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Government Hardware

Right-To-Repair Is Now the Law In California (theverge.com) 45

Posted by BeauHD from the major-milestones dept.
An anonymous reader quotes a report from The Verge: California Governor Gavin Newsom has signed SB 244, or the Right to Repair Act, into law, making it easier for owners to repair devices themselves or to take them to independent repair shops. Because California is one of the world's largest economies, this iFixit-cosponsored bill may make it easier for people all over the US to repair their devices. The law, which joins similar efforts in New York, Colorado, and Minnesota, is tougher than some of its predecessors.

Manufacturers must make available appropriate tools, parts, software, and documentation for seven years after production for devices priced above $100. (Less expensive devices only have to have these materials available for three years.) [...] The bill is effective on electronics made and sold after July 1st, 2021. Though the bill is fairly sweeping, there are carve-outs for game consoles and alarm systems. Further reading: Cory Doctorow: Apple Sabotages Right-to-Repair Using 'Parts-Pairing' and the DMCA
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Right-To-Repair Is Now the Law In California More

Right-To-Repair Is Now the Law In California

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  • The bill says nothing about pairing (Score:4, Informative)

    by sconeu ( 64226 ) on Wednesday October 11, 2023 @05:08PM (#63919447) Homepage Journal

    Nothing in the bill about pairing such as used by VW batteries, or by Apple (as reported by Cory Doctorow).

    Not sure how that comes out...

  • Not so sure about the documentation requirements (Score:4, Interesting)

    by MIPSPro ( 10156657 ) on Wednesday October 11, 2023 @05:12PM (#63919451)
    Many times companies don't even have internal documentation for their products or software. It's just an amalgamation of crap from multiple engineers and techies. Producing documentation costs money and time. So, what if it's a small company making an expensive product? I'm suspicious that this is just a way to shut out small companies and favor large ones who can afford to hire an army of tech writers. Also, it addresses documentation, but not the need to get spare parts or be able to engage in reverse engineering. It specifically says that they can still deny to sell you spare parts, they merely have to provide you a written reason (unless I'm reading it wrong). Here's the main section:

    Notwithstanding any other law, every manufacturer of an electronic or appliance product with a wholesale price to the retailer, or to others outside of direct retail sale, of not less than fifty dollars ($50) and not more than ninety-nine dollars and ninety-nine cents ($99.99), shall make available to owners of the product, service and repair facilities, and service dealers, sufficient documentation and functional parts and tools, inclusive of any updates, on fair and reasonable terms, to effect the diagnosis, maintenance, or repair of a product for at least three years after the last date a product model or type was manufactured, regardless of whether the three-year period exceeds the warranty period for the product.

    So, they use the term "sufficient" that seems way too vague. That's subject to a LOT of interpretation by the courts. Here's the part about spare parts:

    A service and repair facility or service dealer that is not an authorized repair provider of a manufacturer shall provide a written notice to any customer seeking repair of an electronic or appliance product before the repair facility or service dealer repairs the product that informs the customer that it is not an authorized repair provider for the product, and shall disclose if it uses any used replacement parts or replacement parts provided by a supplier other than the manufacturer of the product. (f) Nothing in this section shall be construed to require a manufacturer to make available special documentation, tools, and parts that would disable or override antitheft security measures set by the owner of the product without the owner’s authorization.

    So, they don't have to sell you spare parts and they have several outs here if they claim you aren't "authorized". Anyone have a different interpretation? I'm no lawyer.

    • Your assertion doesn't make sense. How would you design and build your complicated device without a blueprints as to how the parts interconnect?
      • Comment removed based on user account deletion

      • Re: (Score:3)

        by tlhIngan ( 30335 )

        Your assertion doesn't make sense. How would you design and build your complicated device without a blueprints as to how the parts interconnect?

        Well, that's just schematics and stuff. Not actual documentation.

        Things like how the parts go together, or how to assemble/disassemble the unit, or what test points do what, or what to test are often rarely compiled into a single document (often they're just a bunch of pages collected in a binder), or a bunch of random notes across a bunch of Slack, Teams chats, bug

        • Just having a schematic diagram and a PCB layout doesn't actually get you much in the end, especially if the assembly is somewhat complex.

          If you actually have both of those things, and the relevant datasheets, you can at least know where everything is. The average hobbyist might find it to be a bit much, but many could figure it out, and in any case it would allow third party businesses to offer repair services. That doesn't guarantee that service will be available, but it does make it possible.

