What’s the Status of Right-to-Repair Laws?

Many years ago, the practice of repairing office equipment or household appliances that malfunctioned was a common and practical solution. However, over time, changes in business practices have largely eliminated this option. In recent years, the Right to Repair movement has emerged as a legitimate campaign aimed at advocating for legal protections to safeguard the rights of the modern tech-dependent public.

Let's go into the current state of the Right to Repair movement. 

This movement has evolved from a simple concept into a full-fledged campaign, with several states implementing measures to enhance the rights of consumers and businesses reliant on various technologies. Let's explore the current status of this movement and its implications for businesses.

The Right to Repair movement has two primary objectives. They are:

Objective #1 - Safeguarding Consumer Rights

According to the Public Interest Research Group, a nonprofit organization dedicated to promoting societal benefits, restricting the repairability of products primarily benefits manufacturers by bolstering service contracts and the profits they generate. Manufacturers achieve this by limiting consumers' options for repairing their technology, whether independently or through third-party providers, through the use of specialized components like proprietary screws, exclusive tools, software constraints, warranty violations, and withholding repair manuals. This strategy ensures that only the manufacturers themselves can service their products, if they offer such services at all.

By limiting consumers' ability to repair their own technology, manufacturers encourage the notion that technology should be replaced, resulting in increased profits from hardware sales, as well as lucrative service contracts. This practice applies to a wide range of business technologies, from office computers to medical equipment, HVAC systems, and agricultural machinery, all susceptible to these artificial constraints.

Objective #2 - Protecting the Environment

Replacing technology each time it malfunctions is an environmental disaster. Most discarded technology ends up in landfills instead of being properly recycled, contributing to substantial pollution. Additionally, many electronic devices contain environmentally harmful materials. The relentless production of new hardware to replace devices that are often made obsolete by manufacturer-imposed software locks exacerbates this problem. The production of new components consumes valuable resources unnecessarily.

In 2019 alone, 53.6 million tons of electronics were discarded, resulting in a loss of $57 billion in various materials such as copper, gold, platinum, and silver. Moreover, many materials used in computing components are hazardous to human health, with mercury, for instance, found in monitors, PCBs, and smart bulbs, posing risks to the human nervous system.

E-waste is an undeniably significant and growing issue. In 2020, the United Nations reported a 21% annual increase in e-waste; and that number is extremely likely to increase over time. While facilitating computer and electronic hardware repairs won't completely solve this problem, it would certainly contribute to a substantial reduction.

Current Status of the Right to Repair Movement

Notably, the idea that consumers should have the right to repair their possessions has gained traction, both in terms of public support and legislative action in the United States and Europe.

In 2022, New York became the first U.S. state to enact a Right to Repair law, requiring manufacturers to provide consumers with the necessary tools and information for repairs, with other states following suit. In September of 2023, California passed the most comprehensive legislation in the nation, compelling manufacturers to provide all essential resources for repairs and banning digital locks.

Across the Atlantic, the EU proposed a law in March mandating manufacturers not only to provide access to tools and materials but also to make spare parts available for a decade. As of the present moment, negotiations continue, but it is expected to pass in 2024.

Challenges to these Laws

As expected, lobbyists have worked to oppose or limit the impact of these laws. Many state laws include exemptions that specifically exclude enterprise computing devices. A few months ago, the automotive industry, known for small, independently-owned shops and DIY repairs, announced an agreement seemingly committing to providing tools and resources for small shops to repair vehicles and their increasingly computerized components. However, key representatives of repair shops and aftermarket part suppliers were not involved, and there is no effective means to enforce these new standards.

Moreover, as vehicles become more advanced, small shops are increasingly unable to provide services due to the need for specialized (often subscription-based) tools and training.

Overall, the Right to Repair movement faces significant challenges and uncertainties. Only time will reveal its ultimate outcomes.

At JS Business Solutions, we are dedicated to supporting your business' technology within the confines of existing limitations (as discussed regarding software locks). Our team of consultants and technicians are here to assist your business in maintaining and prolonging the life of its technology. Give us a call to have a conversation today at (781) 715-1900.