"You bought it, you own it." That principle has guided ownership rights for hundreds of years. But embedded software is muddying the definition of ownership—and getting in the way of reuse, repair, and resale efforts.

You may own the hardware, but manufacturers often claim that the software inside of your product isn't yours at all. You purchased the physical good—but you are merely licensing the software. This claim allows manufacturers to retain unprecedented control over goods—long after you bought and paid for it.

Manufacturer policies on software and firmware access have killed many used equipment markets and diminished used equipment value internationally.

“Some of the tactics employed challenge the very concept of a free market and would not be tolerated in market sectors outside of technology. Blocking the first owner’s ability to transfer equipment by limiting the second buyer’s access to recertification, software, engineering changes, parts, bug fixes and maintenance services precipitates a sharp drop in the residual value of the customer’s investment by limiting the appeal of used equipment. Buyers eventually have to pay higher prices for equipment because used equipment is perceived as too risky to buy on the secondary market.”
— ASCDI, the voice of the IT channel

These tactics amount to little more than a monopoly. The Repair Association rigorously defends the right of an owner to resell their equipment. And we are pursuing and promoting policy change through legislation at both the state and the federal level. If we can change policies, we can restore the used marketplace to full function. 

Digital First Sale Doctrine

The courts have long held up the right of the owner to resell physical goods—it's called the "first sale doctrine."  The Supreme Court affirmed again in 2013 that it is legal to buy and sell used books, records, and videos without being in violation of Copyright Law. This extends as well to repair manuals. It is the same principle as that which allows libraries to lend materials.

Members of Congress has repeatedly attempted to extend these rights more generally to all embedded software that provides functionality in such things as home appliances, HVAC controls, and so forth but without success.

Help us promote these and other policies that preserve equipment value.

Photo Credit: Monika Rae Photography