[DRAFT] Right To Repair
Posted: Wed Mar 13, 2019 10:20 pmHello, I've searched around for anything already existing on this topic and couldn't find anything (correct me if I'm wrong).
Summary: This proposal is based off the IRL Right to Repair laws (known as the Fair Repair Act in some states) that are currently ongoing in the US. They are designed to simplify the process of repairing consumers' broken electronic equipment (i.e. cell phones, computers, appliances, cameras, specific parts of tractors). The legislation would require manufacturers to release repair information to the public and sell spare parts to owners and independent repair shops at a fair price. If passed, the laws would give consumers more options than just the manufacturer for repair, granting consumers the freedom to have their electronic products and appliances fixed by a repair shop or service provider of their choice.
This would help prevent companies like Apple from filing mass lawsuits against smaller independent repair shops, denying them access to certified parts by lying, encouraging consumers to only use their overpriced repair/support services, purposely designing products to be difficult to tamper with, and so on. It would also prevent companies like John Deere from withholding software to keep their tractors running; currently farmers would have to haul their 6 tonne tractors hundreds of kilometres away to a certified John Deere repair place to fix it, which is too expensive, so they usually pirate the software and fix it themselves.
Relevant Links:
Summary: This proposal is based off the IRL Right to Repair laws (known as the Fair Repair Act in some states) that are currently ongoing in the US. They are designed to simplify the process of repairing consumers' broken electronic equipment (i.e. cell phones, computers, appliances, cameras, specific parts of tractors). The legislation would require manufacturers to release repair information to the public and sell spare parts to owners and independent repair shops at a fair price. If passed, the laws would give consumers more options than just the manufacturer for repair, granting consumers the freedom to have their electronic products and appliances fixed by a repair shop or service provider of their choice.
This would help prevent companies like Apple from filing mass lawsuits against smaller independent repair shops, denying them access to certified parts by lying, encouraging consumers to only use their overpriced repair/support services, purposely designing products to be difficult to tamper with, and so on. It would also prevent companies like John Deere from withholding software to keep their tractors running; currently farmers would have to haul their 6 tonne tractors hundreds of kilometres away to a certified John Deere repair place to fix it, which is too expensive, so they usually pirate the software and fix it themselves.
Relevant Links:
- https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB2110 (Californian Electronics: Right to Repair Act 2018)
- https://repair.org/
- https://ifixit.org/right
- https://www.theguardian.com/environment/2017/mar/06/nebraska-farmers-right-to-repair-john-deere-apple
- https://ifixit.org/blog/8780/apple-right-to-repair/
- https://www.theverge.com/2018/3/8/17097256/california-right-to-repair-bill-apple-microsoft-service-replace-parts
- https://a13.asmdc.org/press-releases/20180307-eggman-introduces-legislation-create-right-repair-electronics
Right To RepairA resolution to improve improve consumer rights.
Believing that consumers have an inalienable right to repair their own property at their own expense, and
Noting how certain manufacturers of electronics withhold documentation and repair information, as well as equipment and service parts, from product owners and independent repair shops to monopolise the repair process of their products;
The World Assembly hereby,
(A) ASSERTS:
- Reducing the cost and difficulty of repairing electronics is critical to reducing the generation of e-waste;
- Consumers should have the right to repair at a competitive price every product that they purchase;
- Lack of competition in the electronics repair industry creates high costs for consumers, businesses, and governments.
(B) DEFINES:
- "Authorized Repair Provider" as either of the following:
- A person or business that has an arrangement for a definite or indefinite period with an OEM in which the OEM grants to the person or business a license to use a trade name, service mark, or related characteristic for purposes of offering repair services under the name of the OEM.
- A person or business retained by the OEM to provide refurbishing services for the OEM’s product(s).
- "Independent Repair Provider" as a person or business operating in the nation that is not affiliated with an OEM or an OEM's authorized repair provider, that is engaged in the diagnosis, service, maintenance, or repair of equipment, except that an OEM shall be considered an "independent repair provider" if the OEM engages in the diagnosis, service, maintenance, or repair of equipment that is not affiliated with that OEM.
- "Documentation" as a manual, schematic diagram, reporting output, or service code description provided to the authorized repair provider for purposes of effecting repair.
- "Embedded Software" as any programmable instructions provided on firmware delivered with equipment for the purposes of equipment operation, including all relevant patches and fixes made by the OEM for that purpose, including, but not limited to, a basic internal operating system, internal operating system, machine code, assembly code, root code, or microcode.
- "Equipment" as electronic equipment, or a part of electronic equipment, originally manufactured for distribution and sale in the nation.
- "Fair and reasonable terms" as an equitable price in light of relevant factors with regard to diagnostic and repair information, which includes, but is not limited to, all of the following:
- The net cost to the authorized repair provider for similar information obtained from the OEM, excluding any discounts, rebates, or other incentive programs.
- The cost to the OEM for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading, or altering the product, but including amortized capital costs for the preparation and distribution of the information.
- The price charged by other OEMs for similar information.
- The price charged by other OEMs for similar information prior to the launch of OEM Internet Web sites.
- The ability of aftermarket technicians or shops to afford the information.
- The means by which the information is distributed.
- The extent to which the information is used, including the number of users, and frequency, duration, and volume of use.
- Inflation.
(C) ORDERS:
- The original equipment manufacturer (OEM) of equipment or parts sold and used in a nation to do both of the following:
- Make available, in a timely manner, to independent repair providers or owners of equipment manufactured by the OEM the same diagnostic and repair information that the OEM provides to authorized repair providers, including to refurbishment facilities for subcontract repairs. The information shall be provided at no charge or for the same charge that the OEM charges to, and in the same format that the OEM makes the information available to, authorized repair providers and refurbishment facilities for subcontract repair. The information shall include what is defined in Section B.
- Make available for purchase by the owner, the owner’s authorized agent, or an independent repair provider, equipment or service parts, including any updates to the embedded software of the equipment or parts, subject to fair and reasonable terms. However, an OEM is not required to sell equipment or service parts if the parts are no longer available to the OEM or the authorized repair provider of the OEM.
- Nations to actively monitor for attempted breaches in this legislation, and to provide suitable punishment on a person or entity that knowingly violated this legislation, or reasonably should have known that it violated this legislation.