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Under pressure from tech companies, ‘Fair Repair’ bill stalls in Nebraska Under pressure from tech companies, ‘Fair Repair’ bill stalls in Nebraska
(1 day later)
A quest taken up by farmers and independent repair shops to gain the rights to service manuals, diagnostic tools and parts for high-tech equipment has stalled in Nebraska, after lawmakers, under pressure from corporations such as Apple, shelved it. A quest taken up by farmers and independent repair shops to gain the rights to service manuals, diagnostic tools and parts for hi-tech equipment has stalled in Nebraska, after lawmakers, under pressure from corporations such as Apple, shelved it.
The “Fair Repair” bill was designed to give owners increased rights over the software-embedded equipment and electronic items they purchase. Farmers have been pushing for such legislation so they can diagnose and fix faults in their increasingly computer-controlled tractors and combine harvesters, in the same way that car owners can do. To do this, they need diagnostic tools and manuals that the manufacturers keep closely guarded.The “Fair Repair” bill was designed to give owners increased rights over the software-embedded equipment and electronic items they purchase. Farmers have been pushing for such legislation so they can diagnose and fix faults in their increasingly computer-controlled tractors and combine harvesters, in the same way that car owners can do. To do this, they need diagnostic tools and manuals that the manufacturers keep closely guarded.
Nebraska was perceived as a test case in the US, where seven other states – including New York, Massachusetts, Illinois, Wyoming, Tennessee, Minnesota and Kansas – have similar bills.Nebraska was perceived as a test case in the US, where seven other states – including New York, Massachusetts, Illinois, Wyoming, Tennessee, Minnesota and Kansas – have similar bills.
Opponents to the bill, mainly the large companies that make and sell equipment including John Deere, Case IH, Apple and associated industry bodies, argue that allowing a broader set of people to access diagnostic tools creates safety, security and intellectual property risks. Opponents to the bill, mainly the large companies that make and sell equipment, including John Deere, Case IH, and Apple, and associated industry bodies, argue that allowing a broader set of people to access diagnostic tools creates safety, security and intellectual property risks.
The bill, LB67, had a public hearing at 1.30pm on Thursday, but 90 minutes before it started, supporters knew it was dead in the water. Noon was the deadline for senators to declare a single bill as their priority for the parliamentary session. The bill’s sponsor, state senator Lydia Brasch, had already pledged to prioritize another piece of legislation. She had hoped another senator was going to take on Fair Repair as a priority but that senatordid not act. The bill, LB67, had a public hearing at 1.30pm on Thursday, but 90 minutes before it started, supporters knew it was dead in the water. Noon was the deadline for senators to declare a single bill as their priority for the parliamentary session. The bill’s sponsor, state senator Lydia Brasch, had already pledged to prioritize another piece of legislation. She had hoped another senator was going to take on Fair Repair as a priority but that senator did not act.
“We walked into the hearing with the bill dead,” said Gay Gordon-Byrne, executive director of the Repair Association, which has been fighting for the right to repair in states across the US. “That’s why the senators were so disengaged. They wanted to get through the hearing.”“We walked into the hearing with the bill dead,” said Gay Gordon-Byrne, executive director of the Repair Association, which has been fighting for the right to repair in states across the US. “That’s why the senators were so disengaged. They wanted to get through the hearing.”
Gordon-Byrne believes senators may have baulked at the broadness of the bill: it covers not only agricultural equipment, but any electronic product with embedded software, including home appliances, consumer electronics and medical devices. Gordon-Byrne believes senators may have balked at the broadness of the bill: it covers not only agricultural equipment, but any electronic product with embedded software, including home appliances, consumer electronics and medical devices.
She hasn’t given up hope and expects another version of the bill to be introduced next year. “It’s discouraging for the people who have been working on this so hard, but it’s only a skirmish in a bigger war. On balance we gained a bit of awareness, so we didn’t lose.” She hasn’t given up hope and expects another version of the bill to be introduced next year. “It’s discouraging for the people who have been working on this so hard, but it’s only a skirmish in a bigger war. On balance, we gained a bit of awareness, so we didn’t lose.”
