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United States

New York Breaks the Right To Repair Bill as It's Signed Into Law (theverge.com) 78

An anonymous reader shares a report: New York governor Kathy Hochul signed the Digital Fair Repair Act on December 28th, 2022, and the law will go into effect on July 1st, 2023 -- a full year after it was originally passed by the NY State legislature. The bill establishes that consumers and independent repair providers have a right to obtain manuals, diagrams, diagnostics and parts from original equipment manufacturers (OEMs) in order to repair their own devices. However, the bill was meaningfully compromised at the last minute by amendments that give OEMs some convenient exceptions and loopholes to get out of obligations that many right to repair advocates had been hoping for.

One of the most controversial adjustments in the signed law is that it allows OEMs to sell assemblies of parts instead of individual components if they choose to. The bill also won't require OEMs to provide "passwords, security codes or materials" to bypass security features, which is sometimes necessary to do to save a locked, but otherwise functionally fine device. This makes the bill "functionally useless," according to Louis Rossmann, a repair technician who has been a fierce advocate of toothy right to repair legislation. Rossmann responded today to the amended bill with a video full of detailed analysis and criticism. Hochul claims in her signed memorandum that the bill was amended to lessen the risk of physical harm or security issues while making repairs, an amendment that Rossman calls "bullshit" and expects manufacturers to exploit in circumvention of the spirit of the bill.

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New York Breaks the Right To Repair Bill as It's Signed Into Law

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  • by Alain Williams ( 2972 ) <addw@phcomp.co.uk> on Thursday December 29, 2022 @12:23PM (#63166046) Homepage

    received a donation "for research" at the last minute ?

  • by mysidia ( 191772 ) on Thursday December 29, 2022 @12:44PM (#63166072)

    I manufacture a device. I can sell "replacement" parts in the form of $300 assemblies in the event a $5 part goes bad.

    Then after you buy the assembly I can charge you a $500 "Activation fee" for a serial number granting you a one-time license to Pair a new assembly with a CPU. After $800 in fees plus labor... You will instead just opt to buy a new $800 phone from me.

    • by jenningsthecat ( 1525947 ) on Thursday December 29, 2022 @12:58PM (#63166106)

      I manufacture a device. I can sell "replacement" parts in the form of $300 assemblies in the event a $5 part goes bad.

      Then after you buy the assembly I can charge you a $500 "Activation fee" for a serial number granting you a one-time license to Pair a new assembly with a CPU. After $800 in fees plus labor... You will instead just opt to buy a new $800 phone from me.

      Good point. However, whenever any company tries to aggressively ass-rape me in that way, they never again receive any money from me, and I do my level best to warn others. If everyone treated these fuckers that way, the world would be a much freer and better place.

      • STONKS!

      • by Tora ( 65882 ) on Thursday December 29, 2022 @01:08PM (#63166140)

        I presume you don't buy anything from Apple, as this is their modus operandi :D

        • by blackomegax ( 807080 ) on Thursday December 29, 2022 @01:30PM (#63166186) Journal
          I only buy used thinkpads. Once a new-ish model goes off lease from that models business deployment numbering in the millions, they all flood ebay, and lower the average price of the laptop from 2000 dollars to 200-400. (current laptops sitting in that curve are the T480, etc. quad core CPU, takes 64gb ram max, nvme, beasts of laptops coming from my X230)

          This also results in PARTS for those laptops bottoming out in price for a long, LONG time. A new 1080P IPS screen for a T480 only costs 40 buckaroos on ebay. A whole mobo is maybe a hundo.

          Point being you don't need to rely on the manufacturer for repair parts, sometimes the bulk of the used market will take care of it for you.

          Apple, though, is always fucked. Avoid.
        • I'm gonna ask for a citation, please. I have a few Apple devices, and I haven't had anything close to that experience. I've also repaired almost 100 Apple devices - iPhones and iPads - and have never had to pay an activation fee for a part for a customer to use their mobile device after repair.
          • I'm gonna ask for a citation, please. I have a few Apple devices, and I haven't had anything close to that experience. I've also repaired almost 100 Apple devices - iPhones and iPads - and have never had to pay an activation fee for a part for a customer to use their mobile device after repair.

            https://www.youtube.com/watch?... [youtube.com]

            Guy takes several iPhones, identical models, and swaps parts, and shows that various things about the device stop working.

            You're right though there's no activation fee, because it's not even for sale. There's no solution. OP was being facetious, giving a premonition of the future.

          • by mysidia ( 191772 )

            and have never had to pay an activation fee for a part for a customer to use

            No.. The current situation is the part is not available at all. The activation thing is a sort of thing OEMs might entertain After the right to repair law as a means of malicious compliance and fully exploiting the loophole If they don't fully satisfy themself with the "allowed to provide the battery as only a larger expensive assembly for Safety or Security reasons" exception - they can dip into both methods of maliciously

            • At the risk of appearing to sound like a fan-boi, part availability is a fact of life. I recently had a friend ask if I could replace their broken Samsung Galaxy screen, but could not find the part through a reputable supplier. I had to turn it down. And it's not just electronics. Have you looked for parts for bicycles that are 10 to 12 years old? It's getting harder to find those, too, since manufacturers want to sell the latest and greatest. Don't repair that derailleur: buy a new one! God help you
              • by mysidia ( 191772 )

                At the risk of appearing to sound like a fan-boi, part availability is a fact of life. ..

                Continuous part availability for old equipment is Not what right to repair was even about though. After all the compromises they'd made the requirement was to be for any parts available to the Manufacturer to also be available for 3rd party repair.

