Comment Liability laws (Score 1) 43
Now lets bring these requirements into law, permanently, across all industrial and consumer devices.
Any obstacle to repair and maintenance other than the inherent difficulty of the operation is anticonsumerist and in the long run, economically damaging (and many of the inherent difficulties are as well, but we gotta start somewhere).
If we change the "right to repair" laws, we should also change the liability laws. If a home-repaired unit becomes unsafe and injures people, who is responsible?
In the case of farming equipment, suppose a farmer makes a repair to a piece of equipment and then his son is injured or killed by said equipment. Who is liable?
The company would say that the farmer took full responsibility once he modified the equipment, while the farmer could say that his modifications did not affect the safety of the device.
It's also not at all clear whether a physical repair done by the farmer could have contributed to an accident made by software. Lots of things can affect software, such as the alignment of the two welded pieces. The software makes a performance analysis of stopping distance based on information it has, but the repair might have changed those parameters.
People who like to race want to download new parameters into the ECU of their car, but that's illegal. It actually is: the parameters are set to maximize efficiency, and while you can get better performance with different numbers, it would promote climate change, so it was made illegal.
Being able to repair things is good, and it's very clear that open source has driven the software industry forward, but we need to be careful about liability as well. Jailbreaking your phone is one thing, but jailbreaking your EV might have catastriphic consequences. I'm not a fan of ID-tagging headlights (BMW, Mazda), but if an accident occurs because of reduced visibility the company could be held liable.
I'm completely in favor of being able to repair things, and John Deere is the worst sort of predatory behaviour, but just wanted to point out that there's another side to the story and we should be careful.