[Themaintainers] Fwd: Nov. Right to Repair Update: Apple* caves

Thu Dec 2 15:21:45 EST 2021

Hi Maintainers!  See below for a terrific recap of an important month for Right to Repair!  It’s easy to imagine scholars and leaders of social movements gaining inspiration - and practical tips - from what we’re seeing unfold here.  Many thanks to Nathan Proctor for helping to lead the charge. We’re very fortunate (and proud!) to have him on our Maintainers advisory committee.

All the best,

Andy

_____

Andrew L. Russell, Ph.D.
+ Dean, College of Arts & Sciences, SUNY Polytechnic Institute
+ Co-Director, The Maintainers <https://themaintainers.org/>
+ Co-Author, The Innovation Delusion: How Our Obsession with the New Has Disrupted the Work That Matters Most <https://www.penguinrandomhouse.com/books/576816/the-innovation-delusion-by-lee-vinsel-and-andrew-l-russell/>

> Begin forwarded message:
> 
> From: Nathan Proctor <nproctor at pirg.org>
> Subject: Nov. Right to Repair Update: Apple* caves
> Date: December 2, 2021 at 11:57:07 AM EST
> To: Andy <andy at themaintainers.org>
> Reply-To: nproctor at pirg.org
> 
> Hi there, 
> 
> Normally, November is a fairly quiet month for Right to Repair … but not in 2021. Our big update is something many of you have seen already -- Apple says it will soon give people the parts and tools they need to fix their own iPhones and Macs.
> 
> I’d like to share some of the backstory about how PIRG helped make this seminal moment happen. 
> 
> Apple is finally taking steps toward embracing DIY repair of its products.
> 
> Once one of the most visible opponents to repair access, Apple has now reversed its longstanding policy against making spare parts, repair instructions and repair software tools available to customers. The commitment is part of a new Self Service Repair <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.apple.com/newsroom/2021/11/apple-announces-self-service-repair/> program.
> 
> This reversal of Apple’s longstanding policy marks a significant milestone for our efforts, but we won’t rest until every American has the right to repair every product they own. While Apple’s new program is a welcome and important step, it isn't as comprehensive as the Right to Repair reforms discussed in more than two dozen <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/blogs/blog/usp/half-us-states-looking-give-americans-right-repair> state legislatures this year would be. According to currently available public information, Apple still maintains a lot of proprietary control over repairs on its devices, although more details are emerging. 
> 
> Many people have put in a tremendous amount of effort to get to this point. Our coalition partner Kyle Wiens of iFixit shared about how his right to repair journey <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://twitter.com/kwiens/status/1461001896248819715> started nearly 20 years ago because Apple refused to provide the type of service information it has now committed to providing all of us. In that spirit, I wanted to reflect on what I, and the broader PIRG network, added to the campaign, since we joined the cause in 2017. 
> 
> Using BatteryGate to ramp up pressure in the states 
> 
> Four years ago, PIRG launched our involvement with the Right to Repair campaign. We got started in part because of “BatteryGate,” when Apple was caught pushing a software update that slowed down <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.zdnet.com/article/batterygate-apple-betrayed-its-customers-and-now-it-faces-a-world-of-hurt/> phones with older batteries.  
> 
> We used the notoriety of BatteryGate to launch a dynamic multi-state effort by PIRG state chapters, in partnership with Repair.org and iFixit, both of which already had right to repair efforts underway. We began our campaign by documenting facts in our Recharge Repair <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/sites/pirg/files/reports/CAP_Recharge_Repair_Feb1_2018.pdf> report. Working with iFixit, we surveyed 164 repair businesses about the impact of BatteryGate. They reported a 37% increase in battery repairs in the weeks after the Apple news hit, while traffic to “how-to” guides for Apple battery swaps on iFixit rose 153%. Our report also featured a set of case studies -- interviews with repair shops about why Right to Repair was important, which shed light on what Apple employees say to customers seeking repair. 
> 
> Right to Repair hits the national stage
> 
