The Missouri House is currently hearing arguments about a so-called "Right to Repair" bill, which would provide farmers with unrestricted access to proprietary embedded codes in farming equipment for the purpose of making repairs.
Supporters of the proposal argue that the software used in large mechanical farming equipment—such as tractors or harvesters—unfairly restricts access to the tools needed to fix the equipment when it breaks. But opponents say that the bill, HB 975, is an extreme measure that threatens the security, warranty agreements and intellectual property of the products’ manufacturers. They also believe that it would open the door to a slew of potential liability issues.
"Litigation could follow if the equipment is modified, and really, you're looking at safety and environmental concerns," said Matthew Panik, the Missouri Chamber of Commerce’s vice president of governmental affairs. “If any of the EPA-regulated mechanisms are modified, that could lead to litigation there if the equipment is not used properly.”
Panik is particularly worried that serious injuries could occur if a person were to make changes to internal safety mechanisms, which would open manufacturers up to the possibility of being sued. In addition, manufacturers believe that they should be able to maintain the rights to the technology they develop.
"Setting aside the safety and environmental concerns, I do think that generally, these manufacturers put a lot of time and resources into their intellectual property," Panik said.
Aside from the legal matters, Panik also says that it is not, in fact, necessary for farmers to be able to access the propriety codes. A report cited by the Missouri Chamber of Commerce found that farmers using modern equipment can already perform 95% of repairs on their own without facing any software-related restrictions.
“There's some software that is meant to be used, viewed and known to the user. Other parts of that software are more protected by intellectual property rights and help the equipment function, but that should certainly not be accessed or tampered with,” Panik said.
Opponents stress that there is widespread dismay about the proposal among the state’s manufacturers because its passage would significantly impact the industry.
While a “Right to Repair” bill was first filed last year, it initially failed to gain traction and never progressed to the hearing phase.
In order for HB 975 to move further along in the legislative process this time around, it would need to be voted out of the Agriculture Policies Committee. Nonetheless, Panik remains hopeful that it will not advance to the governor’s desk.
“I do think that public hearing allows a committee to understand the concerns in the industry,” Panik said.