Fortune
If you have ever encountered a situation where an attempted repair exceeded your financial or technical capabilities, you are not alone. For decades, the option to repair electronics and household appliances in the United States has dwindled, particularly for products embedded with proprietary software.
This has resulted in numerous paradoxical scenarios. For example, the cost to replace a printer may rival that of purchasing new ink cartridges. Moreover, the U.S. Department of Defense faces challenges in repairing its acquired weapons systems because the associated intellectual property rights remain with manufacturers. In the agricultural sector, John Deere does not permit farmers to access the software necessary for repairing their own tractors, as the sale of the physical equipment does not encompass the software.
Among the various ramifications of these practices are significant environmental concerns. The United States stands as the world's second-largest producer of electronic waste, trailing only China, with an average of approximately 43 pounds (19.5 kg) generated per person annually. Alarmingly, only 25% of this electronic waste is recycled.
In response to these issues, the right-to-repair movement has emerged, advocating for individuals to have the ability to repair their purchased products, or to allow third-party repairs without facing excessive financial, legal, or technical obstacles. The right to repair represents an area of bipartisan support within Congress. Legislative efforts include the Warrior Right to Repair Act introduced in 2025 by a Democrat and the Repair Act introduced by a Republican, both aiming to establish a federal legal framework that simplifies and reduces the cost of repairs for American consumers. These bills, however, face strong opposition from industry groups.
Hollywood and VCRs
The advent and growing popularity of video cassette recorders (VCRs) in the late 1970s fundamentally altered how films and television shows were consumed, transforming them from ephemeral experiences into tangible goods. Despite the potential for additional revenue streams, Hollywood expressed alarm over the ability of consumers to copy films onto videotapes, leading to efforts to curtail the technology. The current restrictions on repairs can be traced back to these initial concerns.
The first copyright provisions in the United States were established in the Constitution of 1790. Throughout the years, amendments have been made to accommodate emerging technologies, but the foundational intent has remained consistent: to safeguard the financial rights of creators while ensuring societal access to information for progressive development.
Until the latter part of the 20th century, the American doctrine of fair use—allowing unlicensed use of protected works under specific conditions—empowered judges to mitigate the adverse effects of copyright law on public interest. This doctrine proved beneficial to various organizations, including public libraries, book clubs, universities, and news outlets. It was subsequently codified in the Copyright Act of 1976.
In 1976, the film studios launched a legal challenge against Sony, seeking to halt the production and distribution of video recorders. Their argument centered on the assertion that Sony’s product facilitated copyright infringement. However, in a landmark decision in 1984, the U.S. Supreme Court ruled that recording television content for personal use did not infringe copyright law, thereby expanding the interpretation of fair use.
Following this ruling, the industry shifted its focus toward technological solutions to combat piracy, alongside advocating for more stringent legal protections for its products.
The digital versatile disc (DVD) was identified as a more secure alternative to VHS tapes. Initially, DVDs functioned as read-only formats, and it took additional years for writable versions to be developed that were affordable for consumers. However, even these proposed solutions ensued complications that were in stark contrast to the simplicity of videotaping. In 1997, shortly after the introduction of the DVD, member studios of the Motion Picture Association of America collectively adopted the format and initiated the transition away from VHS for film distribution.
Copyright and virtual locks
The development of digital rights management (DRM) emerged as a response to these challenges. This term encompasses a suite of technological strategies the industry has implemented to regulate access to content. These strategies include encryption software and different forms of authentication that restrict users' digital activities, such as downloading or sharing files.
Enacted in 1998 under the Digital Millennium Copyright Act (DMCA), which was signed into law by President Bill Clinton, this legislation established a comprehensive legal framework permitting the widespread implementation of technical locks across various domains, extending beyond the entertainment sector to encompass software. The DMCA demonstrated a new concordant relationship between the entertainment and software sectors by intensifying the penalties for online copyright infringement and criminalizing any technologies that circumvent these technological barriers. Critics at the time—and since—warned that the law could hinder innovation and impose higher costs for consumers.
Since the enactment of the DMCA, an increasing number of consumer products—ranging from toys to dishwashers—incorporate microchips and copyrighted proprietary software. Under the provisions of the DMCA, third-party repair services are restricted from modifying or bypassing proprietary software without incurring potential legal liabilities concerning intellectual property infringement, exemplified by the situation surrounding John Deere equipment. Certain electronics are particularly designed to prevent any tampering.
Manufacturers argue that repairs should only be executed by authorized technicians, leading to often steep repair costs. As the cost of repair approaches that of replacement, many consumers opt to discard potentially repairable items rather than repair them.
Rising resentment over repair bans
As technology continues to evolve at a pace that exceeds current legal frameworks, an overwhelming majority—over 80%—of Americans support the right to repair their products. The future remains uncertain as to when, or if, American legislation will adapt to address the unintended consequences of a law originally created to protect the intellectual rights of creative industries, which now detrimentally impacts consumers’ finances.
Share this story