Right to Repair - Addressing Consumer Protection and Affordability

Should you be allowed to repair the products you buy? Of course you should - you own them.

But times are changing. 

In the past decade corporations like Apple, John Deere, and multiple medical equipment companies based in the USA have thrown up barriers and made efforts to prevent purchasers of their products from being able to repair them, either by themselves or by non-approved parties .

As an example, this article will focus on John Deere and the servicing of their agricultural equipment. 

Many farmers and ranchers are "jacks of all trades" and generally are quite good at repairing their own equipment. They do so to reduce operation costs and convenience of not having to coordinate and wait on a repair shop. This has been the norm ever since they started purchasing Model A tractors 100 years ago. Recently, however, John Deere has initiated a policy whereby farmers must sign a license after buying a machine.

They must agree that the machine will only be repaired by an approved repairman in an approved repair shop using approved parts. John Deere requires that you plug into a USB and use their own diagnostic software in order to troubleshoot the issue with the machine.  

The following is an excerpt from John Deere's official statement on the issue.

"Software modifications increase the risk that equipment will not function as designed. As a result, allowing unqualified individuals to modify equipment software can endanger machine performance. In addition to Deere customers, dealers and others, resulting in equipment that no longer complies with industry/safety environmental regulations."

Having myself been a Ford dealer's son, I know all too well where the profit was in our family business. Sales of vehicles were a typically a tight margin business, but the sales of parts and accessories, as well as service were what kept the family in business. If the Fords that were sold had to be repaired in our dealership solely, naturally this would have been relished as we would not have had to compete with local car garages and this would mean increased business and profit.

So, I understand why John Deere and its Dealer Principles would welcome these repair restrictions. But is it fair to the consumer?

These arguments made by John Deere, Apple, and others have been viewed by many industry and consumer groups as disingenuous and motivated by profit and somewhat monopolistic rather than concern for how their machines perform or safety issues for those repairing the equipment.

The Canola Council of Canada as well as other stakeholders, have been active in the advocacy regarding these necessary protections to producer groups and consumers. 

In the past few years, many countries including the UK, USA and now Canada have produced their own versions of "Right to Repair" legislation. In Canada, the amendments to the Competition Act Bill C-59 "refusal to deal", Copyright Act C-244 "diagnose maintenance and repair" have been made.

The consultation regarding the "right to repair" with Canadians is ongoing. 

“Additionally, and as part of this consultation, Agriculture and Agri-Food Canada will hold targeted roundtable discussions focused on interoperability and farm equipment, and the distinct considerations related to this product category of repairability." -Canada.ca

"Canadian consumers expect their digital devices and home appliances to last for a long time and be repairable. The public consultation will leverage the skills and knowledge available to guide our efforts to provide Canadians with a right to repair and, ultimately contribute to make life more affordable." The Honorable François-Philippe Champagne, Minister of Innovation, Science and Industry.

As a society we are often navigating how many restrictions we should impose on industry to protect consumers. There is not only one company selling phones or one company selling lawn mowers and tractors. Consumers can vote with their wallets and choose other brands with which to conduct business.

In these cases, the government sided with consumers over big business. Whether they hit or missed the mark - that is up to you. 

Now, who moved my impact wrench?