You can finally fix McDonald's ice cream machines yourself

By Alicia Griffin

The US Copyright Office reviews the exceptions to the Digital Millennium Copyright Act (DMCA) every three years. In the 9th Exceptions Review Report released on October 28, 2024, it became legal for ordinary citizens to repair 'commercial food preparation equipment, including McDonald's ice cream machines.'

(PDF file)Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
https://public-inspection.federalregister.gov/2024-24563.pdf

Victory Is Sweet: We Can Now Fix McDonald's Ice Cream Machines - iFixit
https://www.ifixit.com/News/102368/victory-is-sweet-we-can-now-fix-mcdonalds-ice-cream-machines

The DMCA, codified at Title 17 , United States Code, Section 1201, generally makes it illegal to circumvent 'technological measures' used to prevent unauthorized access to copyrighted works, such as books, movies, games, and computer software. However, because prohibiting circumvention of technological measures may adversely affect users' ability to use certain types of copyrighted works in a non-infringing manner, the DMCA reviews its exceptions every three years to consider exemptions from the prohibition for such users.

One of the issues in the 9th review of the exceptions is the 'right to repair.' The right to repair is the idea that the situation in which 'only manufacturers can repair electronic devices such as smartphones' is suspected of violating antitrust laws, and that legal restrictions and the opening up of technology and tools should be made available so that repairers and consumers themselves can repair them. It is becoming more widespread, with legislation being enacted in New York on July 1, 2023, the European Parliament adopting the right on April 23, 2024, and Apple and Google expressing their support.

One topic that is often mentioned in relation to the right to repair is McDonald's ice cream machines. Ice cream is one of the most popular items at McDonald's in the United States, but according to a website that records ice cream machine failures , at the time of writing, 14.72% of stores in the United States had broken ice cream machines, and in New York alone, 32% of stores were broken. The cause of this is related to the right to repair, which means that only certain repair companies can repair the machine, and the store cannot repair it, and in the past, the Federal Trade Commission has launched an investigation into this issue.

Federal Trade Commission to investigate why McDonald's ice cream machines break down so frequently - GIGAZINE

by Mike Mozart

iFixit , known for quickly disassembling the latest gadgets as they are released, has been petitioning the US Copyright Office to establish the right to repair all home appliances and digital products so that users can manage them. In the 7th review of the exceptions, it won exemptions for smartphones and home appliances, and in the 8th review of the exceptions, it won exemptions for consumer devices, cars, and medical devices. iFixit has beenpetitioning authorities to repair McDonald's ice cream machines since around August 2023, and in the 9th review of the exceptions, it has finally reported that it is now possible to freely repair ice cream machines.

Retail-level commercial food preparation equipment has digital locks embedded in the machine's software that prevent retail store owners from troubleshooting or repairing it themselves. These locks are protected by the DMCA, making it illegal to circumvent the software locks, which are 'technological protection measures,' even for legitimate repairs. However, a new exemption granted by the Copyright Office makes it legal to circumvent software locks on commercial food preparation equipment. This exemption goes beyond ice cream machines, and also includes commercial espresso machines and commercial ovens in restaurants.

However, even if it becomes legal, repairing ice cream machines would still be problematic, iFixit points out. Although it is now legal to circumvent digital locks, the ruling does not change the basic law that makes it illegal to share or sell tools to circumvent software locks. Therefore, the exemption for commercial food preparation equipment will remain theoretical in most cases, unless the company has in-house repair specialists.

And while an exemption for retail-level food equipment was secured, a broader exemption for commercial and industrial equipment was rejected. iFixit writes, 'Without a broader exemption, a significant portion of the repair market remains controlled by manufacturers, who can charge exorbitant fees for repair services or limit access to parts and tools. This leaves many small businesses with no choice but to endure downtime and additional costs, even when a simple fix would get them up and running again quickly. We've made great progress, but there are still institutional barriers that prevent small businesses and consumers from taking control of their own products.'

Along with a broader exemption for industrial equipment, iFixit also cited an exemption that would allow people to circumvent digital locks on video games as one of its failed requests. The Video Game History Foundation (VGHF) , a nonprofit organization working to preserve retro games, had requested permission to 'rent virtual copies of hard-to-find games online,' but the request was denied by the U.S. Copyright Office. 'People with disabilities who require alternative input methods to play video games are still being left behind,' iFixit said.

The US Copyright Office rejects a proposal to legalize 'online lending of unavailable retro games' - GIGAZINE