Devices That Seem to Limit Self-Repair Not Anti-Consumer, Microsoft Tells FTC
Though “repairability” is one of the many “competing features” that Microsoft “strives to design” into its products, “consumers also demand features that drive design choices which may have the effect of impacting or impeding repairability,” the company commented to the FTC, posted Friday in docket FTC-2019-0013. It's the first tech company to weigh in on the “Nixing the Fix” inquiry on whether manufacturer “limitations” on third-party repairs can thwart consumer protections in the 1975 Magnuson-Moss Warranty Act.
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As the commission prepares for its July 16 Nixing the Fix workshop, “we urge the FTC to take a holistic approach to assessing product design choices adopted for reasons that benefit consumers,” said Microsoft. The consumer tech market is “highly competitive,” and the public has the “freedom to choose devices that meet their needs and preferences,” it said. As the agency hasn't made all such comments public and the deadline for them was April 30 (see 1905160073), we filed a Freedom of Information Act request for them Sunday.
For consumers who deem repairability “an important factor” in the purchase decision, “there are devices in the market that are readily repairable, and consumers can use their purchasing power to select such devices,” said Microsoft. “Balance the consideration of these significant consumer benefits against any incidental impacts on the ability to repair such devices,” it recommended. The tech industry “is already balancing these kinds of considerations,” it said.
Using glue instead of machine screws to fasten the battery in a device isn't done intrinsically to render the product unrepairable, said Microsoft. “There are many pro-consumer design reasons for using an adhesive to affix a battery to a device enclosure, including product safety, product durability, battery protection, and extended battery life.” Those kinds of design decisions run “far afield” of Magnuson-Moss, “which restricts the specific practice of conditioning warranties on requirements to use a certain branded product or service,” said Microsoft. Right-to-repair advocacy company iFixit didn’t comment Monday. Its April 30 report to the FTC gave Microsoft Surface tablets low repairabilty scores, partly for their use of adhesives instead of screws.
FTC action to “regulate, authorize, or guide specific design elements will limit competition and stifle innovation among product manufacturers,” said Microsoft. “Not only will such action discourage product manufacturers from competing based on certain product features and design elements, it will also limit product developers’ ability to respond to future consumer demand.”
Safeguarding intellectual property against piracy threats is another legitimate reason for limiting device repairability, said Microsoft. “Unscrupulous third parties have been known to seek ways to modify Xbox devices to permit a user to play a pirated game or engage in unauthorized copying of movies or games.”