Helping each other: the right to repair win and software freedom

by Denver Gingerich on November 6, 2020

We were very excited to hear that Massachusetts voters approved a new right to repair law earlier this week. Laws like these are important tools in allowing us to control the devices that we use. In particular, we believe it is important that people be able to fix their own devices, and to be provided with all the information they might need to make the best repair decisions. This principle has applied to cars for over a century and, now that cars are increasingly made up of computers, the implications for both repairing vehicles and software freedom are hard to ignore.

The proposed law is an excellent start for providing telematics information to vehicle owners. As the full text of the law (pages 5 and 6) describes, there are still implementation aspects to be decided by the Massachusetts Attorney General. These include a notice that describes "the mechanical data collected, stored and transmitted by a telematics system" and "the prospective owner's ability to access the vehicle's mechanical data through a mobile device", which dealers will be required to provide to prospective vehicle buyers and lessees.

The law also states the vehicle manufacturers must implement "an inter-operable, standardized and open access platform across all of the manufacturer's makes and models [that] shall be capable of securely communicating all mechanical data emanating directly from the motor vehicle via direct data connection to the platform". While the law mentions that this data needs to at least "be directly accessible by the owner of the vehicle through a mobile-based application", we would like to see the Massachusetts Attorney General clarify in their notice that the data should be accessible through an API available to the owner as part of this, one that is "inter-operable" and "standardized" per above.

We find often that people can read "a mobile-based application" to mean apps that are available via the Google Play Store or Apple App Store, but nowhere else. Both of these stores are proprietary software and lock users into single-company controlled infrastructure, so it is important to have other options for those who don't want to use such apps, including using an app available in some other store, for some other operating system, or that they wrote themselves if they like (using the API described earlier).

Initiatives like this Massachusetts Right to Repair measure are important for our freedom - our freedom to repair our devices (which includes vehicles) ourselves or by the repair shop of our choice, and our freedom to use whichever tools we wish in order to complete the repair. The right to repair movement is crucial in this world of increasingly locked-down devices, and we hope to build even more bridges to support the shared principles with software freedom going forward. We applaud and stand with the voters who made this initiative happen and look forward to many more such initiatives in the future.


Here is the email we sent to the Massachusetts Attorney General earlier today:

Dear Ms. Healey:

We at Software Freedom Conservancy, a 501(c)(3) charity dedicated in part to helping people take control of their computing experience through the freedom to choose which software they use, are very supportive of the "Right to Repair Law" Vehicle Data Access Requirement Initiative that Massachusetts voters approved this past week (organizationally and also as it relates to employees of ours based in Massachusetts). We see that as Attorney General you have been tasked with writing the telematics notice that manufacturers will provide to vehicle buyers and lessees, and we'd like to provide some suggestions given our experience with the different apps and software that users may wish to use to receive this telematics data.

In particular, we see that the notice will describe "the mechanical data collected, stored and transmitted by a telematics system" and "the prospective owner's ability to access the vehicle's mechanical data through a mobile device", which dealers will be required to provide to prospective vehicle buyers and lessees. The law also states the vehicle manufacturers must implement "an inter-operable, standardized and open access platform across all of the manufacturer's makes and models [that] shall be capable of securely communicating all mechanical data emanating directly from the motor vehicle via direct data connection to the platform".

While the law mentions that this data needs to at least "be directly accessible by the owner of the vehicle through a mobile-based application", we would like to see the Attorney General clarify in their notice that the data should be accessible through an API available to the owner as part of this, one that is "inter-operable" and "standardized" per above.

We find often that people can read "a mobile-based application" to mean apps that are available via the Google Play Store or Apple App Store, but nowhere else. Both of these stores are proprietary software and lock users into single-company controlled infrastructure, so it is important to have other options for those who don't want to use such apps, including using an app available in some other store, for some other operating system, or that they wrote themselves if they like (using the API described earlier).

Please let us know if you have any questions about our suggestions above. For reference, Conservancy's Execute Director, Karen Sandler, has been CCed. We are available to help draft specific text or join whatever process you establish for comments related to the implementation of this measure.

Thanks for your consideration!

Tags: law, software freedom for everyone

Please email any comments on this entry to info@sfconservancy.org.

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