I Scream, You Scream, We All Scream for Functioning Ice Cream Machines
We’ve all experienced that moment on a long road trip when, just as the hunger pangs start to kick in, you see those beautiful McDonald’s Golden Arches appear on the horizon. An Oreo McFlurry (and perhaps a side of fries) begins calling your name. You walk inside, and your heart sinks when you notice a sign that says “out-of-order” hanging from the ice cream machine. Typical McDonald’s. Suddenly, you see Carla Hayden, the Librarian of Congress emerge from the kitchen. Triumphantly, she rips the sign off of the machine and announces, “ice cream for all!”
While this scenario is a bit bizarre, here’s the context: on October 28, 2024, a final rule issued by the Librarian of Congress (the head of the United States Copyright Office) opened the door for retail-level commercial food companies to repair their own equipment. Most notably impacted by this change is fast food giant McDonald’s whose ice cream machines have gained notoriety around the country for their inconsistent functionality. In this blog post, we'll explore the connection between McDonald's ice cream machines, copyright issues, and the evolving landscape of repair rights and software ownership.
What is the Exemption to the Prohibition on Circumvention?
Under the Digital Millennium Copyright Act (“DMCA”), it is unlawful for a person to maneuver around (circumvent) the copyright protection mechanisms put in place by a lawful copyright holder to protect their work. Every three years, the Copyright Office reviews the DMCA and grants exemptions to the law for specific circumstances. Past exemptions have legalized jailbreaking a cell phone and allowed for the use of read-aloud technology for electronic books. Last month, the Librarian of Congress adopted a particularly notable exemption to the anti-circumvention provision of the DMCA that allows retail-level commercial food companies (like McDonald’s) to diagnose, maintain, or repair their own devices (like ice cream machines!).
The Context of McDonald’s Ice Cream Machines
Over the years, McDonald’s ice cream machines have garnered a notorious reputation for frequently being out of service. This issue has become so widespread that some disgruntled customers have taken matters into their own hands. Online trackers like McBroken, which allow people to check on the availability of their local McDonald’s ice cream machines, have gained popularity. The site also helps you find the nearest Wendy’s too, just in case.
Since 1956, the McDonald’s ice cream machines have been supplied exclusively by the Taylor Company. Because Taylor's software is copyrighted, each of its machines are equipped with a digital lock to protect proprietary technology. This means that, under traditional copyright law, only the company (or its authorized repair personnel) has the legal right to access, modify, or troubleshoot the software. In essence, while franchisees own the physical machine, they do not have access to the software that makes it work, therefore creating a barrier for independent repair services or even in-house technicians to fix the machines without permission or access to the software's underlying code. While this agreement works out well for Taylor, some McDonald’s franchisees have reported that Taylor technicians can charge up to $300 every 15 minutes to fix an issue. Even worse, it could take months for a repair person to even show up. This arrangement has made simple fixes more cumbersome and expensive than necessary and has often left ice cream machines out-of-order for extended periods of time.
Why This Exemption Matters
The tension surrounding repair and software ownership in consumer products has been a hot topic for years, particularly with the rise of the "right to repair" movement. This movement advocates for consumers' ability to repair their devices and machinery without being dependent on manufacturers or authorized service providers. In response to growing pressure, one of the exemptions granted by the Copyright Office addresses the intersection of software, copyright, and repair.
The Office’s final rule provides independent technicians and consumers more leeway when it comes to the repair and modification of digital devices, including machinery that uses embedded software. Specifically, the rule makes it easier for repair shops and even individuals to circumvent restrictions on accessing software code in the name of making repairs, provided they meet certain conditions. Among the many beneficiaries of this change are retail-level commercial food preparation companies, who are mentioned specifically. This rule could have significant implications for McDonald's ice cream machines—particularly if franchisees and third-party repair shops are now able to access and fix the software without risking legal repercussions.
Beyond the immediate impact on McDonald's ice cream machines, the Copyright Office's ruling signals a larger shift in how the U.S. legal system views the relationship between consumers and the products they purchase. As more devices and machines are embedded with complex software, the lines between ownership and access to repair become increasingly blurred. The rise of "repairability" as a consumer right has forced legislators to confront the balance between protecting intellectual property and ensuring that consumers and businesses have the tools they need to maintain and fix their property.
For McDonald’s customers, the hope is that the change in the legal landscape will lead to fewer “out-of-order” signs so you can finally answer the call of the Oreo McFlurry. For franchisees, the relief could come in the form of reduced costs, quicker repairs, and fewer headaches. And for any sector that relies on proprietary software-driven machinery, this legal shift could lay the groundwork for a new era of more open, accessible repair practices.
Conclusion
At Ascend Law, we are committed to staying informed about changes in copyright law and how they impact our clients. If you have questions about copyright issues or need assistance navigating complex legal landscapes, don’t hesitate to reach out. Together, we can explore solutions that protect you and your business interests while fostering innovation and accessibility in a rapidly evolving technological landscape.