Justice Department, FTC issue statements supporting Right to Repair

MARCH 18, 2024:

The Justice Department’s Antitrust Division and Federal Trade Commission submitted comments to the U.S. Copyright Office advocating for regulations that would facilitate the right to repair.

The agencies are in favor of consumers and businesses getting to repair their own equipment. The Copyright Office is considering whether to recommend that the Library of Congress renew and expand temporary exemptions to the Digital Millennium Copyright Act’s prohibition against the circumvention of technology protection measures that control access to copyrighted content. In their comments, the agencies said that renewing and expanding repair-related exemptions would promote competition in markets for replacement parts, repair and maintenance services, and facilitate competition in markets for repairable products.

“Promoting competition in repair markets benefits consumers and businesses by making it easier and cheaper to fix the things they own,” the comments say. “Expanding repair exemptions can also remove barriers limiting independent service providers from doing their work.”

SEPTEMBER 22, 2023:

The Agricultural Right to Repair Act was introduced in both the House and Senate, and the legislation is strongly supported by the National Farmers Union.

NFU President Rob Larew says the Right to Repair Act is an important step in the fight to ensure farmers across the country have fair and affordable access to the parts, tools, and information they need to fix farm equipment. “I want to thank the officials who introduced the bill to guarantee farmers the Right to Repair their equipment,” he says. “NFU stands ready to help push this bill forward.”

Right to Repair is a pillar of NFU’s Fairness for Farmers campaign to address the monopoly crisis in agriculture. Just three manufacturers control the majority of farm equipment production, sales, and repairs, and use software locks to prevent farmers and independent mechanics from completing certain repairs. Right to Repair could save farmers $4.2 billion every year.

JUNE 16, 2023:

The American Farm Bureau Federation signed a memorandum of understanding with CLAAS (CLAHS) of America regarding the right to repair. This brings the number of signed MOUs with ag manufacturers to five. Combined, the agreements cover about three-quarters of the agricultural machinery sold every year in the United States.

“The MOU with CLAAS demonstrates our continued commitment to ensuring farmers have access to the tools they need to keep their farms running and America’s families fed,” says AFBF President Zippy Duvall. “Farmers and ranchers are more dependent on technology than ever, and they asked us to find a private-sector solution on the right to repair.”

Eric Raby, senior VP for the Americas with CLAAS says, “We’re providing the promised solutions for our customers’ businesses, as their success and ours go hand in hand.” The agreement means farmers and independent repair shops can now access everything needed to self-repair their machines.

MAY 23, 2023:

The American Farm Bureau Federation signed two more memoranda of understanding with two agricultural equipment manufacturers. The new MOUs were signed by AGCO and Kubota, providing farmers and ranchers the right to repair their own farm equipment. The MOUs, negotiated independently with each manufacturer, follow similar agreements AFBF entered into with John Deere and CNH Industrial Brands earlier this year. The four MOUs cover roughly 70 percent of the agricultural machinery sold in the United States.

AFBF President Zippy Duvall says, “These agreements represent ongoing efforts to ensure farmers have access to the tools necessary to keep their equipment running.” The MOUs set a framework for farmers and independent repair facilities in all 50 U.S. states and Puerto Rico to access AGCO and Kubota manuals, tools, product guides and information to self-diagnose and self-repair machines, as well as support from the manufacturers to directly purchase or lease diagnostic tools and order products and parts.

APRIL 27, 2023:

The National Farmers Union calls the signing of Colorado’s Right to Repair law a win for all farmers and ranchers. Colorado Governor Jared Polis signed the Consumer Right to Repair Agricultural Equipment Act this week (April 25, 2023).

NFU President Rob Larew says, “seeing a bill like this cross the finish line is a testament to the persistence of our members and the need for this issue to be addressed nationally.”

Major farm equipment manufacturers have refused to make the software tools necessary to repair modern tractors, combines, and other farm equipment available to farmers and independent mechanics. This leaves farmers no choice but to take their broken equipment to licensed dealerships, which has led to repair delays and inflated repair costs.

Right to Repair is a key issue in NFU’s Fairness for Farmers campaign, which aims to build fairer and more competitive agricultural markets, and to address the monopoly crisis in agriculture.

APRIL 14, 2023:

Colorado farmers will get the first opportunity to fix their own equipment next year, thanks to newly-approved right-to-repair legislation. Manufacturers will now be required to provide their customers with diagnostic software manuals and other aids.