> In 2019, we had 20 state legislatures <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/news/usp/california-becomes-20th-state-2019-consider-right-repair-bill> considering active Right to Repair bills -- and had organized hundreds of repairers in support of these efforts. Fueled by the surge in state-level interest, Right to Repair broke through on the national stage <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://medium.com/u-s-pirg/right-to-repair-having-a-national-moment-8fdd9d910937> in the spring of 2019. Massachusetts Sen. Elizabeth Warren announced <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://medium.com/u-s-pirg/right-to-repair-having-a-national-moment-8fdd9d910937> support for Right to Repair for farm equipment in a policy brief as part of her presidential run. Two other presidential candidates, Sen. Bernie Sanders (VT) and then-Gov. John Hickenlooper (CO), also endorsed Right to Repair in their campaigns. 
> 
> The injection of Right to Repair onto the campaign trail prompted outreach to PIRG and Repair.org from the New York Times editorial board. The Times published a fantastic editorial <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.nytimes.com/2019/04/06/opinion/sunday/right-to-repair-elizabeth-warren-antitrust.html> in favor of Right to Repair in the Sunday, April 7, 2019, edition. This editorial was another major milestone. A congressional staff member told me that the editorial was discussed in a House Judiciary staff meeting and that committee leadership wanted to investigate the issue further. 
> 
> Working with the House Judiciary to nail down Apple’s restrictions 
> 
> In spring of 2019, PIRG began working with the House Subcommittee on Antitrust to help it probe repair restrictions. In July of 2019, PIRG submitted testimony <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.axios.com/right-to-repair-advocates-lobby-over-antitrust-concerns-be0caac1-ab0d-4426-b3df-142571c841fa.html> to a subcommittee hearing laying out the corporate behaviors that needed investigation. Later that fall, Subcommittee Chair David Cicciline (RI) asked Apple his own set of questions <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://docs.house.gov/meetings/JU/JU05/20190716/109793/HHRG-116-JU05-20190716-QFR004.pdf> for the record. 
> 
> Apple’s answers put the company on record regarding its repair restrictions and clarified what many customers and repair shops had guessed: The company hardly fixed much of anything -- performing only four types of repair on iPhones. We outlined that and other important revelations on our blog <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/blogs/blog/usp/apple-tells-congress-it-doesnt-block-repair>.
> 
> We were not surprised to find out Apple would not permit its authorized technicians to do other repairs (in part because of how Louis Rossmann had hilariously exposed that the technicians wouldn’t fix broken ports), but Apple had always been coy about exactly what it permitted technicians to do. 
> 
> We again surveyed independent repair shops (302 this time) and compared their repair offerings to the “Apple Authorized” shops with our report, The Fix is In <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/feature/usp/fix>. We found that nearly 4 out of 5 repair independent repair shops offered more repair options than Apple. 
> 
> Ramping up pressure on the FTC to investigate 
> 
> Simultaneously, we pressured for the U.S. Federal Trade Commission (FTC) to do its job and take a stand against repair restrictions. First, we targeted the agency for its failure to enforce warranty laws which protect independent repair. As we were imploring the FTC to crack down on companies that voided warranties improperly, Apple announced it had reversed its policy <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://arstechnica.com/gadgets/2019/03/apple-changes-repair-policy-to-accept-iphones-with-third-party-batteries/> of denying warranty coverage to any device which was repaired outside Apple’s control. However, we documented a number of cases which raised questions <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/blogs/blog/usp/apple-tells-congress-it-doesnt-block-repair> about the holes in Apple’s claimed reversal. 
> 
> The FTC responded to Right to Repair campaigners by holding a workshop in July 2019, called “Nixing the Fix <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.ftc.gov/news-events/events-calendar/nixing-fix-workshop-repair-restrictions>.” But despite the success of the workshop, the FTC took no further action. 
> 
