The journey of The Repair Association started in July 2013 in response to the conflict between consumers' right to repair their devices and manufacturers' restrictive practices. Repair businesses supporting digital technology in the early 2000s found themselves increasingly hindered as manufacturers ceased to provide parts, tools, or even access to installed firmware. Our roots trace back to the ongoing struggle between consumers and manufacturers over the ability to repair their own devices, which has its origins deeply embedded in the historical developments of the 20th and early 21st centuries.

Multiple types of repair businesses supporting products using digital technology in the 2000s were finding themselves steadily blocked from making repairs. The common problem was that OEMs had stopped selling parts or tools, had stopped shipping products with schematic diagrams, had stopped producing repair manuals, and started blocking customers and independents from getting access to any of the already-installed firmware with patches and fixes. The result was a tremendous increase in the volume of products entering the market that could not be repaired at the same time that repair businesses were being driven out of business.

There were already multiple trade associations representing different aspects of repair – including groups for computer repair (Servicenetwork.org), computer resale (ascdi.net), and medical equipment repair (iamers.org) but no leading organization for cell phone repair. In order to drive legislative change, leaders of these first groups determined that we should work as a Coalition, and add as many like-minded groups as possible. The Service Industry Association took the lead in establishing an official organization with the knowledge that we would actively seek allies in every corner.

We discovered very quickly that the problems of repair in autos, tractors, appliances, and medical equipment converged with those of traditional computing. Manufacturers were withholding exactly the same types of repair materials using the same anti-competitive tactics. Similarly, consumer rights organizations, solid waste organizations, and electronic waste groups recognized that repair is a crucial step toward any sustainability efforts.

In order to deliver on our mission for legislative change, it was obvious that we would need a groundswell of support from consumers. Legislators listen to their constituents, and when enough voters demand new policies – those ideas can advance. Despite being a coalition of business interests, we made a conscious decision to fight not only for our businesses but for all consumers. If we could get laws passed that allowed a consumer to hire an independent cell phone repair tech – we could establish a foundation for repair opportunities in all industries.

Why Legislation?

Before we formed the official coalition, several leaders in the Service Industry Association began investigating how best to break down barriers to repair. Among the ideas was legal action against Oracle – which in 2010 purchased a major server vendor, Sun Microsystems, and overnight changed their policies regarding independent repair to entirely block even existing contracts. The quotes were astronomical – starting at $2 million for a “simple” action. We tried public shaming – creating a worksheet showing which vendors had policies favorable to repair and which did not. It was all ignored. We didn’t have a media strategy and we didn’t have an actual organization to speak as one voice.

Next up – we reached out to the U.S. DOJ and all 50 States' Attorney Generals to launch an antitrust investigation – which we believed could constrain IBM, HP, CISCO, and others from making similar policy changes. This outreach was not initially successful, but we persisted and spent considerable time and effort meeting with members of Congress and their staffers to ask for help getting a meeting with the U.S. DOJ anti-trust division.

In July of 2012, a delegation of service industry members, led by Gay Gordon-Byrne, spent several hours with James Tierney, head of the anti-trust division, and 6 members of his staff. They fully understood the problem, but also explained to us that they weren’t in a position to help for several reasons. First, we’d need to have a complaint filed by a customer reflecting how they had been harmed. We, as a group of competitors, would not have standing to make sure a complaint. Second, we’d have to argue that Oracle was a significant monopoly, which was a very difficult argument to sustain. By the time of our meeting, Oracle had so botched its marketing of Sun products that what had been 33% of the market had dwindled to 12%. The DOJ pointed out that by investigating Oracle we were intending to make them a better competitor – which would be an odd result. They advised us, clearly, that our best path for a “Right to Repair” would be a legislative solution.

Within two weeks of our meeting with the DOJ recommending legislation, Massachusetts passed its “Automotive Right to Repair” law. The path taken for cars appeared ideal for us to copy. The language of the law inspired our first draft – removing the word “automobile” and substituting “digital electronic product”.

