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Cory Doctorow: Apple Sabotages Right-to-Repair Using 'Parts-Pairing' and the DMCA (pluralistic.net) 112

From science fiction author/blogger/technology activist Cory Doctorow: Right to repair has no cannier, more dedicated adversary than Apple, a company whose most innovative work is dreaming up new ways to sneakily sabotage electronics repair while claiming to be a caring environmental steward, a lie that covers up the mountains of e-waste that Apple dooms our descendants to wade through... Tim Cook laid it out for his investors: when people can repair their devices, they don't buy new ones. When people don't buy new devices, Apple doesn't sell them new devices. It's that's simple...
Specifically Doctorow is criticizing the way Apple equips parts with a tiny system-on-a-chip just to track serial numbers solely "to prevent independent repair technicians from fixing your gadget." For Apple, the true anti-repair innovation comes from the most pernicious US tech law: Section 1201 of the Digital Millennium Copyright Act (DMCA). DMCA 1201 is an "anti-circumvention" law. It bans the distribution of any tool that bypasses "an effective means of access control." That's all very abstract, but here's what it means: if a manufacturer sticks some Digital Rights Management (DRM) in its device, then anything you want to do that involves removing that DRM is now illegal — even if the thing itself is perfectly legal...

When California's right to repair bill was introduced, it was clear that it was gonna pass. Rather than get run over by that train, Apple got on board, supporting the legislation, which passed unanimously. But Apple got the last laugh. Because while California's bill contains many useful clauses for the independent repair shops that keep your gadgets out of a landfill, it's a state law, and DMCA 1201 is federal. A state law can't simply legalize the conduct federal law prohibits. California's right to repair bill is a banger, but it has a weak spot: parts-pairing, the scourge of repair techs...

Parts-pairing is bullshit, and Apple are scum for using it, but they're hardly unique. Parts-pairing is at the core of the fuckery of inkjet printer companies, who use it to fence out third-party ink, so they can charge $9,600/gallon for ink that pennies to make. Parts-pairing is also rampant in powered wheelchairs, a heavily monopolized sector whose predatory conduct is jaw-droppingly depraved...

When Bill Clinton signed DMCA 1201 into law 25 years ago, he loaded a gun and put it on the nation's mantlepiece and now it's Act III and we're all getting sprayed with bullets. Everything from ovens to insulin pumps, thermostats to lightbulbs, has used DMCA 1201 to limit repair, modification and improvement. Congress needs to rid us of this scourge, to let us bring back all the benefits of interoperability. I explain how this all came to be — and what we should do about it — in my new Verso Books title, The Internet Con: How to Seize the Means of Computation.

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Cory Doctorow: Apple Sabotages Right-to-Repair Using 'Parts-Pairing' and the DMCA

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  • by CmdrPorno ( 115048 ) on Saturday September 23, 2023 @10:54PM (#63872345)

    Cory Doctorow wears a cape and goggles when he is blogging:
    https://xkcd.com/239/ [xkcd.com]

  • eu battery rules will force apples hand on that part and will they be able to pull an DMCA to get out of that?

    • eu battery rules will force apples hand on that part and will they be able to pull an DMCA to get out of that?

      I imagine batteries represent a pretty small portion of Apple's total take from their DMCA-protected, planet-destroying extortion racket.

      • I imagine they will have to rethink their "DMCA" secret weapon, since American laws do not apply in Europe.
        • They may not âoeapplyâ, but they still exist.
          Quick story, Bush passed the internet gambling act. So some American businessmen moved to costa rica and started a sports gambling company. They broke US laws and they said they didnâ(TM)t care. Of course the morons got on a plane and went back to the US and were immediately arrested and spent at least 10 years in federal prison.
    • by keltor ( 99721 ) *
      Nothing about this has anything to do with that. Doctorow is just pushing his book.
    • by gweihir ( 88907 )

      No. This crap move may cost them a few 100M EUR though. But I guess some organizations need to be punished before they accept reality.

    • eu battery rules will force apples hand on that part and will they be able to pull an DMCA to get out of that?

      They, or any company, doesn't need to. The law doesn't require batteries to be cheap or independent of other components. Making the battery part of the structure, such as same Samsung did with the Galaxy 22 Ultra [ifixit.com] so it is easily replaceable nut not cheap. Battery design could get moe complex as a way to limit replacement or 3rd part parts.

      The tools section also allows for "commercially available" tools so you could still need to buy a specialized tool.

