Along with my colleagues @clairekelloway and @sandeepvaheesan, I am delighted to announce the release of the latest report from @openmarkets

#RightToRepair #antitrust

https://openmarketsinstitute.org/reports/fixing-america-breaking-manufacturers-aftermarket-monopoly-restoring-consumers-right-repair/

In the early 20th Century, some of America’s most widely used products such as the Model T, Western Electric telephones, the Apple II, along with other products such as refrigerators were intentionally built to be open, accessible, repairable, and built to last.

However, over the past 70 years, product manufacturers have implemented a series of ever more restrictive repair practices. We assert that “When consumers cannot repair, modify, or tinker with the goods they have rightfully purchased, consumers do not fully own their products.”

Repairable products ensure that individuals actually own what they have purchased. So they can modify it and tinker with it in any way they see fit. In fact, some of our nation’s greatest inventors were tinkerers able to take advantage of the open design of products.

My favorite inventor I researched was Robert Kerns, who developed the intermittent windshield wiper after a cork left him blind in one eye and tinkered with three different sets of parts, and also won major patent suits against the car manufactures have they stole his invention.

Manufacturers now use software locks, specialized tools, predatory product designs, and restrictive contracts to prevent consumers and independent repair shops from fixing products. Manufacturers extract substantial profits from consumers, in some cases over 30% of their total.

The consequences of this restricted environment are substantial. Consumers pay more. Our landfills increase with more e-waste. Supply chains become concentrated and fragile. Communities become less resilient. And innovation degrades.

There are available solutions and unlike other areas of #antitrust law, the case law is quite favorable. The easiest solutions involve the @FTC to wake up and start enforcing the law.

More specifically we assert that the @FTC should:

1. Enforce the Magnuson-Moss Warranty Act.
2. Use existing and favorable case law against Exclusive Dealing and Tying.
3. Use its broad rulemaking powers to prohibit exclusionary designs and refusals to deal.

Lastly, as a co-author of this report, I know we are grateful for the thoughtful and thorough feedback from @nProctor of @USPIRG, @kwiens of @iFixit, and @prilkit of @EFF. Their commentary was invaluable. Give them a follow and read their work.