For those who frequently visit their local McDonald’s, finding the franchise’s ice cream machine broken down is not an aberration but a frequent event. Incidentally, these machines break down quite often, likely because the McFlurry is among the top-selling menu items for the leading burger chain. This may not be the case for long as a new copyright rule is making it drastically cheaper and easier for franchise owners to fix their own ice cream machines, lowering downtime.

For context, in 1998, Congress added a section to the Digital Millenium Copyright Act (DMCA), which made it illegal to “circumvent a technological measure that effectively controls access to” a work protected by copyright. While the section was expected to protect copyright holders, it was exploited by some companies (like McDonald’s) to create a monopoly on repair.

New Ruling Comes as a Win for Right-to-Repair Activists

Meanwhile, new exemptions to the DMCA have come into effect starting today. While the new rules are not specific to McDonald’s ice cream machines, they are quite broad with these machines falling under one of the exempted categories.

Specifically, the ruling from the United States Copyright Office grants exemption to “Computer programs that are contained in and control the functioning of lawfully acquired equipment that is primarily designed for use in retail-level commercial food preparation when circumvention is a necessary step to allow the diagnosis, maintenance, or repair of such a device, and is not accomplished for the purpose of gaining access to other copyrighted works.”

The ruling came as a victory for right-to-repair activists who have been campaigning to enhance the ability of consumers to repair their own products. Manufacturers use various tactics like software locking to ensure that customers have to come back to service products for a hefty fee.

Even McDonald’s Knows Its Ice Cream Machines Break Down Often

The constant state of disrepair of McDonald’s ice cream machines has been the butt of countless jokes and even the company acknowledged these in a tweet. Some critics take it quite seriously, calling it a “conspiracy” by a company named Taylor Company which has supplied the bulk of these ice cream machines to McDonald’s stores. The company had a total monopoly on machine repair and it charged high fees.

https://twitter.com/mcdonalds/status/1293189912913743877?lang=en

Notably, a startup named Kytch came up with an internet-connected gadget that could help McDonald’s franchisees repair ice cream machines on their own. However, in November 2020, McDonald’s warned franchisees to not use Kytch terming it a security hazard for store staff.

The issue of McDonald’s ice cream machines breaking down frequently also made way to the polarized and supercharged US presidential election with Donald Trump tweeting that these would “work great again” if he wins – a reference to his MAGA (Make America Great Again) campaign.

https://twitter.com/realDonaldTrump/status/1850326584537858393

Why do McDonald’s Ice Cream Machines Break So Often

The frequency of McDonald’s ice cream machines breaking down is higher than at rival fast food chains like Wendy’s. There is also a website named McBroken dedicated to tracking the breakdown of ice cream machines at McDonald’s stores and according to the website 15% of the machines are currently broken. However, the portal puts a disclaimer saying it does not guarantee the data.

breakdown
Source

On its part, Taylor Company says, “With our vast distributor network, we have people in every corner of the globe. That means prompt, personal service is always right around the corner.” However, in some cases, McDonald’s stores complain that they wait for weeks before their calls to repair the ice cream machine are attended to.

While this is a frustrating case for those who enjoy McDonald’s ice cream, the company is far from the only one to take advantage of lax right-to-repair laws in the US.

Multiple companies have faced the ire of right-to-repair activists for forcing consumers to pay for official repairs. Even in cases where companies have granted equipment buyers the right to repair, many buyers have faced difficulties repairing them.

For instance, the tractor giant John Deere granted buyers the right to repair their tractors last year but customers allege that that the diagnostic provided to farmers is far more complex than what the company provides its dealers with.

YouTuber Louis Rossman, one of the most popular right-to-repair advocates, has covered this topic in depth in his videos if you’re interested in learning more.

Activists Want More Progress on Right to Repair

Meanwhile, the ruling about McDonald’s stores being able to repair the ice cream machines is a welcome step forward even as it is a battle half won. Elizabeth Chamberlain of iFixit – a company that sells spare parts and provides DIY repair guides – was upbeat on the ruling but wants more action on the front. “This is a big win—and we’ll be celebrating with ice cream! —but copyright law still needs fixing before we’re free to fix everything we own,” said Chamberlain.

Public Knowledge, along with iFixit, listed McDonald’s ice cream machines made by Taylor Company as an example in its petition to the authorities.

Meredith Rose, senior policy counsel at Public Knowledge also echoed similar views as Chamberlain and said, “They ended up granting us the commercial food prep because the evidence was pretty uncontrovertible.” She added that although Public Knowledge was “disappointed that the register recommended a narrower exemption than we had proposed, this does not soften our enthusiasm.”

All said, while right-to-repair activists have a long road ahead as they take on big corporations, they can count on some victories over the way, with the recent ruling being one of the major ones.