> Working with allies working on issues related to automotive Right to Repair, we pressed Congress to require the FTC to report its findings <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/news/usp/statement-house-budget-calls-ftc-report-repair-restrictions> and lay out action items. Congress did so in 2020, which resulted in the FTC releasing its landmark Nixing the Fix report <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.ftc.gov/system/files/documents/reports/nixing-fix-ftc-report-congress-repair-restrictions/nixing_the_fix_report_final_5521_630pm-508_002.pdf> in May 2021. That report debunks the claims that many industry lobbyists, including Apple’s <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.theverge.com/2019/5/1/18525542/apple-right-to-repair-bill-california-lobbyist-comptia>, had made in their lobbying efforts against Right to Repair, including claims that repair access would cause safety, data security and other consumer harms. 
> 
> COVID-19 adds urgency as Right to Repair campaign expands
> 
> Going into the spring of 2020, PIRG began adding new state and federal staff dedicated to our Right to Repair campaign work and we had a lot of momentum when the COVID-19 pandemic interrupted many of our state efforts, shutting down most legislative activity. 
> 
> During the pandemic, Americans became more reliant on technology than ever before, as millions of people transitioned to remote working and schooling. Access to computers and cell phones became access to school or work. Meanwhile, Apple stores and many other retailers shut down or limited access <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.theverge.com/2020/3/16/21182016/apple-returns-repairs-retail-stores-closed-coronavirus-faq>, leaving independent repair as the only option for many consumers to keep critical devices working. As COVID-19 exposed the need for more repair options, more and more states created new bills to address the problem. A record 27 states <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/blogs/blog/usp/half-us-states-looking-give-americans-right-repair> considered Right to Repair bills in 2021. 
> 
> President Biden calls for action on Right to Repair, FTC announces enforcement targets 
> 
> On July 9, President Joe Biden signed a sweeping executive order “promoting competition in the American economy <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-17823474&key=YAMMID-89444700&link=https%3A%2F%2Fwww.whitehouse.gov%2Fbriefing-room%2Fstatements-releases%2F2021%2F07%2F09%2Ffact-sheet-executive-order-on-promoting-competition-in-the-american-economy%2F>,” which featured several actions in support of Right to Repair. In the order, the president calls on the FTC to establish rules to prevent repair restrictions, with a specific focus on cell phones and farm equipment. 
> 
> Two weeks later, the FTC commissioners unanimously voted <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-17823474&key=YAMMID-89444700&link=https%3A%2F%2Fuspirg.org%2Fnews%2Fusp%2Frelease-ftc-crack-down-companies-anti-repair-restrictions> to endorse a new policy statement regarding the agency’s approach to the Right to Repair. The statement outlines anti-repair practices the FTC will view as illegal, putting the manufacturing industry on notice.  
> 
> Taking the case to Apple directly
> 
> Meanwhile, the PIRG network was pressuring Apple directly. More than 33,000 members sent messages to the company urging it to remedy its unfair repair policies and unfixable designs. Apple's stance on repair was surprisingly out of sync with the company’s lofty stated goals <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.apple.com/environment/> for the environment, something that customers, and shareholders, began to question. 
> 
> In September, Green Century Capital Management°, PIRG's affiliated socially responsible mutual fund company, announced that it had filed a resolution with Apple <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://uspirg.org/blogs/blog/usp/apple-and-john-deere-shareholders-file-resolutions-questioning-their-anti-repair> calling for an account of the company’s “anti-competitive repair policies.” 
> 
> We know that, internally, Apple employees were conflicted about Right to Repair. Shareholder action, and customer frustrations, helped fuel that internal debate. The investigation by the House Judiciary Committee unearthed back and forth emails about repair <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.ifixit.com/News/43008/apple-emails-reveal-internal-debate-on-right-to-repair>, triggered by questions from iFixit. 
> 
