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22 Tul. J. Tech. & Intell. Prop. 165 (2020)
The Right to Repair and the Corporate Stranglehold over the Consumer: Profits over People

handle is hein.journals/tuljtip22 and id is 173 raw text is: 





       The Right to Repair and the Corporate

            Stranglehold over the Consumer:
                      Profits over People

                          S. Kyle   Montello*

I.   INTRODUCTION              .............................................. 165
     A.   John  Deere's  War  on Sustainable  Farming   .....     ..... 169
     B.   Apple  Inc., v. Henrik Huseby............             ........ 172
H.   OPPONENTS REASONING AGAINST RIGHT TO REPAIR.......          ..... 174
III. PROPONENTS REASONING FOR RIGHT TO REPAIR ..........          ...... 177
IV.  THE  FUTURE  OF RIGHT  TO REPAIR.       ..............  ............... 183

I.   INTRODUCTION
     Today,  just about everything  you  own  has a computer   chip in it.'
Cars, televisions, coffee makers, refrigerators, and printer ink cartridges
are all embedded   with computers  and  software.2 Without  that software,
these products would  not function.' With the addition of these embedded
computers  and  software, it is now more difficult for individuals to repair
their products.' However,  this difficulty does not arise from any inherent
complexities   within   the  product   itself  but  rather  because the
manufacturers  of these products  do not want  you  tinkering with their


    * © 2020 S. Kyle   Montello. Managing Editor, Tulane Journal of Technology and
Intellectual Property, Volume 22, J.D./M.B.A. candidate 2021, Tulane University; B.B.A. 2013,
Finance, Loyola University of New Orleans. The author would like to thank his friends and family,
in particular his mother Kim and his sister Leah, for their support. Additionally, the author would
like to thank the members of the Tulane Journal of Technology and Intellectual Property for their
hard work and dedication.
    1.   Kyle Wiens, You Bought That Gadget, and Dammit, You Should Be Able to Fix It,
WIRED (Mar. 22, 2017, 6:30 AM), http://www.wired.com/2017/03/right-to-repair-laws/.
    2.   Id; Jason Koebler, Appliance Companies are Lobbying to Protect Their DRM-Fueled
Repair Monopolies, MOTHERBOARD (Apr. 25, 2018, 8:00 AM), http://motherboard.vice.com/en_
us/article/vbxk3b/appliance-companies-are-lobbying-against-right-to-repair; Corynne McSherry,
Want More Competition in Tech? Get Rid of Outdated Computer, Copyright, and Contract Rules,
ELECTRONiC FRONTIER FOuND. (Dec. 20, 2018), http://www.eff.org/deeplinks/2018/12/want-
more-competition-tech-get-rid-outdated-computer-copyright-and-contract-rules.
    3.   Kyle Wiens & Gay Gordon-Byrne, Why We Must Fight for the Right to Repair Our
Electronics, IEEE SPECTRUM (Oct. 24, 2017, 3:00 PM), http://spectrum.ieee.org/green-tech/
conservation/why-we-must-fight-for-the-right-to-repair-our-electronics.
    4.   Id.
                                   165

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