Those following the right to repair saga in the US may be forgiven a slight sense of deja vu when looking at John Deere’s latest voluntary agreement on the issue

The major drawback is that it is only a pledge by the manufacturer, as drawn up with the American Farm Bureau Federation (AFBF); it is not enforceable by law, nor is any provision made for an independent arbitrator to be appointed in case of dispute.

Nothing new

It was in 2018 that California-based Far West Equipment Dealers Association (FWEDA), a body representing machinery dealers, including John Deere agencies, issued a statement of principle which said that it was dedicated to seeing the requisite tools and material being made available to farmers for machines made in 2021 onwards.

This was hailed as a breakthrough agreement at the time, but the right to repair lobby is quick to point out that nothing much has happened since and farmers still have to rely on the services of their local authorised dealer to fix new tractors.

John deere right to repair
Many North American prairie farmers like their tractors big and simple, enabling them to be fixed in the yard

The fact that a new agreement was deemed necessary might also point to the shortcomings of the earlier memorandum.

This new statement also makes it quite clear that the pledge applies only to the US and Puerto Rico, and no other regions of the world, including Europe.

Taken to court

John Deere has maintained, from the beginning of the digital revolution, that only its appointed agencies should have access to the diagnostic and service material required to keep tractors running.

It has stoutly defended this position over the last few years despite the several lawsuits that are presently making way through the courts at state level.

John Deere right to repair
The agreement covers John Deere’s entire range

In addition to the private lawsuits there are a handful of US states considering the introduction of right to repair legislation.

Although these moves are primarily aimed at the automotive industry, rather than agricultural machinery, the proposed laws will apply to both, as they will to other consumer devices such as mobile phones.

Voluntary agreement

It is suggested by right to repair advocates such as the US-based Public intertest Research Group (PIRG) that John Deere is attempting to head off such legislation through bringing this agreement to the table.

Within the memorandum of understanding (MOU) there is the clear clause that:

“AFBF agrees to encourage state Farm Bureau organisations to recognise the commitments made in this MOU and refrain from introducing, promoting, or supporting federal or state ‘Right to Repair’ legislation that imposes obligations beyond the commitments in this MOU.”

It goes on to state that should any right to repair legislation be passed, John Deere reserves the right to withdraw from the voluntary agreement within 15 days of the legislation coming into effect.

Although PIRG recognises this MOU as a potential step forward, it has concerns over the the enforcement of its stipulations.

Legislation is enforceable by law, the MOU only suggests a series of steps that escalates any dispute between a farmer and dealer up to a stage where the AFBF and the company become involved. Beyond that there appears no final mechanism for settling disagreements.

How much?

Another concern is that John Deere agrees to make the information and tools available at a fair and reasonable cost, but fair and reasonable to whom?

A farmer from the US state of Montana has recently claimed that a dealer wanted $8,000 (€7,390) for software, equipment, and training before it would give it to him under the previous agreement.

Digital repair john deere
The complexity of modern machinery multiplies. Even a trailer may require multiple connections

In its defence, John Deere points out that interference with a tractor’s electronic systems may present a threat to the safety of its operation.

The company also notes that emissions standards may also be compromised and altering the engine management systems to provide more power could damage it.

Alternative means

Presently, the argument is mainly confined to the US; here in the EU there does not appear to be the groundswell of opinion demanding the same right to repair as is being sought in the US.

Any proposed right to repair legislation in Europe is focussed on consumer goods rather than industrial equipment and manufacturers must already, by law, provide manuals to professional repairers, although not to the consumer.

In Ireland the issue is often addressed by applying a combination of expertise, a network of experience within the trade and a multi-meter to locate and rectify faults, the majority of which are due to sensor failure, according to PIRG.

There is also the whispered option of pirated software which is said to often originate in eastern Europe.

Further concerns

There are two further worries for the manufacturers which have received little attention so far, but they may yet come to plague all companies relying on telematics and onboard electronics to enable their products to function.

The first is security; late last year a group of hackers claimed on a blog, with a good deal of detail attached, that they had entered the supposedly secure networks of car manufacturers and the cars themselves.

Hackers new tractors
Tractors as well as cars may be vulnerable to hacking

The hackers then had the ability to cause vehicles to start, adjust engine management systems, report vehicles as stolen and even alter ownership details, although they did none of this.

Not all manufacturers were affected to the same degree, but it is a fair assumption that tractors could be vulnerable to the same security weaknesses as they will be running on similar software.

Golden oldies

The second problem facing tractor companies is that farmers simply stop buying new machines and rely on patching up older models that don’t have the same electronic sophistication.

John Deere right to repair
Still going strong, but compatibility with modern implements may be a problem

This is said to be already happening in the US with prices for good, older tractors rising steeply, yet there is little direct evidence of it here so far, the possible reason being that modern implements will frequently require ISOBUS-enabled tractors.