have cast “any OEE products or non-dealership repair services as dangerous for the driver,” and that individual vehicle owners “will turn away from the aftermarket and head to the new vehicle dealer to ensure that their warranty and safety not be jeopardized.”[1]
Software locks, digital rights management (“DRM”) tools or technological protection measures (“TPMs”) are access control technologies implemented by OEMs. While manufacturers argue that these measures are necessary to protect proprietary hardware and copyrighted technologies, repair advocates argue such tactics lock ISOs and consumers out of basic repairs. Embedded software may force consumers to have the maintenance and repair of their products performed by the manufacturers’ authorized service networks. Furthermore, according to iFixit, “if you replace the screen on your iPhone—even if it’s with a brand new OEM screen off of another identical iPhone—certain features like TrueTone won’t work correctly.”[2]
McDonough explained that Apple synchronizes some iPhone parts to the device’s logic board, making the part repairable only by Apple.[3] Although McDonough said she does not believe this practice is widespread in the marketplace, she fears that other manufacturers will engage in a similar practice in the future, making it impossible for individuals and independent repair shops to make certain repairs to electronic devices.[4]
According to LKQ, such a future is already occurring in the automotive industry through “VIN burning”—the practice of limiting a control module to function with a single vehicle identification number. With VIN burning, a manufacturer can constrain a part to function with only a single car. Using the part on another vehicle would be blocked by the vehicle’s embedded software.[5] This practice is reportedly being used by General Motors as well as a number of European luxury brands.[6] At least one manufacturer has also adopted a cybersecurity gateway to reduce the risk of vehicle hacking, but repair advocates argue the manufacturer has implemented the gateway in a manner that prevents legitimate third party repairs.[7]
Larson, whose company is a seller of refurbished computer servers, explained at the Workshop that some manufacturers also limit third-party repairs through firmware updates to products. For example, she stated that manufacturers of servers, such as IBM, refuse to provide firmware updates unless owners of equipment purchase maintenance contracts. Without the
- ↑ Safelite AutoGlass comment, at 1, 3.
- ↑ iFixit empirical research, at 15.
- ↑ Transcript, at 24.
- ↑ Id.
- ↑ LKQ empirical research, at 4–6.
- ↑ Id. at 4. Although manufacturers did not explain the rationale for VIN burning, we note this practice may have benefits (such as reducing the marketability of stolen airbags and other components). However, any such benefits could likely be achieved without imposing a substantial burden on independent repair.
- ↑ Id. at 16–18.
23
