October 25th, 2024

Victory Is Sweet: We Can Now Fix McDonald's Ice Cream Machines

The U.S. Copyright Office has allowed legal repairs of McDonald's ice cream machines, enabling bypassing digital locks, but sharing repair tools remains prohibited, highlighting ongoing challenges for the Right to Repair movement.

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Victory Is Sweet: We Can Now Fix McDonald's Ice Cream Machines

The U.S. Copyright Office has granted a significant exemption allowing the legal repair of commercial food preparation equipment, including McDonald’s ice cream machines, which have been notorious for frequent malfunctions. This ruling enables owners and technicians to bypass digital locks that previously restricted access to repair information, a situation that has left many machines inoperable for extended periods. However, while this is a notable advancement for the Right to Repair movement, challenges remain. The ruling does not permit the sharing or distribution of tools necessary for repairs, limiting accessibility for many franchise owners and independent repair shops. Additionally, broader exemptions for other commercial and industrial equipment were not granted, leaving many businesses still reliant on manufacturer-authorized repairs. The ruling highlights ongoing tensions between consumer rights and manufacturer control over repair processes. Advocates are pushing for further reforms in copyright law to enhance repair rights and access to necessary tools. The fight for comprehensive repair rights continues, with hopes for future legislation, including the Freedom to Repair Act in the U.S. and similar initiatives in Canada.

- The U.S. Copyright Office has allowed legal repairs of McDonald's ice cream machines.

- Digital locks that hindered repairs can now be bypassed, but tools for repairs cannot be shared.

- Broader exemptions for other commercial equipment were denied, maintaining manufacturer control.

- The ruling is a step forward for the Right to Repair movement but highlights ongoing challenges.

- Advocates are seeking further reforms in copyright law to improve repair rights.

AI: What people are saying
The comments reflect a mix of opinions and insights regarding the recent developments in the repairability of McDonald's ice cream machines.
  • Many commenters discuss the ongoing issues with the machines, citing maintenance and training as key factors in their frequent breakdowns.
  • There is skepticism about McDonald's commitment to resolving these issues, with some suggesting it serves as a marketing strategy.
  • Several users express frustration with the DMCA and its implications for repair rights, advocating for broader rights to repair beyond just ice cream machines.
  • Some comments highlight the potential for positive change in Canada regarding repair legislation, contrasting it with the U.S. situation.
  • Humor and sarcasm are prevalent, with users making light of the situation and the absurdity of the ongoing debate.
Link Icon 39 comments
By @ThinkBeat - 6 months
The biggest reason I have read for why machines do not work, or are not being used is due to lack of maintenance, and employees who are trained to do so. (and people quit all the time).

Having worked at a fast food join (not McDonalds) much earlier in my life, any lacking maintenance and proper cleaning, especially if there has been a power outage will turn the the machine into a rapid incubator for bacteria that will make you ill.

Since shifts change and not everyone keeps on the machine, a power outrage can quickly be lost to the workers.

Getting angry if an employee tells you the machine is broken and demanding ice-cream is an exceedingly bad idea. Take that as a blessing. The employee may have saved you from running to the bathroom a lot.

I personally stay away from softicecream entirely. But if you must, try to find a place where a lot of people are buying so the machine is in frequent use. That doesn't mean its safe but it makes it a lot more likely.

Of course not being used frequently is not an automatic reason for the machine to be in incubator mode, it may will be well cared for, well cleaned, great maintenance.

By @subarctic - 6 months
> Meanwhile, Canada is in the final stages of considering legislation that would fix the Canadian version of the DMCA, a bill called C-244 that is in its third reading in the Senate and expected to move before the end of the month. If Canada legalized circumventing technological protection measures for the purposes of repair, we might just have to head north to find the tools we need to do repairs.

That's good news, I didn't know about that bill. It looks like it was voted for unanimously in parliament. It's nice when you hear about our government doing something good for once.

By @dang - 6 months
Related. Others?

