The
right to repair is the generalized right to alter or repair technologies at the discretion of the user, including but not limited to farm machinery. As a general rule, OEMs limit who can access vital parts of a technology or how it works.
The capacity to mend broken equipment on one's own or by someone who is not factory-trained is a major problem in the agricultural sector and other industries such as the hospitality and manufacturing industries. There are two considerations here: first, whether or not the equipment can be fixed in a way that does not void the manufacturer's warranty, and second, whether or not the owner or OEM will be held legally accountable in the event of an accident caused by the repair.
The second inquiry is quite pressing. In discussions about the
right to repair, some farmers and groups, like the Repair Association in the United States, which supports full and unrestricted repair rights for consumer goods, have pushed for the right to change electronic tools, not just repair them.
Different levels of government in
Canada and the United States are trying to get ahead of expected problems in the
agriculture business. This makes the movement look like a patchwork quilt.
Canada's Current Status
In Canada,
right to repair laws have been introduced at both the federal and provincial levels. A bill that would have addressed the issue in Ontario was defeated in 2019. The provincial government of Quebec is working on a related bill at the moment.
However, federal copyright laws are inextricably linked to provincial repair rights. Therefore, reforms must be made at the federal level to ensure that individuals have unfettered access to independent repair firms or the option to do repairs themselves. This was one reason why MP Brian May introduced a Private Member's Bill to the House of Commons in early 2021. With a federal election coming up in 2021, the bill to change Canada's current laws was put on hold.
In the meanwhile, on February 8, 2022, Member of Parliament Wilson Miao introduced Bill C-244 to the House of Commons, officially titled An Act to Modify the Copyright Act (Diagnostic, Maintenance, and Repair).
In an interview given in 2021, May explained that the bill was meant to draw attention to "just one single issue in the Copyright Act."
The
right to repair issue won't be resolved immediately, but Wilson Miao said that this is an important step toward allowing provinces to establish their own legislation and avoiding the Copyright Act's potential to nullify their efforts.
The John Deere Debate Concerning the Right to Repair Movement
Historically, the agricultural equipment manufacturing industry has fought back against the right-to-repair movement on various fronts. Furthermore, legal obstacles have increased. Now, class action lawsuits have been filed against
John Deere for alleged antitrust law violations.
But John Deere stated in a statement that it backs farmers' rights to "safely maintain, diagnose, and repair" their equipment by providing the necessary resources. Customers can inspect schematics, code definitions, and other information using a diagnostic tool that John Deere provides. John Deere doesn't want people to be able to change the software on their machines because they worry about safety, pollution, and engine performance.
This year, John Deere has been the target of three lawsuits concerning the
right to repair.
The plaintiffs argue that up until now, John Deere tractor owners were free to seek independent service for their machines. Since Deere is only letting its authorized dealerships and technicians use the software, equipment owners can no longer fix their own equipment.
When tractors and other John Deere equipment break down, farmers are forced to pay a dealer, according to a complaint filed with the
FTC in March by the National Farmers Union, six of its affiliates, Farm Action, and four consumer groups. The groups have asked the FTC to force Deere to stop its "policy of keeping diagnostic software and other information that customers need to fix Deere equipment from them." John Deere has stated that the company does not provide information on ongoing lawsuits.