For years, customers have experienced the all-too-well-known dilemma of driving to McDonald’s only to be told the ice cream machine is broken. This issue primarily arose because Taylor Company, the ice cream machine manufacturer, had the exclusive right to repair the machines under the 1998 Digital Millennium Copyright Act. The ice cream machines contain an embedded code, and under the Act, it was unlawful for “third parties, like McDonald’s employees and franchisee owners, to break the digital lock installed by [the] manufacturer.” However, after public outcry and broad support, change occurred. The Federal Trade Commission and the Justice Department “submitted comment[s] to the U.S. Copyright Office recommending [a] change.” In November 2025, a change occurred when the U.S. Copyright Office issued an exemption that now “allows restaurants to repair equipment used in ‘retail-level commercial food preparation.’” Through this exception, McDonald’s can use third parties to fix the ice cream machines, resulting in quicker, more affordable repairs. 

This was seen as a big win for the “right to repair” movement, which “advocates for legislation that gets manufacturers to provide consumers and independent repair services access to their parts, tools and service information so consumers can get their own, legally bought devices fixed.” As the right-to-repair movement has become more pertinent, significant discussion surrounding state legislation has occurred. While four states passed right-to-repair legislation in 2023, thirty-three states considered it during the 2023 legislative session. 

The company now at the forefront of the right to repair movement is John Deere, whose equipment has software that can only be fixed by authorized dealers. This requirement creates significant hardship for farmers across the country because, with only so many authorized dealers and technicians, it can take a significant amount of time and money to fix their equipment. In the meantime, the equipment is likely inoperable and puts farmers behind schedule. A 2023 study found that the downtime caused by repair restrictions and practices “cost[s] U.S. farmers $4.2 billion each year.” However, despite public demand for change, John Deere has continued to withhold the tool needed for farmers to repair their equipment quickly and affordably. 

While John Deere has faced public backlash due to its restrictive embedded software and licensing agreements, the Federal Trade Commission (FTC) recently took action and filed a lawsuit against it for its “illegal repair restrictions.” The FTC’s action “seeks to ensure that farmers across America are free to repair their own equipment or use repair shops of their choice—lowering costs, preventing ruinous delays, and promoting fair competition for independent repair shops,” said FTC Chair Lina M. Khan. This comes two years after John Deere signed a memorandum of understanding with the American Farm Bureau Federation (AFBF) that “ensure[d] farmers’ and ranchers’ right to repair their own farm equipment.” At the time, the John Deere Senior Vice President of Ag & Turf Sales & Marketing said “this agreement reaffirms the longstanding commitment Deere has made to ensure our customers have the diagnostic tools and information they need to make many repairs to their machines. We look forward to working alongside the American Farm Bureau and our customers in the months and years ahead to ensure farmers continue to have the tools and resources to diagnose, maintain, and repair their equipment.” However, with the FTC’s present lawsuit, it appears that John Deere has not followed through on the commitments it made two years ago. 

Moving forward, it appears that the actions taken by the U.S. Copyright Office, state legislatures, and the FTC could be a foreshadowing of permanent success for the right to repair movement. While the scope of this potential success remains unknown, it could lead to a guaranteed right to repair for all industries, not just “retail-level commercial food preparation” and agricultural equipment. 

Macey Tipton is a second-year law student at Wake Forest University School of Law. She holds a B.S. in Accounting with a minor in Business Administration from Florida Southern College. 

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