                If the unit's out of warranty and the Manufacturer doesn't make or have the parts available from themself, Then they would not be required to supply the parts, either.

        • by mjwx ( 966435 )

          I presume you don't buy anything from Apple, as this is their modus operandi :D

          As a matter of fact, I do not buy any thing from Apple for this (and many other) reasons.

          I once tried to replace the screen on my Nexus 4, the part was $40, however I'm pretty sure I ballsed up the repair job. OTOH, I bought a new Asus laptop recently, replaced the SSD with a better model and added an additional 8 GB of RAM without a hitch.

      • Good point. However, whenever any company tries to aggressively ass-rape me in that way, they never again receive any money from me, and I do my level best to warn others. If everyone treated these fuckers that way, the world would be a much freer and better place.

        Yeah, I'm not seeing Apple changing its tune...

      • by mysidia ( 191772 )

        Good point. However, whenever any company tries to aggressively ass-rape me in that way..

        The average end consumer won't become aware of what's happening here - Only that whichever repair shop they called for an estimate will tell them the motherboard needs replaced. The customer is not likely to have a long discussion with the retailer over the state of the repair market or the fact that the repair could have cost $100 instead of $1000, But the manufacturer still refuses to sell or let them install the

    • This is actually sane compared to the appliance market, you need a part more than 3-5 years after production? Tough luck, a “refurbished” part pulled from some similar broken model is often half the cost or more of a new appliance and it’s always fun when your part arrives still broken and no one ever verified it works.

      How about if companies keep whining that their profits will be hurt stocking parts and having repair transparency then force companies to adopt a modular design. My gues
      • The shutter in my Canon M50 that I use for travel died prematurely but outside the warranty. I was quoted around $250, almost half of what a new Mark ii body costs.

        Eventually I found a replacement part on Aliexpress for $70 and even doing it for the first time it took me about an hour. Pretty fiddly with lots of similar but different enough screws and ribbon cables, but no bullshit like glued components.

        This time I lucked out with the Ali spare, but it's now up to $110. I'd be great if they just sold you th

      • by PPH ( 736903 )

        Something like this happened to me. Drain pump went out in a (very nice) dishwasher. The model was no longer in production or supported for spares. I tried to ask about a 'generic' replacement pump. And I could actually sense the fear in the appliance parts sales people. They are not permitted to bypass or even suggest alternatives. I suppose for liability purposes.

        So I went down to the local hardware store and bought a fountain pump and a few hose adapters. Put it in and it works fine. But I'm surprised t

  • by sjames ( 1099 ) on Thursday December 29, 2022 @12:58PM (#63166108) Homepage Journal

    Mustn't touch, you could hurt yourself little boy.

    Said by the same corporations that whine about the nanny state when they're required to install guard rails around a vat of strong acid.

    • What is this? Vat of acid again? - Morty For contractual reasons, I can't describe the customer/product, but they only put up guard rails AFTER an employee dies. 400-500 employees on 1 of many such sites. There's a duct taped piece of printer paper with "Don't Open This Door". The door is 30' up and has nothing but a dropoff onto machinery under it. But let's not trust a consumer to replace a screen or battery....wtfe
      • by bn-7bc ( 909819 )
        Just lick the damed door and give the kee to the person responsible for health and safety, that shuld sort the issue out, hmm I wonder why no one has already done that?
  • Rossmann's beef is mostly with big corporations like Appple. And the thing with big corporations is, they also sell in countries and territories that aren't utterly corrupt like the US. Particularly Europe.

    So it's just a matter of waiting for Europe to enact sane right-to-repair bills, then Rossmann will be able to purchase his individual components from European resellers. Sure the resellers will scalp him on the price, and he'll pay through the nose for shipping and import duties. But even paying $50 for

    • by grmoc ( 57943 )

      Sadly, this won't work, since the American versions of the HW, due to FCC regulations, will be different (and locked), and will use that as an excuse to not accept any EU versions of the HW.

  • There's some irony in an American politician citing safety as a concern when Americans still have the right to bear arms. The ease at which you can own and even public carry a gun in the USA is of much more of a safety concern than burning yourself with a soldering iron. The excuses that Kathy Hochul gave as the reasons for the amendment were all found to be lobbyist bullshit with no foundation by a FTC report in relation to the Executive Order Biden signed on right to repair earlier this year. If the FTC w
  • > One of the most controversial adjustments in the signed law is that it allows OEMs to sell assemblies of parts instead of individual components

    Yes, you can buy the repair kit for your phone, its $1099. All you have to do is swap the SIM card.

    Aren't laws great?

    • by narcc ( 412956 )

      It's a step in the right direction. We can and will improve things. In the mean time, some honest companies might actually do the right thing, and follow the spirit of the law.

      No, I haven't been eating strange mushrooms. Why do you ask?

  • I hope every politician in New York and around the country views Louis' video commenting on this bull shit revision. The finger he gives at the end says it all. I'm a competent electronics technician that could repair most anything with a valid schematic and available parts. These two requirements have been missing for decades now. Building devices to be non-repairable and hit the land-fill after a few years is absolute bull shit. Your government is in the pockets of these shit head companies folks. It does
  • The Democrats are heavily in the pocket of big tech. Just look at the donation breakdown by party. Big tech stands to reap the most gain from blocking a true right to repair, so it's completely unsurprising that a Democratic governor would do this.

I use technology in order to hate it more properly. -- Nam June Paik

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