When I was a boy, I loved
spending time with my Uncle Ernest and Aunt Eula on their small
northeast Texas farm. They pulled a frugal living from their 50 acres,
raising a little bit of everything. Doing a lot with little to make ends
meet, Ernest and Eula operated on a principle of frugality expressed in
an old country rhyme: Use it up/ Wear it out/ Make it do/ Or do without.
This
meant that when their tractor broke down, they fixed it themselves.
Likewise, if their old Zenith console radio went on the fritz, they
didn’t just order a new one – they brought out their tool kit and fixed
it.
While the media
and political powers seem blissfully ignorant of the “lifestyles” of
America’s commoners, most families are struggling financially and are
making do or doing without. For this poor-to-middle-class majority,
frugality is not some old-world virtue but a household necessity, and
the “fix-it” ethic is central to their lives. Add to them the millions
of do-it-yourselfers who like to tinker or refuse to be a part of the
corporate system’s throwaway economy.
Today,
just about every manufactured product containing software has no-repair
clauses and/or digital locks. It’s now standard industry practice for
manufacturers to insert a spurious claim into their sales agreements
that the company retains legal possession of key components of the
products they sold to us, and only it can make repairs. To see how
insidious this is, let’s go back to the farm with Ernest and Eula.
My
aunt and uncle would’ve been thunderstruck that a tractor company like
Deere & Company, the world’s largest, can now embed a ban on
do-it-yourself repairs in the fine-print legalese gobbledygook of its
sales contracts. Manufacturers call these devious clauses “End User
License Agreements” – EULA.
Although
buyers technically “own” the Deere tractor, the EULAs define the
software that runs them as its “intellectual property” and asserts
“proprietary rights” to certain parts. Therefore, if “unqualified
individuals” (aka farmers) tinker with their purchases, they can be held
in violation of federal copyright laws.
Hog
stuff! Which syllable in the word “own” don’t they understand? If you
bought it, it’s yours. Period. Congress has passed no laws barring
buyers from opening up, ripping out, adding in, fixing, rewiring,
upgrading or tying bells onto stuff they’ve bought. Deere’s claim to
have a controlling power over people who own its products is a
ridiculous perversion of language, logic and law. Far worse, though, are
the multiple harms done to farmers and others who’ve been led to
believe that Deere’s repairprevention clause is the law:
First,
just hauling your multi-ton tractor to one of the few dealerships or
authorized repair shops can cost beaucoup bucks and invaluable time.
Second,
while Deere will sometimes dispatch a technician for an on-site fix,
the key question is: When? A few days’ delay, especially during planting
and harvesting, can crash a farmer’s bottom line.
Third,
when Deere’s “do-not-touch” proprietary software goes haywire – leaving
a farmer in the lurch with a broken-down tractor – it’s not Deere’s
fault. Ever. The corporation’s lawyers added language to its sales
agreement declaring that farmers cannot sue the manufacturer for “crop
loss, lost profits, loss of good will, [or] loss of the use of
equipment.”
Fourth,
Deere’s licensing scheme is an artificial, corporate-imposed, private
“law” that will squeeze independent shops out of business and allow
Deere to dominate the U.S. tractorrepair market, siphoning money and
skilled jobs out of rural communities and ultimately leaving farmers at
the mercy of a monopolist.
Deere’s
claim of a proprietary right to control the repair of your tractor is
no more grounded in law than the snake oil flimflammers of yesteryear
were grounded in science. Yes, Deere owns the copyrights, patents and
trade secrets involved in creating the software, but you’re not
tampering with, pirating, altering or trying to sell any of those
intellectual properties – you’re just repairing your tractor, and it’s
none of the manufacturer’s business.