A similar blow was dealt in Minnesota, which didn’t even get a committee hearing. “Lobbyists got to the chairman of the committee,” Gordon-Byrne said. A similar blow was dealt in Minnesota, where the measure didn’t even get a committee hearing. “Lobbyists got to the chairman of the committee,” Gordon-Byrne said.
During the Nebraska hearing, Brasch, Gordon-Byrne, farmers and independent repair shops spoke out about their desires to have the ability to diagnose, repair and maintain increasingly high-tech equipment. During the Nebraska hearing, Brasch, Gordon-Byrne, farmers and independent repair shops spoke out about their desires to have the ability to diagnose, repair and maintain increasingly hi-tech equipment.
They argued that by having diagnostic tools given only to a limited set of authorized repair shops, consumers lose time and money. This is particularly critical for farmers, whose livelihoods depend on their tractors’ ability to run during planting, harvesting and other key points in the growing cycle. They argued that with diagnostic tools given only to a limited set of authorized repair shops, consumers lose time and money. This is particularly critical for farmers, whose livelihoods depend on their tractors’ ability to run during planting, harvesting and other key points in the growing cycle.
“Time is lost. Farmers depend on weather situations and help is hard to find. So when you have it, it’s imperative you keep the equipment going,” said Brasch, who also works as a software consultant and is married to a farmer.“Time is lost. Farmers depend on weather situations and help is hard to find. So when you have it, it’s imperative you keep the equipment going,” said Brasch, who also works as a software consultant and is married to a farmer.
Opponents to the bill who testified during the hearing included a variety of bodies for the technology industry, including the Consumer Technology Association, the Cellular Telecommunications and Internet Association, known as CTIA, and CompTIA, the Computing Technology Industry Association.Opponents to the bill who testified during the hearing included a variety of bodies for the technology industry, including the Consumer Technology Association, the Cellular Telecommunications and Internet Association, known as CTIA, and CompTIA, the Computing Technology Industry Association.
“This has the potential to weaken security features in a host of electronic devices. It’s not about dead screen or battery,” said CompTIA’s Alexi Madon, adding that the bill applies to medical equipment and government servers. “Manufacturers are also required to give up sensitive intellectual property.” “This has the potential to weaken security features in a host of electronic devices. It’s not about dead screen or battery,” said CompTIA’s Alexi Madon, adding that the bill applied to medical equipment and government servers. “Manufacturers are also required to give up sensitive intellectual property.”
Tony Baker, a Nebraska politician who previously provided information solutions to the US military, countered the suggestion that repair rights would infringe on the intellectual property rights to and security of their software. He explained how his organization created software running on classified networks that granted different levels of access to different groups of people, depending on their level of authorisation or security clearance. He argued that manufacturers can do the same with their products. Tony Baker, a Nebraska politician who previously provided information solutions to the US military, countered the suggestion that repair rights would infringe on the intellectual property rights and the security of software. He explained how his organization created software running on classified networks that granted different levels of access to different groups of people, depending on their level of authorisation or security clearance. He argued that manufacturers could do the same with their products.
“The bottom line is [there are] a very large variety of engineering solutions to accommodate these issues that could be put in place,” he said.“The bottom line is [there are] a very large variety of engineering solutions to accommodate these issues that could be put in place,” he said.
Pro-repair advocates are now waiting for the bill to be discussed in other states in the coming months. Gordon-Byrne believes that without the lobbying clout of their opponents it’s going to be an uphill struggle. Pro-repair advocates are waiting for the bill to be discussed in other states in the coming months. Gordon-Byrne believes that without the lobbying clout of their opponents, it is going to be an uphill struggle.
“As much as people say lobbyists are professional shit talkers, it’s good to have one on your side.”“As much as people say lobbyists are professional shit talkers, it’s good to have one on your side.”