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    21 Apr 2015

    We Can’t Let John Deere Destroy the Very Idea of Ownership

    IT’S OFFICIAL: JOHN Deere and General Motors want to eviscerate the notion of ownership. Sure, we pay for their vehicles. But we don’t own them. Not according to their corporate lawyers, anyway. 
    In a particularly spectacular display of corporate delusion, John Deere—the world’s largest agricultural machinery maker —told the Copyright Office that farmers don’t own their tractors. Because computer code snakes through the DNA of modern tractors, farmers receive “an implied license for the life of the vehicle to operate the vehicle.”
    It’s John Deere’s tractor, folks. You’re just driving it.
    Several manufacturers recently submitted similar comments to the Copyright Office under an inquiryinto the Digital Millennium Copyright Act. DMCA is a vast 1998 copyright law that (among other things) governs the blurry line between software and hardware. The Copyright Office, after reading the comments and holding a hearing, will decide in July which high-tech devices we can modify, hack, and repair—and decide whether John Deere’s twisted vision of ownership will become a reality.
    Over the last two decades, manufacturers have used the DMCA to argue that consumers do not own the software underpinning the products they buy—things like smartphones, computers, coffeemakers, cars, and, yes, even tractors. So, Old MacDonald has a tractor, but he owns a massive barn ornament, because the manufacturer holds the rights to the programming that makes it run.
    (This is an important issue for farmers: a neighbor, Kerry Adams, hasn’t been able to fix an expensive transplanter because he doesn’t have access to the diagnostic software he needs. He’s not alone: many farmers are opting for older, computer-free equipment.) 
    In recent years, some companies have even leveraged the DMCA tostop owners from modifying the programming on those products. This means you can’t strip DRM off smart kitty litter boxesinstall custom software on your iPad, or alter the calibration on a tractor’s engine. Not without potentially running afoul of the DMCA.
    What does any of that have to do copyright? Owners, tinkerers, and homebrew “hackers” must copy programming so they can modify it. Product makers don’t like people messing with their stuff, so some manufacturers place digital locks over software. Breaking the lock, making the copy, and changing something could be construed as a violation of copyright law.
    And that’s how manufacturers turn tinkerers into “pirates”—even if said “pirates” aren’t circulating illegal copies of anything. Makes sense, right? Yeah, not to me either.
    It makes sense to John Deere: The companyargues that allowing people to alter the software—even for the purpose of repair—would “make it possible for pirates, third-party developers, and less innovative competitors to free-ride off the creativity, unique expression and ingenuity of vehicle software.” The pièce de résistance in John Deere’s argument: permitting owners to root around in a tractor’s programming might lead to pirating music through a vehicle’s entertainment system. Because copyright-marauding farmers are very busy and need to multitask by simultaneously copying Taylor Swift’s1989 and harvesting corn? (I’m guessing, because John Deere’s lawyers never explained why anyone would pirate music on a tractor, only that it could happen.)

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