          • The sufficient documentation likely is vague on purpose. It only needs to be sufficient for someone trained laterally to be able to make the repair possible with careful study, it doesn't need to teach you everything from proper grounding and safety practices, to computation theory. It's more like the mechanics technical manual than the part by part tear down and rebuild that enthusiasts make. With the technical manuals then someone else can make the enthusiast instructions.

    • That last blurb just simply states that unauthorized repairers have to tell the end user that they're unauthorized and/or using unauthorized (non oem) parts. Which to me is fair.

      • More than fair - I'm 100% in favor of not allowing fraudulent misrepresentation, whether explicit or implied.

    • Sufficient is more than enough. If a reasonable repairperson can't repair something with replacement parts and the documentation provided, then it's insufficient.

      • Exactly this. Sufficient isn't starting from 0 knowledge and teaching everything required to make a repair. Sufficient is that someone trained in the field should be able to pick it up, take the parts, the documentation, and figure it out. For a car analogy, it's the technical manuals for mechanics vs the part by part tear down manuals that others make for enthusiasts. iFixit is to phone repair as hayden was to car repair. They want enough released to make their job easier, but not so much as to make them i

    • A lot of a law like this is somewhat intentionally vague in part because you can't design a law that incorporates every single edge case so part of this process is going to hashed out in the courts as well as just precedence as companies receive violations to show examples of what is unacceptable. For a lot of things like this though it comes down to just establishing that the companies have to make a good faith effort to comply and in this case help consumers repair their equipment.

      As we see more and more

    • Re: (Score:3)

      by Kisai ( 213879 )

      Nah, you're barking up the wrong tree.

      Ask "why the carve out for game consoles and alarm systems"

      Piracy. Theft.

      In the case of game consoles, it's just kind of absurd you can't fix them. Alarm systems though, these last forever and are mostly already user-serviceable... except the installer codes prevent you from actually fixing them. You need to replace the alarm panel, and then you need to replace everything connected to it that isn't a dumb sensor.

      • And neither is my concern. If piracy is your concern, maybe change your business model so your console can stand on its own legs instead of you having to sell it at a loss and make it up by overcharging on games. Same as for inkjet printer manufacturers. Sell your stuff at a proper price and you don't have to whine about people not buying your overpriced aftermarket junk.

        As for alarm systems and theft, if you have your alarm system repaired by a dimwit (i.e. you do it yourself), you have nobody but yourself

      • Interesting and insightful reply. I didn't think of that or notice that carve-out. Very telling...

    • Doesn’t sound like a problem I have to worry about.

    • Re: (Score:2)

      by Khyber ( 864651 )

      "It's just an amalgamation of crap from multiple engineers and techies."

      Not in an ISO certified shop, it isn't. Everything is documented and traceable, down to what resistor came from what provider, where it goes, the CAD footprint for it, and more.

      Source: I am the ISO controller for the company I work for, that's part of my job as QC lead.

      • I believe you. However, at the risk of being called Captain Obvious I'd point out that most shops aren't ISO. For those that are, compliance might be easier. At least the step to provide docs would be. However, I'm still concerned that this is yet another way to suppress small business for the benefit of the corporate crowd. Anytime measures benefit them and hurt the little guy, I'm thinking: "who benefits?"

    • Then I guess these companies will now have to start to get some documentation process if they want to continue selling their crap in Cali.

      Maybe it will even result in an improvement of quality of their junk.

      • It may result in some good things, true. I'm not wholly convinced the law is a cynically evil ploy to suppress small biz. However, this is Commiefornia we are talking about. So, the odds are pretty good it is such a ploy. Secondly, I'm just noting that they have the whole "You gotta provide docs" thing but more or less completely bitch-out on "you gotta provide parts". So, I'm suspicious, very suspicious, that the authors of this law "worked hard with corporate partners to insure fairness." A little too har

        • How is this targeting small businesses? In my experience, you usually have a much easier time getting stuff documented in smaller businesses than in large corporations where the left hand has no fucking clue what the right one does.

          • It depends on how it gets used in court. One possible scenario is that large corporations start suing small companies for violations of the right-to-repair law because they claim the documentation isn't "sufficient" (as the vague language in the law suggests). These types of things can be used in an anti-competitive scenario. I'm not saying they are or they will be, just that it's possible and the lack of forethought in other areas of the statue (like all the carve-outs for denying a small shop any repair p

    • Most products today use modular components (case, screen, battery, circuit board, motors, etc.) that don't need much documentation to replace so long as you can get the parts. And diagnosing and repairing individual modules is usually not cost effective unless it's something *really* obvious (e.g. exploded capacitor, broken connector, etc).

