Right to Repair: Activists have obtained DMCA exemption for McFlurry machines
The US Patent Office approved a DMCA exemption on Monday that could increase the chances of soft ice cream at McDonald's in the future.
Due to a DMCA exemption, the chances of McDonald's US customers getting soft serve ice cream could increase in the future.
(Image: Shutterstock/rzoze19)
The ice cream machines at McDonald's are apparently often broken – so often that someone has posted a tracker online that can be used to check their functionality. A new decision by the US Patent Office, which came into force on Monday, could potentially shorten the downtimes of the ice cream machines.
According to the US news magazine The Verge, the fact that the ice cream machines, without which there would be no McFlurry, McSundae or milkshake, break down so often – is often due to the machines' software, according to the McBroken tracker, 14.72 percent of ice cream machines are currently out of order. This often causes problems, and it has not been possible for store operators to carry out repairs themselves or have them carried out by third parties. Section 1201 of the US Digital Millennium Copyright Act (DMCA) prohibits the circumvention of software locks – even if you are not planning a copyright infringement, but only want to repair a device. To fix a software-related error, the customer service department of the ice cream machine manufacturer always had to be called.
Petition for more right to repair
In 2023, right-to-repair activists from iFixit and members of an NGO called Public Knowledge submitted a petition to the Patent Office requesting an exemption for the repair of commercial and industrial devices. This is possible every three years. According to The Verge, this is to ensure that the DMCA does not have a negative impact and hinder the use and lawful maintenance of devices.
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The patent office's decision only partially meets the demands of the activists: they had called for an exemption for a wider range of industrial devices, but it was only obtained for food production devices in the retail sector. At least, third-party providers are now also allowed to service the ice cream machines.
Something is also happening in this country regarding the right to repair. In April 2024, the EU adopted a draft directive for a right to repair. In mid-October, the German government launched a funding program for repair cafés and self-help workshops. Operators are expected to be able to apply for funding in December.
(kst)
