? And, provide exactly this documentation to their DIYer customers?

How long before folks start whining that the documentation isn\'t in English?
Do we need further legislation to address THAT issue (because it is a
practical impediment to their repair activities)? Ditto any software
tools that are used -- must the software developer arrange all of the
strings and other \"resources\" in some easily locatable manner so they
can *all* be found and translated by some third party (hired by the DIYer
group)? \"Gee, I\'ve never seen THIS screen, before! Anyone know what it
says?\" (days later) \"Yes, it says your catalytic converter is overheating
and must be shut down immediately to avoid damage to the vehicle!\"

Ooops!

Or, developing new products where part of the product is *licensed* (not
sold) to the user. (who owns the battery in your EV?)

That\'s a different issue.

I offer these as examples of how manufacturers can skirt legislation.

AT&T didn\'t *make* anything. And, AFAICT, Western Electric\'s sole customer
was AT&T. Yet, \"your phone\" (*owned* by AT&T; they just let you *use* it!)
came from AT&T and that\'s who you contact in case of a problem.

There are no user serviceable parts within -- return to factory for repair or
replacement (all the service center could do is forward your component to the
factory)

That\'s a farce in my opinion.

Why? Do you really think Alexa speakers are \"repaired\"? Maybe in some
third-world country but US labor rates wouldn\'t make that profitable.
Discard and write-off.

I\'ve targeted a ~$15 cost (DM) for my designs. So, *if* you can recover
any value from a \"defective\" unit, you\'d have to do so with very little
labor before the labor costs exceed the value of the components POTENTIALLY
recovered. I.e., depot test procedure is \"run standard manufacturing test;
if pass, recondition -- else discard\"

If folks notice a high percentage of similar failures, they will likely
consult a manufacturing/support engineer to look further into it. That
person (resource) will have access to design materials that aren\'t available
to \"technicians\" and can decide if a design change is warranted.

DIYer would have to make that determination on his own -- based on his
\"capabilitites\".


If there are authorized technicians, possibly located in the factory, in this
country then the parts / documents / tools that they have access to should be
made available to do it yourselfers.

So, we subject our techs to an 18 month training program. There are no
\"manuals\", just \"know how\" acquired from that course. We\'ll make that
course available to you end users. It is held in Podunk, Iowa, starting
every December. The cost for tuition (which we bear for our employees)
is $35,000.

<https://en.wikipedia.org/wiki/Hamburger_University>

\"Hey, we\'re spending a lot on training our employees! Why don\'t we *buy* the
company that we\'ve hired to do our training? \'Outsiders\' can still pay
for the course. Employees will just be handled by transfering the tuition
on a balance sheet between subsidiaries\"

SWMBO\'s vehicle came with a trial Sirius license. Did we end up having to
pay for some hardware in the vehicle even though we never bought a subscription?

You purchased what the manufacturer sold to you. If you didn\'t use all of the
capabilities of it, that\'s on you.

Likewise, it came with real-time traffic monitoring, for a few years. Wanna
bet that this vehicle is still providing data to that service to report on
traffic conditions where we are driving?

Maybe. There are privacy concerns that cause me to not say probably.

If the data is being provided to a server that *they* exclusively control,
then are the privacy concerns any greater than the vehicle reporting my
usage so they can tell me when service is due?

Were we compensated for this, in any way?

That\'s out of the scope of right to repair.

You didn\'t tell me I was going to be \"working for you\" in the purchase
agreement. I *may* be willing to work for you -- if properly compensated.
I want to be able to prevent you from STEALING my services in the event
that we don\'t come to an agreement.

What happens if I short out the antenna so the car can\'t phone home??

I don\'t know.

Try it and find out.

What recourse do I have if something goes wrong? How long will I be
without the use of the vehicle? How much will the \"repair\" cost?

[My curiosity doesn\'t rise to that level of potential consequences]

Do I have the *right* to do that?

Right to repair is the union of a right and repairing something. So I think
\"repair\" is extremely germane. There\'s a good chance that \"repair\" will only
extend to as designed and constructed by the manufacturer.

As such, altering the design / operation contrary to the manufacturer\'s intent
probably doesn\'t qualify as \"repair\".

Why shouldn\'t I be allowed to do so? And, provided the tools/information
to facilitate that?

Imagine I discover making a particular change to the design -- something I\'ve
learned from the documentation that legislation made available to me -- will
allow me to improve the performance of the product. Maybe making it
behave exactly as an \"upscale\" offering from the same manufacturer. I
now have the ability to deprive that manufacturer of those revenues
simply by sharing my knowledge with their customers (maybe via one of
their forums? Or, a 3rd party forum that caters to XYZ customers?)

[Sure, this happens now -- but, the bar is higher because folks \"tinkering\"
have less information to act on]

Now we get into do you actually /own/ the vehicle? Or is there some form of
lease like you were alluding to?

If you /own/ the vehicle, then I think you have the right to do just about
anything you want to, including altering it from the original manufacturer\'s
intention. Possibly by disabling the ability to report traffic information.

What if the product alters its behavior (or even refuses to operate) in
the presence of that change -- intentionally or otherwise.

I have several legitimate pieces of software that \"stall\" on startup...
because they want to phone home to check for updates, \"news\", etc.
Eventually, they will offer me the functionality that I purchased.
But, I have to endure a long (in the PC user sense) delay to do so.
Others want me to log into my \"account\".

[The problem, of course, is that my machines aren\'t routed so those
connections never materialize -- and the software is too stupid to
demote them to \"background\" tasks]

Some \"friendly\" applications make this clear prior to purchase.
Or, provide hooks to minimize the impact of these behaviors (e.g.,
\"disable updates\"). Others, not so much.

