Not long ago, a shade-tree mechanic with average skills could fix whatever was wrong with your car. These days, cars are far more advanced. On-board computers allow cars to diagnose themselves for most common problems and make engines run more efficiently while squeezing out more power than ever before.

All this advanced technology has put the shade-tree mechanic pretty much out of business. Working on a car today requires advanced training and technical ability. The technology inside and outside the car consists of patented software, chip designs and proprietary systems. But the benefit to consumers has been enormous. These inventions are covered by patents to encourage and reward innovation.

American innovation is dependent on the protection of intellectual property. It encourages innovation by discouraging theft. But there are those who are philosophically opposed to intellectual property protection. Left-leaning public interest law firms and activist groups led by U.S. PIRG, an association of public-interest law firms, have been trying for years to undermine intellectual-property protection through “right to repair” campaigns in state legislatures. During this legislative session they are pushing their anti-innovation agenda in the guise of a “right to repair” advanced medical devices.

In my state, Texas, Rep. Thresa Meza has introduced a bill this session titled the Medical Device Right to Repair Act. This bill would require manufacturers of highly advanced medical devices like MRI machines, CT scanners and PE-scan systems to disclose confidential and patented design and service information.



A “right to repair” sounds reasonable, but forcing manufacturers to disclose their proprietary technologies would erode the incentive for innovation and endanger patients. Today the Food and Drug Administration regulates and monitors medical-device safety. The FDA demands that original equipment manufacturers follow its guidelines regarding software updates, patches and more-comprehensive repair jobs. The uncertified third-party service providers who would conduct repairs if these bills pass aren’t regulated by the FDA. There’s no assurance they will follow FDA standards.

Forcing disclosure of these advanced medical technologies and opening them up to uncertified technicians may also represent a cybersecurity threat. You may be troubled by the idea that voting machines can be hacked, but what about opening up MRI machines and PET scanners? Patients could be endangered by sabotaged medical devices, but they might also suffer from malfunctions that cause inaccurate test results and thus unidentified medical problems. Such concerns also include direct theft of American innovation by bad actors seeking advanced U.S. technology, such as China.

“Right to repair” sounds sympathetic but it’s a wolf in sheep’s clothing. It’s not being pushed by small repair businesses but by ideological public-interest law firms and activists as an attack on intellectual property.

State legislators in Texas and elsewhere would be making a terrible mistake by falling for this bait and switch, risking the health of patients and opening up the medical device industry to dangerous and unfair vulnerabilities.

Mr. Giovanetti is president of the Institute for Policy Innovation.

{I myself have mixed feelings about this issue. Farm equipment and cars are one thing, health is another.}

LINK: https://www.wsj.com/articles/r...59?mod=hp_opin_pos_3

I agree with you. I'm fine with a half trained monkey screwing around with many things like my phone screen but I want fully trained specialists working on other things.

Tell all thet to the farmer that's tractor that's broke down in the middle of a 1000 acre field. He has to call for a dealer mech. to make a sevice call. That probably does't cost to much.

quote:

Originally posted by berto:
I agree with you. I'm fine with a half trained monkey screwing around with many things like my phone screen but I want fully trained specialists working on other things.

A lot of people who are fighting for right to repair are fully trained technicians. A lot are smarter and better than the "authorized" repair people but aren't allowed acess to parts and data required to do a better job of repairing the products that they are more than qualified to work on.

It’s up to the manufacturer to figure out a way to facilitate repairs without divulging their trade secrets. If you sell it to me, I own it.

The post sounds like it was actually written by a lobbyist for manufacturers

quote:

Tell all thet to the farmer that's tractor that's broke down in the middle of a 1000 acre field. He has to call for a dealer mech. to make a sevice call. That probably does't cost to much.

It cost me $750.00 for a service tech. to drive to my tractor. $100.00 per hour rate, plus parts. Yeah it hurts bad. I do all I can on them just to be able to afford the times I can't handle it.

I find the FDA argument ridiculous. If FDA monitors medical devices then presumably they audit hospitals and look at service records for MRI machines. It wouldn’t matter who serviced it. FDA could simply require it be serviced by approved medical device companies. Also the manufacturer could require it be serviced by an authorized tech or void the warranty.

The post sounds like it was actually written by a lobbyist for manufacturers
^^^^^^^^^^^^^^^^^
Author works for a think tank.

quote:

Originally posted by ZSMICHAEL:
The post sounds like it was actually written by a lobbyist for manufacturers

Agree. Right to repair is not a "leftist" issue. What manufactures are really trying to do is limit competition from independent repair facilities outside their contracted dealer network and lock in additional revenue streams by licensing proprietary software and other service and diagnostic tools.

I'm not a techie but the inability to repair or, make serviceable, proprietary printer software led Richard Stallman to create GNU while working at MIT Artificial Intelligence Laboratory. He had the insight to make it open source. This has led to Linux which is, as I understand it, used on the majority of supercomputers in the world, not to mention android phones and a myriad of other things we depend on every day.

Planned obsolescence exists. Whether or not it exists in the medical device field I don't know but it has become so commonplace it wouldn't surprise me. We've come a long way since Jonas Salk and not all of it or the better.