Colorado is the first U.S. state to approve this kind of law. The “Consumer Right to Repair Agriculture Equipment Act” passed the Colorado Senate 46-14 this week, while the state House passed the bill in February 2023. The bill had bipartisan support as farmers’ profits were squeezed by expensive repairs and rapidly rising input prices.

The legislation mandates that farm machinery manufacturers like Deere and CNH Industrial furnish their customers with diagnostic tools, software documents, and repair manuals beginning on January 1, 2024. Manufacturers must also provide those resources to independent technicians. A Deere spokesman told Reuters that the company supports farmers’ right to repair but believes this bill wasn’t necessary and will carry unintended consequences.

MARCH 10, 2023:

The American Farm Bureau Federation and CNH Industrial brands Case IH and New Holland signed a memorandum of understanding, allowing farmers and ranchers to repair their equipment. The MOU follows a similar agreement Farm Bureau signed with John Deere earlier this year.

“Farmers and ranchers are more dependent on technology than ever before,” says Farm Bureau President Zippy Duvall, “so it’s critical they have access to the tools to keep things running on the farm, so the food supply chain keeps running too.”

The MOU sets a framework for farmers and independent repair facilities in all 50 states and Puerto Rico to access CNH Industrial brand manuals, tools, product guides, and information to self-diagnose and self-repair machines. The MOU respects intellectual property rights and recognizes the need for safety controls and emission systems don’t get altered.

CNH and AFBF will meet semiannually to review the agreement to address any concerns.

FEBRUARY 13, 2023:

DENVER (AP) — Lawmakers in Colorado and 10 other states have introduce bills that would force farming equipment manufacturers to provide the tools, software, parts and manuals needed for farmers to do their own repairs. The bills are a response to farmers unable to repair their own tractors and combines, forcing them to wait sometimes days and paying steep labor costs. The proposition has found pushback from manufacturers worried about releasing trade secrets, the safety of users who could more easily tinker with the software, and the operator’s ability to bypass the emissions controller.

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DENVER (AP) — On Colorado’s northeastern plains, where the pencil-straight horizon divides golden fields and blue sky, a farmer named Danny Wood scrambles to plant and harvest proso millet, dryland corn and winter wheat in short, seasonal windows. That is until his high-tech Steiger 370 tractor conks out.

The tractor’s manufacturer doesn’t allow Wood to make certain fixes himself, and last spring his fertilizing operations were stalled for three days before the servicer arrived to add a few lines of missing computer code for $950.

“That’s where they have us over the barrel, it’s more like we are renting it than buying it,” said Wood, who spent $300,000 on the used tractor.

Wood’s plight, echoed by farmers across the country, has pushed lawmakers in Colorado and 10 other states to introduce bills that would force manufacturers to provide the tools, software, parts and manuals needed for farmers to do their own repairs — thereby avoiding steep labor costs and delays that imperil profits.

“The manufacturers and the dealers have a monopoly on that repair market because it’s lucrative,” said Rep. Brianna Titone, a Democrat and one of the bill’s sponsors. “(Farmers) just want to get their machine going again.”

In Colorado, the legislation is largely being pushed by Democrats while their Republican colleagues find themselves stuck in a tough spot: torn between right-leaning farming constituents asking to be able to repair their own machines and the manufacturing businesses that oppose the idea.

The manufacturers argue that changing the current practice with this type of legislation would force companies to expose trade secrets. They also say it would make it easier for farmers to tinker with the software and illegally crank up the horsepower and bypass the emissions controller — risking operators’ safety and the environment.

Similar arguments around intellectual property have been leveled against the broader campaign called ‘right to repair,’ which has picked up steam across the country — crusading for the right to fix everything from iPhones to hospital ventilators during the pandemic.

In 2011, Congress passed a law ensuring that car owners and independent mechanics — not just authorized dealerships — had access to the necessary tools and information to fix problems.

Ten years later, the Federal Trade Commission pledged to beef up its right to repair enforcement at the direction of President Joe Biden. And just last year, Titone sponsored and passed Colorado’s first right to repair law, empowering people who use wheelchairs with the tools and information to fix them.

For the right to repair farm equipment — from thin tractors used between grape vines to behemoth combines for harvesting grain that can cost over half a million dollars — Colorado is joined by 10 states including Florida, Maryland, Missouri, New Jersey, Texas and Vermont.

