Manufacturers’ control of spare parts makes it a challenge for individuals and independent repair shops to replace consumable parts that are likely to need replacement during the course of a product’s useful life, such as mobile phone batteries.[1] Moreover, manufacturers’ control of spare parts may result in consumers’ needing to replace appliances and other products simply because they cannot obtain a spare part.[2]
- 2.Unavailability of Manuals
Independent repair shops and repair advocates state that some manufacturers do not release service manuals that would be needed to fix otherwise repairable products.[3] Service manuals provide instructions and guidance on how to fix components that may be broken or not functioning properly, or techniques for troubleshooting other issues. Without these manuals, independent repair providers claim that making repairs can be very difficult or impossible. Furthermore, in certain instances, manufacturers threaten to sue or sue entities who publish repair manuals or diagnostic codes.[4]
- 3.Unavailability of Diagnostic Software and Tools
Diagnostic software and firmware are often necessary today to make repairs because they help repair shops diagnose problems with devices.[5] Repair advocates have indicated that some manufacturers limit the availability of such software and in other instances institute code that prevents ISOs from developing alternative diagnostic software.[6]
The primary safety concern of independent repair raised by manufacturers and right to repair advocates relates to the challenges of replacing lithium ion cells. Lithium ion cells power numerous devices, ranging from small consumer electronics to automobiles. Two common types of lithium ion cells are pouches—thin and flexible polymer cells that are found in electronic
- ↑ Transcript, at 23.
- ↑ Transcript, at 155–156.
- ↑ Transcript of Judiciary Comm. Meeting, 104th Leg., 2nd Sess. 22 (Neb. 2016) at 22 (2-25-2016), https://www.nebraskalegislature.gov/FloorDocs/104/PDF/Transcripts/Judiciary/2016-02-25.pdf (“Nebraska Transcript”).
- ↑ Electronic Frontier Foundation, Defend Your Right to Repair!, https://www.eff.org/issues/right-to-repair. Kyle Wiens stated at the Workshop that he “… learned that there had actually been several people that had posted [an Apple] service manual online, but that they had gotten [Digital Millennium Copyright Act] copyright take-down complaints from Apple saying, we don’t want you to share this information. And since then, I learned that that’s a trend across the board.” Transcript, at 165.
- ↑ Motor and Equipment Manufacturers Association empirical research (“MEMA empirical research”), at 15; International Association of Medical Equipment Remarketers and Servicers, Inc. empirical research (“IAMERS empirical research”), at 2–3; Nebraska Transcript, at 21.
- ↑ Jennifer Larson stated that she wants access to information authorized dealers get: diagnostics and firmware patches. Transcript, at 66; Nebraska Transcript, at 21; Transcript, at 138 (noting that it is difficult for independent repair shops to fix products when required software patches are not readily available).
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