McDonald's ice cream machines are always broken and now the feds are involved - https://news.ycombinator.com/item?id=40832988 - June 2024 (2 comments)

FTC and DOJ want to free McDonald's ice cream machines from DMCA repair rules - https://news.ycombinator.com/item?id=39717558 - March 2024 (177 comments)

McDonald's ice cream machine hackers say they found 'smoking gun' - https://news.ycombinator.com/item?id=38657192 - Dec 2023 (230 comments)

The Real Reason McDonald's Ice Cream Machines Are Always Broken [video] - https://news.ycombinator.com/item?id=38232983 - Nov 2023 (2 comments)

iFixit tears down a McDonald’s ice cream machine, demands DMCA exemption for it - https://news.ycombinator.com/item?id=37325200 - Aug 2023 (6 comments)

Why McDonald's Ice Cream Machines Are Always Broken and How to Fix Them - https://news.ycombinator.com/item?id=37319841 - Aug 2023 (3 comments)

iFixit Petitions Government for Right to Hack McDonald's Ice Cream Machine - https://news.ycombinator.com/item?id=37311239 - Aug 2023 (301 comments)

Ice cream machine hackers sue McDonald's - https://news.ycombinator.com/item?id=30527939 - March 2022 (154 comments)

New emails released in the McDonald’s ice cream machine lawsuit - https://news.ycombinator.com/item?id=29325507 - Nov 2021 (138 comments)

Ask HN: Are McFlurries suddenly back now that lawsuit is pending? - https://news.ycombinator.com/item?id=28581906 - Sept 2021 (14 comments)

McDonald’s unreliable ice cream machines reportedly under FTC investigation - https://news.ycombinator.com/item?id=28407525 - Sept 2021 (41 comments)

Investigating why McDonald's ice cream machines are often broken [video] - https://news.ycombinator.com/item?id=26936774 - April 2021 (234 comments)

The Reason McDonalds Ice Cream Machines Are Always Broken - https://news.ycombinator.com/item?id=26932344 - April 2021 (3 comments)

They Hacked McDonald’s Ice Cream Machines–and Started a Cold War - https://news.ycombinator.com/item?id=26874436 - April 2021 (4 comments)

I reverse engineered McDonalds’ internal API - https://news.ycombinator.com/item?id=24861623 - Oct 2020 (420 comments)

By @PedroBatista - 6 months
Does anyone else thinks this is actually a great incidental marketing campaign for McDonald's? Not only the free reach but also tons of people discussing the "problems" with a big co and how to "fix" them as they are an essential part of society, and this case ice-creams.

Sure we focus on the big brain things like copyright, business malpractice and MBA lore but with it comes McDonald's embedded.

I know this might sound a bit snobby, but just don't play the game, ignore them. If there is criminal activity let who gets paid deal with it, otherwise just move on and stop "fixing" problems that are not of your concern, let alone "fixing" them for free.

By @EMIRELADERO - 6 months
The DMCA, though a mostly terrible law, actually doesn't prohibit any of what the ice cream machine people want to do, at least according to the CAFC.

Chamberlain v. Skylink, final court of appeals for the federal circuit opinion, page 39:

"Underlying Chamberlain’s argument on appeal that it has not granted such authorization lies the necessary assumption that Chamberlain is entitled to prohibit legitimate purchasers of its embedded software from “accessing” the software by using it.

Such an entitlement, however, would go far beyond the idea that the DMCA allows copyright owner to prohibit “fair uses . . . as well as foul.” Reimerdes, 111 F. Supp. 2d at 304.

Chamberlain’s proposed construction would allow copyright owners to prohibit exclusively fair uses even in the absence of any feared foul use.

It would therefore allow any copyright owner, through a combination of contractual terms and technological measures, to repeal the fair use doctrine with respect to an individual copyrighted work—or even selected copies of that copyrighted work. Again, this implication contradicts § 1201(c)(1) directly. Copyright law itself authorizes the public to make certain uses of copyrighted materials. Consumers who purchase a product containing a copy of embedded software have the inherent legal right to use that copy of the software. What the law authorizes, Chamberlain cannot revoke." (Emphasis mine)

By @starkparker - 6 months
Buried deep down:

> Video Game Accessibility:

> Unfortunately, the exemption allowing circumvention of digital locks on video games for accessibility purposes (introduced in 2021) was not renewed. No petition for renewal was submitted, and as a result, individuals with disabilities who need alternative input methods to play video games are left out.

By @tedunangst - 6 months
What's the over/under on how many franchises will now resume selling ice cream?
By @ingen0s - 6 months
2024 was the year that an ice cream fix post became the most voted article on HN
By @mcdow - 6 months
Here's a great YT video on why McDonald's ice cream machines are always broken: https://youtu.be/SrDEtSlqJC4

TL;DW: there are some perverse incentives to keep them broken. Basically the owner operators are forced to use a particular brand by corporate. Corporate McDonalds has a deal with a particular ice cream machine company. That particular company is the only company owner operators are allowed to buy from, and the only company allowed to service the machines. And it's no skin off of McDonald's back for these machines to always be broken, the cost falls on the owner-operators.