Many of the bills are finding bipartisan support, said Nathan Proctor, who leads Public Interest Research Group’s national right to repair campaign. But in Colorado’s House committee on agriculture, Democrats pushed the bill forward in a 9-4 vote along party lines, with Republicans in opposition even though the bill’s second sponsor is Republican Rep. Ron Weinberg.

“That’s really surprising, and that upset me,” said the Republican Wood.

Wood’s tractor, which flies an American flag reading “Farmers First,” isn’t his only machine to break down. His grain harvesting combine was dropping into idle, but the servicer took five days to arrive on Wood’s farm — a setback that could mean a hail storm decimates a wheat field or the soil temperature moves beyond the Goldilocks zone for planting.

“Our crop is ready to harvest and we can’t wait five days, but there was nothing else to do,” said Wood. “When it’s broke down you just sit there and wait and that’s not acceptable. You can be losing $85,000 a day.”

Rep. Richard Holtorf, the Republican who represents Wood’s district and is a farmer himself, said he’s being pulled between his constituents and the dealerships in his district covering the largely rural northeast corner of the state. He voted against the measure because he believes it will financially impact local dealerships in rural areas and could jeopardize trade secrets.

“I do sympathize with my farmers,” said Holtorf, but he added, “I don’t think it’s the role of government to be forcing the sale of their intellectual property.”

At the packed hearing last week that spilled into a second room in Colorado’s Capitol, the core concerns raised in testimony were farmers illegally slipping around the emissions control and cranking up the horsepower.

“I know growers, if they can change horsepower and they can change emissions they are going to do it,” said Russ Ball, sales manager at 21st Century Equipment, a John Deere dealership in Western states.

The bill’s proponents acknowledged that the legislation could make it easier for operators to modify horsepower and emissions controls, but argued that farmers are already able to tinker with their machines and doing so would remain illegal.

This January (2022), the Farm Bureau and the farm equipment manufacturer John Deere did sign a memorandum of understanding — a right to repair agreement made in the free market and without government intervention. The agreement stipulates that John Deere will share some parts, diagnostic and repair codes, and manuals to allow farmers to do their own fixes.

The Colorado bill’s detractors laud that agreement as a strong middle ground while Titone said it wasn’t enough, evidenced by six of Colorado’s biggest farmworker associations that support the bill.

Proctor, who is tracking 20 right to repair proposals in a number of industries across the country, said the memorandum of understanding has fallen far short.

“Farmers are saying no,” Proctor said. “We want the real thing.”

JANUARY 9, 2023:

The American Farm Bureau Federation and John Deere signed a memorandum of understanding today that ensures farmers’ and ranchers’ right to repair their own farm equipment. The MOU, signed at the 2023 AFBF Convention in San Juan, Puerto Rico, is the culmination of several years of discussions between AFBF and John Deere.

“AFBF is pleased to announce this agreement with John Deere. It addresses a long-running issue for farmers and ranchers when it comes to accessing tools, information and resources, while protecting John Deere’s intellectual property rights and ensuring equipment safety,” said AFBF President Zippy Duvall. “A piece of equipment is a major investment. Farmers must have the freedom to choose where equipment is repaired, or to repair it themselves, to help control costs. The MOU commits John Deere to ensuring farmers and independent repair facilities have access to many of the tools and software needed to grow the food, fuel and fiber America’s families rely on.”

David Gilmore, John Deere Senior Vice President, Ag & Turf Sales & Marketing, said, “This agreement reaffirms the longstanding commitment Deere has made to ensure our customers have the diagnostic tools and information they need to make many repairs to their machines. We look forward to working alongside the American Farm Bureau and our customers in the months and years ahead to ensure farmers continue to have the tools and resources to diagnose, maintain and repair their equipment.”

The MOU sets parameters and creates a mechanism to address farmers’ concerns. John Deere commits to engaging with farmers and dealers to resolve issues when they arise and agrees to meet with AFBF at least twice per year to evaluate progress.

The agreement formalizes farmers’ access to diagnostic and repair codes, as well as manuals (operator, parts, service) and product guides. It also ensures farmers will be able to purchase diagnostic tools directly from John Deere and receive assistance from the manufacturer when ordering parts and products.

The MOU has the potential to serve as a model for other manufacturers and AFBF has already begun those discussions.

Read the MOU here.

Justice Department, FTC issue statements supporting Right to Repair

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