> Finally, all that pressure resulted in a reversal of policy. On the same day <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.greencentury.com/statement-apple-takes-major-step-forward-on-repair-prompting-the-withdrawal-of-green-century-capital-management-shareholder-proposal/> that Green Century had to decide whether to press forward on a right-to-repair shareholder proposal, Apple announced its new Self Service Repair program. As Maddie Stone wrote in the Verge, “Apple didn’t change its policy out of the goodness of its heart <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.theverge.com/2021/11/17/22787336/apple-right-to-repair-self-service-diy-reason-microsoft>. The announcement follows months of growing pressure from repair activists and regulators…” 
> 
> We won’t stop until we change the whole ecosystem around repair. 
> 
> Right to Repair never has been just about Apple. Many manufacturers restrict repair, with many, including another target of shareholder action, John Deere <https://publicinterestnetwork-dot-yamm-track.appspot.com/Redirect?ukey=1p0cIFHTGkdQJit02ZQiCZgD_pQkCj-yfabsMDxYt0mI-734705643&key=YAMMID-1638464226519&link=https://www.greencentury.com/green-century-files-shareholder-proposal-with-deere-co/>, utilizing even more aggressive tactics. 
> 
> However, Apple, as one of the most successful and admired companies in the world, plays a leading role, and many other manufacturers have followed its example. Hopefully, they also will follow Apple's decision to expand repair options. 
> 
> The Right to Repair campaign knows exactly what it stands for. We want people to be able to fix their things. We support any reduction of the barriers to repair -- for consumers and for a thriving repair ecosystem which includes community Fixit Clinics and independent shops. But while every reduction to the barriers means more stuff gets fixed, our ultimate goal is to transform electronics use and reuse, and to break apart the monopolies that hurt consumers, farmers and hospitals trying to fix equipment. 
> 
> Apple is just the beginning. 
> 
> 
> -- 
> Nathan Proctor
> Director, U.S. PIRG Campaign for the Right to Repair
> O: (857) 413-2534
> C: (203) 522-3860
> 
> U.S. PIRG is not a registered investment adviser. U.S. PIRG is not providing any investment advice to any recipient of this communication.
> 
> About Green Century Capital Management
> 
> °Green Century Capital Management, Inc. (Green Century) is the investment advisor to the Green Century Funds (The Funds). The Green Century Funds are the first family of fossil fuel free, responsible, and diversified mutual funds in the United States. Green Century Capital Management hosts an award-winning and in-house shareholder advocacy program and is the only mutual fund company in the U.S. wholly owned by environmental and public health nonprofit organizations.
> 
> *As of June 30, 2021, Apple Inc. comprised 3.71%, 0.00% and 0.00% of the Green Century Balanced Fund, the Green Century Equity Fund and the Green Century International Index Fund, respectively. As of the same date, other securities mentioned were not held in the portfolios of any of the Green Century Funds. References to specific securities, which will change due to ongoing management of the Funds, should not be construed as a recommendation by the Funds, their administrator, or their distributor.
> 
> You should carefully consider the Fund’s investment objectives, risks, charges, and expenses before investing. To obtain a Prospectus that contains this and other information about the Funds please click here, email info at greencentury.com <mailto:info at greencentury.com>, or call 1-800-934-7336. Please read the Prospectus carefully before investing.
> 
> Stocks will fluctuate in response to factors that may affect a single company, industry, sector, country, region or the market as a whole and may perform worse than the market. Foreign securities are subject to additional risks such as currency fluctuations, regional economic and political conditions, differences in accounting methods, and other unique risks compared to investing in securities of U.S. issuers. Bonds are subject to a variety of risks including interest rate, credit, and inflation risk. A sustainable investment strategy which incorporates environmental, social and governance criteria may result in lower or higher returns than an investment strategy that does not include such criteria.
> 
> This information has been prepared from sources believed reliable. The views expressed are as the date of this writing and are those of the Advisor to the Funds.
> 
> The Green Century Funds are distributed by UMB Distribution Services, LLC. 235 W Galena Street, Milwaukee, WI 53212. 9/21
> 

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