You Should Be Allowed To Fix McDonald’s Ice Cream Machines, Say Federal Regulators

Editors Note: According to our infallible record keeping, this is the 50,000th post published on Hackaday! We weren’t sure this was the kind of milestone that required any drawn out navel-gazing on our part, but it does seem significant enough to point out. We didn’t pick any specific post to go out in this slot, but the fact that it ended up being a story about the right to repair ice cream machines seems suitably hacky for the occasion.


The McDonald’s ice cream machine is one of the great marvels of the modern world. It’s a key part of our heavily-mechanized industrial economy, and it’s also known for breaking down as often as an old Italian automobile. It’s apparently illegal to repair the machines unless you’re doing so with the authority of Taylor, the manufacturer. However, as reported by The Verge, The FTC and DOJ may soon have something to say about that.

Things are coming to a head as the Copyright Office contemplates whether to carve out new exemptions in the Digital Millennium Copyright Act. The legislation is widely reviled by many for making it illegal to circumvent copy protection, an act that is often required to maintain or repair certain equipment. As a result customers are often locked into paying the original manufacturer to fix things for them.

Both the FTC and DOJ have have filed a comment with the Copyright Office on the matter. The language will warm the cockles of your heart if you’re backing the right-to-repair movement.

Changes in technology and the more prevalent use of software have created fresh opportunities for manufacturers to limit Americans’ ability to repair their own products. Manufacturers of software-enabled devices and vehicles frequently use a range of restrictive practices to cut off the ability to do a “DIY” or third-party repair, such as limiting the availability of parts and tools, imposing software “locks,” such as TPMs, on equipment that prevent thirdparty repairers from accessing the product, imposing restrictions on warranties, and using product designs that make independent repairs less available.

The agencies want new exceptions to Section 1201 of the DMCA to allow repair of “industrial and commercial equipment.” That would make it legal to tinker with McDonald’s ice cream machines, whoever you are. The hope is this would occur along with a renewal of exceptions for “computer programs that control devices designed primarily for use by consumers and computer programs that control motorized land vehicles, marine vessels, and mechanized agricultural vehicles.”

Brush up on the finer details of icecreamgate in our previous coverage. This could be a grand time for change. Enough is enough— McDonald’s ice cream machines have been down for too long! Video after the break.

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The Case For A Technology Aware Lobby Correspondent

We cover all manner of stories here at Hackaday, including awesome hardware hacks, the latest trends and inventions, and in-depth guides to fascinating technologies. We also cover a few news stories from the wider world outside our community, usually when they have some knock-on effect that has an impact on us. Recently this last category of stories has included laws which present a threat to online encryption and privacy in the UK and in the European Union, for example. They’re not the most joyful of news, but it’s vital for everyone with an interest in online matters to be informed about them.

A Long And Inglorious History

A quad flat-pack computer chip, made by VLSI
The infamous Clipper chip. Travis Goodspeed, CC BY 2.0

Those of us who have followed the world of technology will know that badly thought out laws with a negative impact on technology have a long and inglorious history. Some like the infamous backdoored Clipper chip encryption device die an inglorious death as industry or the public succeed in making them irrelevant, but others such as the Digital Millennium Copyright Act or DMCA live on for decades and present an ongoing malign influence. Most recently our ongoing coverage of dubious drone stories included a hefty dose of equally dubious action from lawmakers.

When considering these pieces of legislation it’s easy to characterise the politicians who advance them as gullible idiots easily swayed by any commercial lobbyist with a fistful of cash. But the reality is far more nuanced, while some of them may well be tempted by those lobbyists  they are in most cases neither gullible nor foolish. Instead they are better characterised as clueless on technical issues, and thus easily swayed by received opinion rather than by technological reality. If there’s a fault in the system it’s that the essential feedback which provides the checks and balances is missing, and oddly while sitting here writing this story, the responsibility for this comes close to home. The solution doesn’t lie in changing the politicians, but in changing how they are treated by journalists. Continue reading “The Case For A Technology Aware Lobby Correspondent”

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Hackaday Links: September 3, 2023

Right-to-repair has been a hot-button topic lately, with everyone from consumers to farmers pretty much united behind the idea that owning an item should come with a plausible path to getting it fixed if it breaks, or more specifically, that you shouldn’t be subject to prosecution for trying to repair your widget. Not everyone likes right-to-repair, of course — plenty of big corporations want to keep you from getting up close and personal with their intellectual property. Strangely enough, their ranks are now apparently joined by the Church of Scientology, who through a media outfit in charge of the accumulated works of Church founder L. Ron Hubbard are arguing against exemptions to the Digital Millennium Copyright Act (DMCA) that make self-repair possible for certain classes of devices. They apparently want the exemption amended to not allow self-repair of any “software-powered devices that can only be purchased by someone with particular qualifications or training or that use software ‘governed by a license agreement negotiated and executed’ before purchase.

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Will A.I. Steal All The Code And Take All The Jobs?

New technology often brings with it a bit of controversy. When considering stem cell therapies, self-driving cars, genetically modified organisms, or nuclear power plants, fears and concerns come to mind as much as, if not more than, excitement and hope for a brighter tomorrow. New technologies force us to evolve perspectives and establish new policies in hopes that we can maximize the benefits and minimize the risks. Artificial Intelligence (AI) is certainly no exception. The stakes, including our very position as Earth’s apex intellect, seem exceedingly weighty. Mathematician Irving Good’s oft-quoted wisdom that the “first ultraintelligent machine is the last invention that man need make” describes a sword that cuts both ways. It is not entirely unreasonable to fear that the last invention we need to make might just be the last invention that we get to make.