      Even so, a manufacturer could still serialize parts an

  • by slothman32 ( 629113 ) * <pjohnjackson&gmail,com> on Saturday September 23, 2023 @11:50PM (#63872413) Homepage Journal

    All the people on /. say right to repair is good but then still buy Apple products anyways.
    Is an inconvenience to get away from their products worth more or less than post you are against R2R but "vote" with your dollars anyways by buying Apple?

    • by b0s0z0ku ( 752509 ) on Saturday September 23, 2023 @11:58PM (#63872419)
      Android all the way ... I have a phone with an easily replaceable battery, 3.5mm jack, and SD card, all features that Apple doesn't have. I paid under $150 for it less than a year ago. Moto is awesome.
    • Re: (Score:2, Insightful)

      by derplord ( 7203610 )

      That's because people live in reality where you literally have two choices.

      Buy an Apple phone every 5 years and know it will actually have support (which I do) or buy an Android that may or may not have support for 2 years top and even then the updates can either be sketchy, come whenever (Hello Samsung, never buying one ever again)

      Then the all knowing crowd online will tell you to install some random 'Android variant' that may or may not even have drivers for your phone or doesn't work properly.

      So yeah. I

    • All the people on /. say right to repair is good but then still buy Apple products anyways.
      Is an inconvenience to get away from their products worth more or less than post you are against R2R but "vote" with your dollars anyways by buying Apple?

      --
      Why don't you guys have friends or journals?

      Never paid Apple a single penny for hardware. Not one, not ever. So STFU.

      BTW - interesting sig. Sure you're not projecting just a bit...?

    • R2R is a law in Europe.
      If you can not make similar laws, that is your fault.

      And, yes, I buy Apple products. As they are actually much simpler to repair than the /. crowd or the other idiots claim.

      My Macs are a prime example ... 15 year old and 12 year old ... going strong. Thanx to https://www.drmacbook.com/ [drmacbook.com].

      Ah, and if you ever simply has put a Mac on a table, and used the appropriated screw drivers and opened the back: you would see it for yourself.

  • I don't know bullshit from wild honey about any of this, but I know spiral branding when I see it. "If you haven't been paying attention to my shit, you need to, now, so I can make some money."

    • by Anonymous Coward
      Thanks for broadcasting your total ignorance. That was really interesting and it gave me the insight that I could ignore your opinion without loss. If only I had mod points.
  • state law for POT work even when fed says no it

    • state law for POT work even when fed says no it

      state law for POT work even when fed says no it

      This. Or to put it a little less eloquently:

      A state law can't simply legalize the conduct federal law prohibits.

      Have you noticed a certain state-legal industry growing up (pun intended) around you lately? In California amongst others? Pretty sure it's federally illegal - though with luck that'll change soon.

      I wonder how Apple's gonna handle that. iWeed? Seeds with DRM? Clones with SoCs? No doubt their R&D department has been scrambling (heh) for years. I suppose someone's bound to patent the THC molecule any day now.

      Oh, wait....

      • A state law can't simply legalize the conduct federal law prohibits.

        The Constitution explicitly details what the federal govt is allowed to do. Its duties are enumerated. If its not stated that the federal govt can do something, its implied it can't because it wasn't given the power when it was created by the people it serves. Often cited is the commerce clause, which was intended to prohibit states from imposing tariffs on goods passing through, not a blanked ability to regulate everything trade related. In a nutshell, its illegal for the federal govt to regulate things be

        • We're in this situation"thanks" to FDR and his threat to pack the Supreme Court so that he could give the Federal government complete power. Anti-Constitutional bastard.
          • WADR, we're in this situation (cannabis, not RTR) because Reagan "thought" (read "was convinced by entirely commercial interests, mostly tobacco and pharma") that he could stop all illegal drug usage in the US by conducting a Vietnam-style war against its populace.

            It's worked amazingly well - especially for the non-white members of said populace - don't you think? (/s). Indeed, it was about those non-white members that cannabis was made illegal in the first place.

            You're aware that the US government patented

          • by DarkOx ( 621550 )

            Lincoln, Wilson, and FDR actually are American's worst presidents. You just generally are not allowed to say it.

  • by maorb ( 2578043 ) on Sunday September 24, 2023 @12:46AM (#63872463)

    So what if it remains illegal to make a 3rd party tool that can re-marry paired parts due to the DMCA. If a company HAS a software or hardware tool that is authorized to re-marry parts in a repair context they are required to license it out due to the wording below.