What a load of bunk. Open source spawns an incredible amount of innovation.

Lots of medical equipment is starting to go to Mexico for repair. You’ll wish an American tech could work on it.

quote:

Originally posted by JD DRIVER:

quote:

Tell all thet to the farmer that's tractor that's broke down in the middle of a 1000 acre field. He has to call for a dealer mech. to make a sevice call. That probably does't cost to much.

It cost me $750.00 for a service tech. to drive to my tractor. $100.00 per hour rate, plus parts. Yeah it hurts bad. I do all I can on them just to be able to afford the times I can't handle it.

It gets worse. If you have something like a head gasket failure on your 200,000 dollar Thresher you'll get told you need a new engine, for something in the range of 40-70 thousand dollars. Because just replacing the head gasket would expose that dealer to liability if the mechanic screws up, so they will refuse to do a 1500 dollar repair.

I really have sympathy for Farmers today because they are getting shafted hard. If I were a Farmer today I would not have one single piece of equipment on my farm made after 1990. So what if it doesn't have an air conditioned cab. used a bit more fuel, or lacks GPS guidance to even out the passes. The loss in efficiency will be made up for with the cost of just one single repair on these new space age machines.

IMO what Farmers should be doing right now is getting organized and start boycotting the worst offenders. Stop buying any of that brand with a goal if that manufacturer not being able to sell any of it's equipment. Do that for 2 or 3 years and than manufacturer will either be willing to re-think their right to repair policies or facing bankruptcy. If they go down the tubes, so freaking what. That example will have other manufacturers will be lining up to service the demands and needs of the Farmers concerning economical repairs. If the Farmers fail to do this it will only get worse. Because with the current limitations on repairs the manufacturers are actually incentivized to design and build equipment that breaks down more frequently.

This is a complex issue that involves billions of dollars in profits. The manufacturers of medical equipment such as MRI, CT and PET scanners make a significant portion of their profits from the service of equipment. Where it gets complex is that several of the larger players, GE, Siemens, Philips, etc... have service divisions that secure large contracts with hospitals and hospital groups to not only service their own OEM equipment but also the equipment manufactured by their competitors. These contracts can include break/fix service, routine maintenance all the way up to placing manufacturer’s employees onsite 24x7 to care for the hospitals assets, regardless of who made it. Add to that, there are large 3rd party groups who offer the same services to the hospital markets. And finally, many hospitals employ their own repair techs. There are limits to what a non-OEM technician can do and these contracts have provisions for when the OEM is called in to take over which usually erodes the profits of the service contract holder.


As to the intellectual property aspects, companies spend billions a year in R&D so yes, they are reluctant to disclose certain things and will often not allow their competitors to service the latest breakthrough technology. In most cases, I don’t think the patient or hospitals would want that either. And I wouldn’t dismiss the FDA angle, the red tape and liability involved in manufacturing medical equipment is truly mind boggling.

So, as with most things it’s a major power struggle for profits but it’s certainly not a simple problem to solve.

quote:

Originally posted by 7iron:
The post sounds like it was actually written by a lobbyist for manufacturers

That's because it was written by a lobbyist for manufacturers! It is also very misleading, confusing trade secret protections with patent protection. To get a patent, one must disclose all the "secrets" that make the product work, it is an integral part of the patent application.

Here's a video from someone who has been involved in the right to repair issue for many years now. He brings up many examples from outside his own business including farm equipment repair, medical device repair, automotive repair, etc.

quote:

This is a complex issue that involves billions of dollars in profits. The manufacturers of medical equipment such as MRI, CT and PET scanners make a significant portion of their profits from the service of equipment

Yep it all about money.

Look at the McDonalds Ice Cream Machine fiasco. 25% of the machine makers profit comes from service calls.

The REAL Reason McDonalds Ice Cream Machines Are Always Broken

I have *heard* that it is illegal to MRI an Apple iPhone. Not sure why.

** from the mri technician

quote:

Originally posted by bigwagon:

quote:

Originally posted by ZSMICHAEL:
The post sounds like it was actually written by a lobbyist for manufacturers

Agree. Right to repair is not a "leftist" issue. What manufactures are really trying to do is limit competition from independent repair facilities outside their contracted dealer network and lock in additional revenue streams by licensing proprietary software and other service and diagnostic tools.

I'm in total agreement with this.

In the automotive industry this has been an ongoing issue since the mid to late 2000's, basically locking out a DIY from even replacing a power window switch on many GM vehicles. Yes, many GM vehicles require a programming of replacement window switches for full functionality.

I can understand locking down programming on emissions and ABS systems as a matter of liability and safety but a window switch? I questioned that many times during the last years I worked in dealerships. Out and out money grab on the part of manufacturers and dealerships.

Kind of like the software programmed into the vehicle for the remote starter option on many vehicles. Even though you paid for the vehicle and it is your property you do not "own" the hidden software necessary for that function. For example, you purchase a factory accessory remote starter kit. You get a package with two transmitters and a code for the dealership to use for unlocking the hidden software that is accessible with the dealership diagnostic equipment.

It's there from the factory and even though you paid for it when you bought the vehicle you are not going to get access unless you pay again.