Public Knowledge, iFixit Free the McFlurry, Win Copyright Office DMCA Exemption for Ice Cream Machines - Public Knowledge

Oct 28, 2024

Copyright Office partially grants an exemption specifically allowing for repair of retail-level food preparation equipment -- including soft serve ice cream machines.

Today, the U.S. Copyright Office partially granted an exemption requested by Public Knowledge and iFixit to allow people to circumvent digital locks in order to repair commercial and industrial equipment. The Office did not grant the full scope of the requested exemption, but did grant an exemption specifically allowing for repair of retail-level food preparation equipment – including soft serve ice cream machines similar to those available at McDonald’s. The Copyright Office reviewed the request as part of its 1201 review process, which encourages advocates and public interest groups to present arguments for exemption to the Digital Millennium Copyright Act.

Section 1201 of the DMCA makes it illegal to bypass a digital lock that protects a copyrighted work, such as a device’s software, even when there is no copyright infringement. Every three years, the Copyright Office reviews exemption requests and issues recommendations to the Librarian of Congress on granting certain exceptions to Section 1201. The recommendations go into effect once approved by the Librarian of Congress.

The following can be attributed to Meredith Rose, Senior Policy Counsel at Public Knowledge:

“Today’s recommendations are a victory for everyone: franchise owners, independent repair shops, and anyone who’s had to bribe their kids with a chilly treat on lengthy road trips. It’s been a long and rocky road to secure a right to repair, and while there are plenty of dips and twists ahead, today’s decision from the Copyright Office will lead to an overdue shake-up of the commercial food prep industry. There’s nothing vanilla about this victory; an exemption for retail-level commercial food preparation equipment will spark a flurry of third-party repair activity and enable businesses to better serve their customers.

“While we are disappointed that the Register recommended a narrower exemption than we had proposed, this does not soften our enthusiasm. We will continue to chip away at half-baked laws blocking the right to repair, sprinkling consumer victories as we go. Today’s win may not be parfait, but it’s still pretty sweet.”You may view our previously filed comments on this exemption request for more information. You may also view the petition for this exemption requested by Public Knowledge and iFixit.

Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at [email protected] or 405-249-9435.