Artificial Intelligence and Learning

Artificial intelligence is currently the hottest topic in technology. AI systems are being tasked to write prose, make art, chat, and generate code. Setting aside the horrifying notion of an AI programming or reprogramming itself, what does it mean for an AI to generate code? It should be obvious that an AI is not just a normal program whose code was written to spit out any and all other programs. Such a program would need to have all programs inside itself. Instead, an AI learns from being trained. How it is trained is raising some interesting questions.

Humans learn by reading, studying, and practicing. We learn by training our minds with collected input from the world around us. Similarly, AI and machine learning (ML) models learn through training. They must be provided with examples from which to learn. The examples that we provide to an AI are referred to as the data corpus of the training process. The robot Johnny 5 from “Short Circuit”, like any curious-minded student, needs input, more input, and more input.

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EARN IT: Privacy, Encryption, And Policing In The Information Age

You may have heard about a new bill working its way through the US congress, the EARN IT act. That’s the “Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020”. (What does that mean? It means someone really wanted their initials to spell out “EARN IT”.)

EARN IT is a bipartisan bill that claims to be an effort to put a dent in child exploitation online. It’s also managed to catch the attention of the EFF, Schneier, and a variety of news outlets. The overwhelming opinion has been that EARN IT is a terrible idea, will make implementing end-to-end encryption impossible, and violates the First and Fourth Amendments. How does a bill intended to combat child pornography and sex trafficking end up on the EFF bad list? It’s complicated.

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DMCA Review: Big Win For Right To Repair, Zero For Right To Tinker

This year’s Digital Millennium Copyright Act (DMCA) triennial review (PDF, legalese) contained some great news. Particularly, breaking encryption in a product in order to repair it has been deemed legal, and a previous exemption for reverse engineering 3D printer firmware to use the filament of your choice has been broadened. The infosec community got some clarification on penetration testing, and video game librarians and archivists came away with a big win on server software for online games.

Moreover, the process to renew a previous exemption has been streamlined — one used to be required to reapply from scratch every three years and now an exemption will stand unless circumstances have changed significantly. These changes, along with recent rulings by the Supreme Court are signs that some of the worst excesses of the DMCA’s anti-circumvention clause are being walked back, twenty years after being enacted. We have to applaud these developments.

However, the new right to repair clause seems to be restricted to restoring the device in question to its original specifications; if you’d like to hack a new feature into something that you own, you’re still out of luck. And while this review was generally favorable of opening up technology to enable fair use, they didn’t approve Bunnie Huang’s petition to allow decryption of the encryption method used over HDMI cables, so building your own HDMI devices that display encrypted streams is still out. And the changes to the 3D printer filament exemption is a reminder of the patchwork nature of this whole affair: it still only applies to 3D printer filament and not other devices that attempt to enforce the use of proprietary feedstock. Wait, what?

Finally, the Library of Congress only has authority to decide which acts of reverse engineering constitute defeating anti-circumvention measures. This review does not address the tools and information necessary to do so. “Manufacture and provision of — or trafficking in — products and services designed for the purposes of circumvention…” are covered elsewhere in the code. So while you are now allowed decrypt your John Deere software to fix your tractor, it’s not yet clear that designing and selling an ECU-unlocking tool, or even e-mailing someone the decryption key, is legal.

Could we hope for more? Sure! But making laws in a country as large as the US is a balancing act among many different interests, and the Library of Congress’s ruling is laudably clear about how they reached their decisions. The ruling itself is worth a read if you want to dive in, but be prepared to be overwhelmed in apparent minutiae. Or save yourself a little time and read on — we’ve got the highlights from a hacker’s perspective.

Continue reading “DMCA Review: Big Win For Right To Repair, Zero For Right To Tinker”

Bunnie And EFF Sue US Government Over DMCA 1201

This morning Bunnie Huang wrote about his reasons for suing the US Government over Section 1201 of the Digital Millennium Copyright Act (DMCA).

The DMCA was enacted in 1996 and put in place far-reaching protections for copyright owners. Many, myself included, think these protections became far-overreaching. The DMCA, specifically section 1201 of the act which is known as the anti-circumvention provision, prohibits any action that goes around mechanisms designed to protect copyrighted material. So much has changed since ’96 — software is now in every device and that means section 1201 extends to almost all electronics sold today.

So protecting copyright is good, right? If that were the only way section 1201 was enforced that might be true. But common sense seems to have gone out the window on this one.

If you legally purchase media which is protected with DRM it is illegal for you to change the format of that media. Ripping your DVD to a digital file to view on your phone while on the plane (something usually seen as fair use) is a violation. Want to build an add-on for you home automation system but need to reverse engineer the communications protocol first? That’s a violation. Perhaps the most alarming violation: if you discover a security vulnerability in an existing system and report it, you can be sued under DMCA 1201 for doing so.

Cory Doctorow gave a great talk at DEF CON last year about the Electronic Frontier Foundation’s renewed push against DMCA 1201. The EFF is backing Bunnie on this lawsuit. Their tack argues both that section 1201 is stiffling innovation and discouraging meaningful security research.

If it’s illegal to write about, talk about, or even privately explore how electronics are built (and the ecosystem that lets them function) it’s hard to really master creating new technology. A successful lawsuit must show harm. Bunnie’s company, Alphamax LLC, is developing hardware that can add an overlay to an HDMI signal (which sounds like the continuation of the hack we saw from him a few years ago). But HDCP would prevent this.

Innovation aside, the security research angle is a huge reason for this law (or the enforcement of it) to change. The other plaintiff named in the suit, Matthew Green, had to seek an exemption from the DMCA in order to conduct his research without fear of prosecution. Currently there is a huge disincentive to report or even look for security vulnerabilities, and that is a disservice to all. Beneficial security research and responsible disclosure need to be the top priority in our society which is now totally dependent on an electronically augmented lifestyle.