The rest of the origin story is mechanical. We needed to set up a trade association, establish a board of directors, create an operating agreement, and solicit membership. By July 2013, almost a year from the date of our meeting with the US DOJ, we were in business as the Digital Right to Repair Coalition FEIN 46-3358913. Once official we began to join groups, such as ALEC and NSCL, to help us gain access to state legislators. We had our first experience with state legislators in January of 2014 in South Dakota, and in January 2015, launched bills in 4 different states. Our Coalition grew to include experienced advocates at iFixit, EFF, U.S. PIRG, Consumer Reports, Public Knowledge, and other leading repair companies

The origins of the need for protective legislation go back to the 1950s, when International Business Machines Corporation (IBM) – then holding 80% of the business machine market, was under scrutiny by the U.S. Department of Justice (DOJ) for violations of anti-trust law. Competitors in the mainframe (now called “Enterprise”) market copied IBM's terms and conditions which became the industry standard for roughly 50 years around the world. Used equipment was traded, parts could be salvaged from older machines and used without difficulty, and independent repair companies provided competitive options for repair and maintenance services.

IBM only rented and did not sell, any of its equipment putting them in a position of total monopoly. The U.S. DOJ entered into a “Consent Decree” in 1956 which required equipment be sold, repaired independently, and allowed owners to resell into a new secondary market. IBM continued to face these restrictions until the company reached a settlement with the DOJ in 1996—forty years after the decree. Once released from the requirements of the Decree, IBM slowly adjusted its terms and conditions to restore its anti-competitive position. By 2014, through its License for Machine Code, IBM all but completely blocked the option of independent repair for its hardware products.

Many of the most famous products in use today, such as cell phones, tablets, and other computer tech, have a marketing policy history derived from the early days of personal computing which was greatly influenced by IBM as a major vendor. The policies align with the choice of the operating system. Producers that expected to use a DOS/Windows/Linux operating system were, and remain, widely repairable. Producers that created products with a proprietary OS, such as Apple, DEC, WANG, Tandy, and others have different repair and upgrade histories. Typically - a proprietary OS is a bigger barrier to repair than a patented (proprietary) part.

Devices made for use outside the data center did not follow the same pattern of terms and conditions. Many of these products were not programmable and their sales agreements did not add any separate licenses. Most of these products were repairable without contract problems, but many OEMS neglected to create a process for ordering repair materials such as spare parts. Most IOT devices follow this policy background. Products that could be repaired are not being repaired, and are instead discarded into the waste stream where only small percentages of goods are being treated as “E–Waste”. The format of our template legislation does not require these products be made repairable – only that if the OEM offers any form of repair service – repair materials must be made available on fair and reasonable terms both to the owner of the product and to an independent repair business.

Aligned Technology Markets

Devices made for the auto, agricultural, appliance, and industrial markets were not constrained at all by the Consent Decree which expired in 1996 - 1999. The auto market felt the impact of repair monopolization directly starting in 1992 when the Clean Air Act required OEMS to provide computerized emissions controls. OEMS saw this as an opportunity to require all emissions repairs be done by their Dealerships which then paved the way for further limitations on repairs in general. The fight for “Right to Repair” began in earnest in 1992 with various bills filed in Congress starting in 2001 specific to auto repair.

The Repair Association was founded amid this backdrop, uniting independent repair providers, environmental activists, and consumers. Drawing on the historical struggle for repair rights, our aim is to advocate for legislation and practices that empower consumers and independent repair providers with the necessary tools, parts, and information to repair their devices.

Current Challenges and The Way Forward

Today, the fight for the right to repair is far from over. The Repair Association continues to advocate for legislation promoting the right to repair, at both state and federal levels. We are also battling corporations that seek to restrict access to repair tools and manuals, and manufacturers who design products to be deliberately hard to repair.

The Repair Association is at the forefront of the right to repair movement, providing resources and guidance for consumers, repair professionals, and lawmakers. We also work with international advocates, aiming to build a global consensus that supports the right to repair. We believe in a future where all consumers can maintain and fix their devices without needless restrictions.

From our humble beginnings to our victories in statehouses and courtrooms, The Repair Association remains steadfast in its commitment to consumer rights and the fundamental freedom to repair our own devices. We continue to challenge corporate overreach, empower individuals and independent businesses, and push for changes in the law that uphold the right to repair.