As the right to repair debate rages on, WAFarmers CEO Trevor Whittington believes the new Trump presidency could accelerate an outcome which could impact the issue in Australia
As a second Trump presidency begins, one pressing issue for America’s farmers remains unresolved: the unfetted right to repair their own agricultural machinery.
With the American farmers at loggerheads with the big farm machinery manufacturers over who gets the right to access software locks to repair complex tractors and headers, what happens under Trump could impact Australian farmers’ ability to achieve the holy grail of ‘right to repair.’
The modern right to repair battle traces its roots to the United States and back to the first electronic engine management systems that arrived in the 1990s, where farmers and their local independent mechanic were some of the first to raise the alarm over the fact that the computer said ‘no’ to access without authorisation.
By locking farmers out of the proprietary software needed to diagnose and repair machinery, manufacturers effectively forced farmers to rely on authorised dealers for repairs.
This monopoly not only drives up repair costs but also leads to delays during critical periods as the pool of available technicians becomes limited to the dealers who will prioritise their clients who buy new versus second hand.
Older models, while less efficient, offer the freedom to wave spanners around without being locked out by software barriers.
But with much of the pre-computer era machinery having been retired, more and more farmers are having to go through the dealers to get access to the codes that oversee their equipment.
For example, something as simple as a sensor replacement might require proprietary software to reset the system.
Without access to that software, farmers are left waiting – sometimes for days – for a technician to arrive with a computer, to potentially do something as simple as a reboot.
To meet emissions standards in the USA, even more complex computers and sensors have been installed in engines, which has complicated the debate around right of repair as manufacturers have waved the environmental risk of farmers tweaking with the emissions controls.
Despite the use of the climate defence, the American farming community have pushed back and after a long and bitter fight have convinced various state authorities to begin passing local right to repair legislation.
These laws require manufacturers of everything from washing machines to cars to tractors to provide access to diagnostic tools, repair manuals, and software updates to independent mechanics and equipment owners.
While these victories were hard-fought, they are far from universal, with across the board federal-level legislation still facing stiff resistance from the cashed-up corporate lobbyists who represent the manufacturing class.
Coming in behind the big manufacturers is big tech, which has piled in arguing that they don’t want customers getting access to their software as that is their own intellectual property.
Between them, they are making the case that buyers of farm machinery purchase the machine but not the software.
They say purchasers of machinery and technology sign a ‘user licence‘ of some sort that within its very numerous provisions and arcane legal language often waives the rights to control the use of any subsequent data that the machinery or technology generates.
This may mean that any warranties are void in the event that the user or an independent repairer attempts to rectify a problem or modify the equipment to enhance performance and may also confer on the manufacturer the right to use data in a range of different ways, including by selling it to third parties.
There are actually two parts of the debate – the first being the ability of independent repairers and owners to access diagnostic tools and spare parts, and the second being the broader issue of intellectual property rights and software ownership.
This includes questions about whether consumers should have the legal ability to modify or bypass embedded software, which manufacturers argue could compromise safety, ‘environmental standards’, and the integrity of proprietary technology.
By roping in the environment, the argument for right to repair just became far more difficult. Advocates for the legislation contend that farmers face increased costs without it, while opponents maintain that such access poses significant risks to innovation, compliance, operational security and the environment.
Seeing the farmers winning this debate and the various American state governments who were siding with them, the US farm machine manufacturers got smart and did a deal in 2023 with their equivalent of the National Farmers Federation to take the issue off the legislative table.
They signed a MOU with the American Farm Bureau Federation, setting out an understanding that ensures farmers have a limited right to repair.
The farm bureau called it a “private-sector solution to the right to repair issue.”
Note the word ‘understanding’ – this is not law, just an agreement to allow someone other than the dealer to tap into the computers and then wave spanners at farm machinery.
The manufacturers agreed to release customer diagnostic tools via a subscription service, and while it’s not quite the same as having full computer access as the local dealer has, it was a vast improvement.
In the agreement, the big manufacturers promised to give farmers and independent repair shops access to customer diagnostic tools.
In exchange, the Farm Bureau agreed not to support any further federal or state repair legislation.
But when the fine print was read and what was on offer was compared to the level of information the dealers could access, it became clear that the farmers’ access was quite limited in scope.
The dealers retained a privileged level of access, as they can get through the last digital door needed to fix the thing, and farmers either don’t have access to that door or had to go through multiple doors just to get to the same place the dealer could quickly.
In addition, dealer-level access provides links to step-by-step troubleshooting guides and information on the primary diagnostics screen that are not present in the farmer level tools.
Another complexity is many parts must be electronically paired to modern tractors, much in the way that the installation of a driver is necessary to allow a computer to communicate with a printer.
But to be fair, the manufacturers argue that they don’t want their competitors to have access to every last detail of their machine and they are no longer are opposed to farmers repairing their equipment – they just don’t want to see them making modifications such as rechipping engines.
In Australia we have nothing, even though the NFF has been a vocal advocate for the right to repair, pushing the ACCC to launch its first inquiry into the topic in 2020.
When they came out the findings were pretty clear – farmers should be given the manufacturer-held codes as keys to the toolbox.
Despite this, the federal government has done nothing for agriculture, preferring reforms largely confined to consumer electronics and appliances.
Even the motor traders are better off then farmers as at least they have Motor Vehicle Service and Repair Information Sharing Scheme Act 2021, which offers independent mechanics access to motor vehicle service and repair information at a fair price, leveling the playing field with authorised dealerships.
The only thing on offer to farmers was the announcement in November by Federal Treasurer Jim Chalmers of a $400 million commitment to advance the right to repair across various industries.
Apparently this will “build upon existing automotive legislation and seeks to create a more competitive and consumer-friendly repair landscape nationwide’ – whatever that means.
Which takes me back to Trump.
Trump loves the Republican-voting American farmer, however he has also emphasised a deep commitment to American manufacturing, aligning closely with big businesses.
The right-to-repair debate places Trump at a crossroads, as his populist instincts may push him to side with the farmers, appealing to his rural voter base.
On the other side, the manufacturers provide jobs to the rust belt and wield considerable lobbying influence in Washington.
Trump’s support for deregulation and private-sector dominance could align him with manufacturers who claim right-to-repair laws risk intellectual property theft and undermine product quality and open the door to foreign competition.
For now, both sides wait to see who Trump 2.0 will choose to champion.