By @Rugu16 - 6 months
First great write up and second kudos to iFixit for fighting this fight.
By @rootusrootus - 6 months
Does McD's still use these machines today? It seems like this has been going on for decades, more than long enough that pretty much everyone seems to know about it. I would have guessed that by now McD's would want to move on to a new setup that did not cause them such consistent negative PR and leave a trail of unhappy customers.
By @mmmlinux - 6 months
Great, They made its so defeating the lock isn't illegal. Too bad selling the tool to do it is.
By @unit149 - 6 months
As per the US Code, title § 1201(D) "noninfringing uses" including but not limited to non-profit or archival purposes aren't a circumvention of the technological measure. No need to skirt DMCA if the fair use doctrine is in place.
By @yreg - 6 months
I've heard plenty of stories about the MCD ice cream machines, but it doesn't add up for me. Can someone who has more insight shed some light into this?

- Are the machines listed as "broken" on https://mcbroken.com/ actually broken? Or is that more of a meme, with many just undergoing routine cleaning, etc.?

- Why does this seemingly happen only in US? In European McDonald's it's pretty much unheard of.

- Why would McDonald's Corp. be happy with the status quo? Is it some kind of tactic to squeeze more revenue from the franchises? If so, why not address it in the franchise agreement and just let restaurants sell more ice cream?

By @coverband - 6 months
Re: specific tools staying outlawed even after this win: What about offering a tool for some legit purpose, but it just happens to be the right tool that can be used to repair the protected item?
By @from-nibly - 6 months
Nice, the politicians were able to get some brownie points on a hot button issue without actually doing anything! Good for them, I bet they feel proud, they deserve some of the ice cream they so valiantly saved.
By @sans_souse - 6 months
It took this long to establish a Right to Repair for Ice Cream Machines... So, where shall we set the over:under for number of years til regain a Right to Repair our own cars?
By @Liquix - 6 months
iFixit is a strange entity. Their website, repair kits, and tutorials are all excellent. The amount of success they've had in championing right to repair initiatives in legal arenas is commendable. But it's not so great that the two are intertwined. It seems inevitable that conflicts of interests will arise between their exclusive deals with manufacturers, business selling repair kits, and increasing influence in the legal system.
By @ErigmolCt - 6 months
This is a solid step toward more common-sense repair laws. The Copyright Office’s ruling is a win
By @alexwasserman - 6 months
I just looked, and it’s been a while since Pulp Fiction came out, so now the McDs large shake is $5.
By @everyone - 6 months
Groups being motivated to ensure ice-cream machines are inoperable is a perfect example of a perverse incentive.
By @Waterluvian - 6 months
15%?!

Is this a uniquely American thing because I can’t remember ever having a “sorry our machine is down” in Ontario.

By @chachacharge - 6 months
so glad we can hack these machines... now i can inject semiglutides into each cone at home
By @frenchie4111 - 6 months
If you are interested in doing this for commercial control systems, come talk to me.
By @fourthark - 6 months
Apparently, no you can’t. But one can.
By @tamaharbor - 6 months
Aside: Is it really ice cream?
By @Buttons840 - 6 months
If you can raed tihs, you hvae voilated the DCMA and cmomitted a fleony.

The oirginal palin txet of tihs msesage was put trhough a porprietary ecnryption aglorithm I cerated, and waht you see hree is the rseulting cpyher txet. It is illegal for you to rveerse my porprietary ecnryption aglorithm.

I wnat tihs on a TS-hirt.

By @rummyMars - 6 months
Sabhjjtyi
By @iamnotsure - 6 months
What about the cows?
By @coder543 - 6 months
I wish we would just repeal the DMCA.

Under no circumstances should we need an exemption from the copyright office just to be able to repair an ice cream machine. It's not even a permanent exemption! The DMCA causes many weird problems.

By @SoftTalker - 6 months
All of this was unnecessary on the old ice cream machines. The downside was they had to be cleaned and sanitized every night and that meant you needed one more person on the closing team. It was all about saving labor costs.
By @wwweston - 6 months
Note this part:

> This time, the FTC and DOJ even weighed in to support our petition.

See also:

https://www.ifixit.com/News/92942/the-ftc-and-doj-call-for-i...

Elections matter.

By @lysace - 6 months
Bad headline. No, they can't. They are now allowed to, but they don't have the actual ability to do so.

Clickbait of the weirdest kind - the totally unnecessary one. They could have gone with more truthful "We're now allowed to" with the same amount of impact... right?