Even if some other aspect of the vehicle stops working??

If you completely own it, sure. If you don\'t completely own it, then things
get murky really fast.

But, do you *know* the limits of what you can do to the product while
retaining its intended functionality? If you unplug the WAN from your
WiFi router (not even part of your Alexa device), should you still
expect it to be able to turn your lights on/off? (after all, the lighting
controller talks to the router just like the Alexa device!). If your
Nest thermostat can\'t talk to the outside world, can it still \"learn\"
your HVAC needs/living habits? (a major selling point for the product)

I own the product but, perhaps, not all of the things on which it relies.

Legislation may \"level the playing field\" (between authorized repair centers
and \"others\") -- but, at a level that is more costly to the end user than it
is, presently! The authorized repair center won\'t care if they have to pay
more for parts/services -- they will just be passing those costs on to the
consumer, just like the *unauthorized* repair centers.

I question the veracity of that statement and believe that it opens
manufacturers up to class action lawsuits.

How much do you think the US legislature is going to impose itself in \"how
businesses do business\"? Businesses are constituents, too!

So, the $1000 part with $200 of labor isn\'t much cheaper than the $1000 part
from the \"unauthorized service center\" with the $50 *discounted* labor! Gee,
look at how much better this is over that $600 repair, previously!

One of the first things that the manufacturer will have to defend is why
something that used to cost $600 now costs $1000. They had better have a VERY
good explanation. Lest they be guilty of what is effectively price gouging.

Sure! We no longer support repairs at that fine-grained level. Now, for
manufacturing economies (which benefit the customer at time of sale), we
just offer larger FRUs. These assemblies COST us more to produce.
Hence the reason the repair (replace) costs so much more!

Which legislator considers himself a qualified expert in manufacturing
technology in THAT particular market to be able to argue that the choice
of supported FRUs was the \"right one\"?

Increasingly, manufacturers want to cling to customers AFTER the sale.
Whether that is through repairs, services or \"other\" (e.g., upgrades).
Weening them of this idea is likely going to be tough.

The best way I\'ve found / heard of to retain customers, is to provide them with
value, even if it\'s only a perception.

Exactly. And value comes in many forms. I \"provide value\" to clients by
standing behind my work; they know that they will get what they\'ve contracted
for the agreed upon price/timeframe. And, that I\'m not going to \"string them
along\" with an endless stream of add-ons to keep the income stream in place.

Other firms provide value by offering good \"support\" -- but only to legitimate
customers. Or pricing (e.g., the IBM vs. DEC approach) Or, \"superior
products\".

Sadly, many companies do none of these things and treat their customers with
disdain. And, keep throwing money at trying to get NEW customers (that haven\'t
yet been f*cked)!

I know many people that will pay a higher price for parts & service from a
dealership if they feel value from and like they can trust the dealership.

Do you write legislation so all Nest products *retain* their functionality
even if Google abandons that market?

Nope.

You write legislation that 1) clearly explains that the hardware is dependent
on a subscription service and 2 that said subscription service will be
available for (at least) a specified amount of time (be it X number of months /
years or until Y date).

So, you know your purchase has a limited lifespan -- and you know what that
limit likely is. How does that help you a day after that limit expires?
Will there be an alternative product that offers you the same functionality,
possibly from a different vendor?

What if Google spins off that business unit and then kills it?

Google has the right to do that as a business as long as it\'s beholden to the
second clause above.

Failure to do that falls back on traditional breach of contract problems and
solutions.

Think: breast implants.

Should a manufacturer be required to fix a design flaw in a product -- even
if it\'s \"just software\"? Should I be able to get software updates for every
such appliance for N years after purchase?

I have heard discussion about legislation for both of these very things.

And you KNOW that the manufacturer will reflect those additional requirements
in his updated pricing.

When I take on a contract, I agree to fix \"bugs\" (deviations from *specified*
behavior) for free, forever. I factor this into my initial price (fixed cost)
and schedule (I want to be sure the finished product is REALLY \"finished\" and
not going to distract me from my next undertaking, complicating that delivery).

Manufacturers that don\'t update their pricing risk closing their doors.

And, most consumers seem to just go along with these new policies without a
whimper.
\"Want access to my personal data, for free? OK\"
\"Want to *rent* me music? OK\"
\"Want to peek at my credit score before disclosing it to me? OK\"

There is a derogatory term for this, \"sheeple\".

There also various legal actions afoot related to this.

But how many John Does do you know that are actually arguing for it?
(not people you\'ve read about but your friends, family, neighbors, etc.)
By and large, they just \"click to accept\" and move on with their life.

The classic role of The Market is a give-and-take between suppliers and
consumers.

Yes. I give you money and I take the product to do with it what I please.

And you can, currently! You can hit it with a sledge hammer, burn it in
a fire, systematically tear it down into smaller and smaller pieces, etc.
You might not be able to \"reverse engineer\" it (whatever that means for THAT
item) -- but, you KNEW THAT when you purchased the item. Arguing that you
should be able to change the terms of the sale afterwards is disingenuous.

\"Oh, we\'ve decided that the price of the item that you\'ve already bought
and paid for is now five times higher. Will you be paying with cash or check?\"

If the market\'s \"price\" is too high, you go elsewhere.

Baring monopolistic complications, agreed.

Ah, but there is obviously some desire to own *that* product -- despite all
of these misgivings. Else farmers would be driving Kubotas!
 

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