John Deere to pay $99M in right-to-repair settlement
thedrive.com260 points by CharlesW 10 hours ago
260 points by CharlesW 10 hours ago
I live in a wine region in central Calif where everyone has a tractor. We bought a Kubota, enjoy using it and get a lot of work done with it. We have a neighbor that bought a new John Deere and for about a 3 month period we endured nothing but abuse from him because we didn't buy "American". Then his problems started...
The complete crack of Deere's firmware in 2022 must have had some impact on this.
https://www.theregister.com/2022/08/16/john_deere_doom/
Edit: 'Sick Codes confirmed that he believes John Deere failed to comply with its GPL obligations. "I'd love for them to come forward and explain how they are in compliance," he said.'
I wouldn’t really call that a “complete crack” (although it IS cool). There’s an _awful_ lot more firmware in a car or tractor than the display unit, and arguably it’s one of the less important modules in most architectures. Cracked versions of Deere Service Advisor are much more meaningful to the kinds of repairs farmers perform than firmware exploits are.
This is woefully inadequate as a remedy. The dollar amount is minuscule and the remedy time limited. Seems like they just got a license to continue business as usual.
Woah, childs play money for the amount of pain, lock in, and money they’ve cost farmers.
Farmer here. We only run equipment made before 2000 and all of our tractors are from the 1980s. We badly need right to repair.
One of the most user-hostile companies on earth. My John Deere lawnmower came with a fuel gauge that runs off a CR2032 that's embedded in epoxy. The battery runs out of charge in about six months and the gauge stops working. If you saw the gauge open and replace the battery it doesn't start working again. If you disconnect the gauge the lawnmower won't start. Replacement gauges are $60.
Chances are you might find a compatible replacement from China on Ali and the other usual sites for a fraction of the price.
This is where small claims court can have a HUGE impact.
Where I live, in small claims:
* Lawyers are not allowed
* There is no forced discovery. Sue John Deere, and they cannot ask for endless documents
* There is no way to assign costs on loss. If you lose, you never pay costs for the person you sued (which makes sense -- no lawyers)
* If you don't understand something, typically the judge will act as a mediator and explain it to you.
Yet meanwhile, suing in small claims will typically result in a big company using lawyers, who will try to pretend the above is not true. They will also rack up large costs for the company. In the end, sometimes a lawyer will appear in small claims court beside a company employee. However the company employee will do the talking.
My cost to file is $100. My cost to serve (via courier with tracking + sig) was $10. The company I went after, a fortune 500 company, I suspect spent >$50k on lawyers. While small to the company, it is truly a way to level the playing field.
What I find amusing here is, you could sue for a replacement unit. Explain what you found. Where I am, the max resolution is $30k, so you could easily get a refund for the tractor. Citing this issue while describing all of this, could result in two outcomes.
1) Deere employee claims (in their defense) that a batch of units were defective. They then deliver a fixed unit to you. While not perfect, it would be amusing, because they'll have just spent $50k in paying lawyers, along with making a proper unit.
2) You just claim that the tractor is defective, you can't sell it as it is, except maybe for parts. And you're not sure most of them are usable (weird electronics), and even cite that Deere stuff apparently is designed to break without authorized repairs. So how can you in good faith, even try to sell it to anyone??
So you ask for your time, costs, and full replacement costs with another brand.
Adding your wage/hr is somewhat typical here, for calls, research, sawing it open, all of it.
--
Anyhow.
If #1 is chosen and it breaks again, then you can repeat the whole fun process.
And I do mean it is fun.
$100 + I filled out a 2 page form, and then fedexed it to them. Their lawyers kept pestering me, to which I simply said "No" and "I don't need to give you anything, there's no forced discovery". This too was very satisfying, when I kept in mind how each call to me cost the company probably about $1k.
I mean, literally I'm sure each 5 minute call was around that ballpark. It was sheer joy. (Just don't discuss any aspect of the case in these calls.)
Then there was a pre-trail meeting where I, the company rep, and a retired judge sat. I was told that "nothing said here can ever be used in court", which made it more fun. The system's attempt to resolve before trial. That too was fun, for I got to finally tell the company, over and over, how wrong they were.
Anyhow.
It's a fun process.
>Then there was a pre-trail meeting where I, the company rep, and a retired judge sat.
This is them trying to intimidate you right? Or settle pre-court at least? Not part of the actual process where some retired judge always mediates before trial? It reads as gross.
Hot take: it takes mental gymnastics to think that planned obsolescence is not fraud.
Depends how its planned. If its planned to fail but designed in a way thats cheap and easy to replace its ok. Because sometimes it can be the case that to much is spent over engineering a high use part when would be more practical to let it break and replace it every 2 years or so.
Sure, if it's truly planned. I think the tricky part tends to be that it's hard to distinguish between "planned obsolescence" and "incidental obsolescence".
Is there a bright line between cost reduction and planned obsolescence?
Obviously a small unreplaceable battery is not a good example for that discussion.
Going out of your way to make sure the gauge doesn't work after the battery is replaced surely is.
Don’t buy their stuff then.
Don’t comment if you don’t want to actually contribute. How are people supposed to know these things before buying the equipment. What if they’re the only provider in their region? There’s a billion reasons why your comment doesn’t contribute.
Well.. farming equipment are high 6 figures 7 pieces of business equipment (the lifetime operating costs are definitely in the 7 figures.) These are owned and operated by people who I would expect to do this type of research and critical thinking. These aren't normie consumers buying everyday appliances or electronics.
However.. farmers are a weird bunch and they are blinded by brand loyalty or will only buy from an "American" company which ironically allowed JD to stomp all over them because of their dominant market position.
"Don't buy their stuff" is exactly the right answer. You need to do your research before you buy big ticket items. It may not be true in every sector, but Deere has plenty of competition.
Do you seriously expect other companies not following suit? People need lawnmowers, so this can quickly turn into the same situation we have with the inkjet printer market.
How can you do research without victims complaining?
Why wouldn't victims complain?
Because when they do, they receive snide remarks like "just don't buy their stuff then".
Nobody is saying you can't relate your experience with this equipment. What we're saying is consumer action is enough to solve this problem. It just takes some time.
There's a certain type of customer that wants the dealer to handle parts and repair. But those guys aren't the lawn mower segment.
> What we're saying is consumer action is enough to solve this problem.
Citation needed