    (c) Except as necessary to comply with this section, this section does not require a manufacturer to divulge a trade secret or license any intellectual property, including copyrights or patents.

    The contrapositive then is "As necessary to comply with this section, this section DOES require a manufacture to... license any intellectual property..."

    Because they're required to *license* the use of the tools this is no longer a TPM* bypass but instead a completely legitimate way to interface and interact with the TPM; it doesn't automatically violate the DMCA to possess or distribute. This is essentially same as why a manufacturer adding the necessary software and keys to a DVD or Blu-Ray player to allow playback is not bypassing the TPM because it's part of the intended function of the TPM, similarly the manufacturing equipment to load this software/keys isn't illegal because it's also authorized to do so.

    *TPM = Techological Protection Measures. This is the acronym used in the DMCA section 1201, DRM is a more specific application of a TPM.

    • Even if they have such a tool (and they may well not!), they can make acquiring, licensing and using such a tool very difficult. In the best case, it remains an extra hurdle.

      Apple has exactly the same motivations - and morals - of any mega-corporation. They, too, dodge all possible taxes. They, too, want you to discard and replace your product every year or two. They, too, collect your data. They, too, do all the evil things of a Microsoft, or a Meta, or a Google. They just have a marketing department tha

    • Nothing about cost (straight fee or other) for said tools/software to do the remarrying. "Sure, we'll give a license to anyone who can post a 100 million bond to ensure....". Even a fraction of that amount will keep just about any small business from being able to get them.

      I guess it is like the 2nd Amendment. Sure I have the right to own a machine gun, a buddy of mine has several. But due to the artificial scarcity imposed by the '86 ban on new registry entries I can buy an AR15 for $500, drill a extra

  • Entirely expected (Score:4, Insightful)

    by paulidale ( 6575732 ) on Sunday September 24, 2023 @12:53AM (#63872469)
    This kind of action was entirely expected. Big companies are going to weasel around all the rules. That this is also helping to "prevent theft" is supposed to make it more palatable to swallow.
    • by mjwx ( 966435 )

      This kind of action was entirely expected. Big companies are going to weasel around all the rules. That this is also helping to "prevent theft" is supposed to make it more palatable to swallow.

      That's why we need to stop rewarding them by buying their crap products.

      I bough an Asus laptop last year, not only do I have a long history of solid, reliable Asus laptops (3 going back a decade, all of which still work but only the newest one can play modern games) they also publish videos on how to do basic repairs and upgrades like installing more RAM or replacing a hard drive.

      My Nokia T10 tablet, the screen broke on it (probably my fault) but I was able to purchase a replacement part on Ali Expres

  • by lpq ( 583377 ) on Sunday September 24, 2023 @02:31AM (#63872527) Homepage Journal

    Isn't (or wasn't? there a DMCA exception for providing compatibility?

  • This post has surprising amount of repairhate comments. If that represents our society, we are doomed. But I doubt that and suspect there is some trollfarm or AI generated hate against repairing your own stuff. I would predict that for humanity to advance/survive, we need to ban nonrepairable devices and practices. And even demand that what can't be repaired is 100% recyclable including all helper chemicals for the whole loop. And the OEMs have the responsibility for the whole loop their product goes throug
  • This behavior has been illegal for something like 100 years now, and the case law settled out decades ago.

    But it will continue until the people responsible spend a year in court trying to avoid a prison sentence. Note that I did not say "company", I said "people", and I did not say "fine", I said "prison". Companies don't exist, they don't commit crimes. People exist, people commit crimes.

    But that won't happen until we have state AGs with balls, and that won't happen until the people voting for them - ak

    • Companies don't exist, they don't commit crimes. People exist, people commit crimes.

      The company at the heart of this issue doesn't exist? Oh my, how disappointing for all those users of (non-repairable) iProducts....

      (/s)

      While I agree in spirit with your post, I guess I have to say it again: I'm charmed by your naivete.

  • I regarded Corey Doctorow of 2017 as perhaps THE bright light of modern sci-fi.

    Corey Doctorow of 2023 is a shambling shell of a writer. He churns out steaming piles of garbage which might as well be ghostwritten by Woke MFAs. It's a sad story... he's somehow adopted the persona of an outrage addicted twitter warrior ("blogger" and "tech activist") in order to pander to his twitter mob. This guarantees sales... but also guarantees that his muse has left and ain't coming back.

    Words cannot describe how ut

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