      The wording could definitely be clearer - but even just "how to open the case without breaking anything" would be adequate documentation for a halfway competent repair p

      • I think you have the correct interpretation of the "authorized service" section. It does look like they can deny a "non authorized" center parts, but again, maybe I'm just misreading the legalese. It'll be interesting to see how it works out in practice. I fully expect the hardware makers to fight it and define the boundaries in court.

  • Carveouts for (Score:4, Insightful)

    by hdyoung ( 5182939 ) on Wednesday October 11, 2023 @06:33PM (#63919553)
    GAME CONSOLES? W T actual F? And alarm systems? That one’s just weird. Guess we know which industries opened their wallets to fuel up the superPACS

    Why not just call it the “ok you guys reeeaalllyyy wanted this now you can spend all afternoon following a 350-step process that only a master technician can hope to do correctly trying to replace a single component on your phone god help you if you nick one if those many thousands of hair-thin electrical connections no warranty will cover it after you’ve cracked it open but yes it’s your device have fun with it FRRREEEEEDDDUUMMMM” law.

    You can be sure Apple will charge you rental and shipping for every specialized tool required. A grand total of 15 disgruntled engineers and 450 social media influencers (i just vomited a bit) will utilize this law. Meh. Whatever. No harm done but nothing improved either.

    • I can't fix even my furnace as no hvac stores would sell parts to me as my EE degree is not enough. But I am ok to change suspension and breaks in my car and drive it on public roads.
      All the laws are messed up to a point of no reason.
      This one will result in another hardly readable insert in the box and that will be it.

    • Guess we know which industries opened their wallets to fuel up the superPACS

      It's well known that Nintendo ponied up the cash to have Japan ban repairs to their products. If anything I'm more surprised the bill doesn't ban repairs on them given Nintendo's litigation history. I'm just glad that the land of the rising Nintendo e-waste pile hasn't managed to start a new trash heap over here. (Yet.)

    • Re: (Score:2)

      by mjwx ( 966435 )

      Why not just call it the “ok you guys reeeaalllyyy wanted this now you can spend all afternoon following a 350-step process that only a master technician can hope to do correctly trying to replace a single component on your phone god help you if you nick one if those many thousands of hair-thin electrical connections no warranty will cover it after you’ve cracked it open but yes it’s your device have fun with it FRRREEEEEDDDUUMMMM” law.

      Yes, but the law really means a master technician can take a look at that documentation and figure out how to do it in 15 minutes with 7 steps using a pen knife, a plectrum and toothpicks... Then post it online so anyone can do it.

  • Munching Popcorn and doing Tequila shots, waiting for the whining and moaning over the increased costs.

    • Increased cost? You mean for the lockout/pairing/protection chips that will ensure you can repair jack shit? Those things are cheap compared to the lost sales it would mean if you could actually repair any of your shit.

      • Increased cost? You mean for the lockout/pairing/protection chips that will ensure you can repair jack shit? Those things are cheap compared to the lost sales it would mean if you could actually repair any of your shit.

        The cost depends on the granularity of the law - I read it, and they attempted to address a bit of that, though I saw a lot of flaws.

        Does repairability mean that batteries are all replaceable? That will have repercussions. Lithium based batteries can get a little spicy if they are pinched. Given liability issues and just how much energy is stored in them, a manufacturer facing penalties would be wise to encase them in plastic. As well, the custom battery shapes will probably be a thing of the past, as r

  • It's gonna be like the "right to copy" (Score:3)

    by Opportunist ( 166417 ) on Thursday October 12, 2023 @05:08AM (#63920107)

    We have a "right to copy" here. Since we pay a fee to our version of the MAFIAA for every piece of hardware that could technically be used to store a copyrighted work (yes, including hard drives), we're allowed to create a copy for personal use. UNLESS of course a copy protection (even if as useless as CSS) is in place, because circumventing copy protection mechanisms is not allowed.

    The net effect is that you have the right to copy, but you can't because every medium is somehow "protected", and even if that protection is easy to thwart, you must not do it. So you pay a pointless fee for a right you can't exercise.

    Rest assured that this will result in similar problems. Hardware will get some sort of chip that is "tuned" or "paired" with the other bits in the device and only if the "pairing" has the blessing of its maker (which you can only get by having it repaired by a licensed repair shop, where repairs will be expensive enough that buying a new one is cheaper) it will work.

    Don't you worry. Companies will come up with a load of creative ideas how to keep you from repairing your crap and buying their next generation junk.

  • I'm pretty confident that newsom wouldn't sign anything that drastically alters the current landscape, because that would cost big money to tech companies like apple or google. Don't expect much. Yeah, now you can buy a manual for repairing your iphone, just pony up $1200, or whatever is more than a new iphone.

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