38C3: Lawsuits Are Temporary; Glory Is Forever

One of the blockbuster talks at last year’s Chaos Communications Congress covered how a group of hackers discovered code that allegedly bricked public trains in Poland when they went into service at a competitor’s workshop. This year, the same group is back with tales of success, lawsuits, and appearances in the Polish Parliament. You’re not going to believe this, but it’s hilarious.

The short version of the story is that [Mr. Tick], [q3k], and [Redford] became minor stars in Poland, have caused criminal investigations to begin against the train company, and even made the front page of the New York Times. Newag, the train manufacturer in question has opened several lawsuits against them. The lawsuit alleges the team is infringing on a Newag copyright — by publishing the code that locked the trains, no less! If that’s not enough, Newag goes on to claim that the white hat hackers are defaming the company.

What we found fantastically refreshing was how the three take all of this in stride, as the ridiculous but incredibly inconvenient consequences of daring to tell the truth. Along the way they’ve used their platform to speak out for open-sourcing publicly funded code, and the right to repair — not just for consumers but also for large rail companies. They are truly fighting the good fight here, and it’s inspirational to see that they’re doing so with humor and dignity.

If you missed their initial, more technical, talk last year, go check it out. And if you ever find yourself in their shoes, don’t be afraid to do the right thing. Just get a good lawyer.

FTC Rules On Right To Repair

A few days ago, the US Federal Trade Commission (FTC) came out with a 5-0 unanimous vote on its position on right to repair. (PDF) It’s great news, in that they basically agree with us all:

Restricting consumers and businesses from choosing how they repair products can substantially increase the total cost of repairs, generate harmful electronic waste, and unnecessarily increase wait times for repairs. In contrast, providing more choice in repairs can lead to lower costs, reduce e-waste by extending the useful lifespan of products, enable more timely repairs, and provide economic opportunities for entrepreneurs and local businesses.

The long version of the “Nixing the Fix” report goes on to list ways that the FTC found firms were impeding repair: ranging from poor initial design, through restrictive firmware and digital rights management (DRM), all the way down to “disparagement of non-OEM parts and independent repair services”.

While the FTC isn’t making any new laws here, they’re conveying a willingness to use the consumer-protection laws that are already on the books: the Magnuson-Moss Warranty Act and Section 5 of the FTC Act, which prohibits unfair competitive practices.

Only time will tell if this dog really has teeth, but it’s a good sign that it’s barking. And given that the European Union is heading in a similar direction, we’d be betting that repairability increases in the future.

Thanks [deshipu] for tipping us off on this one!