After years of leaving customers craving McFlurries and franchise owners in constant frustration, McDonald’s unreliable ice cream machines might finally be headed for a fix. Thanks to a landmark decision by the U.S. Copyright Office, franchisees and third-party technicians can now legally diagnose, maintain, and repair these machines—effectively bypassing restrictive digital locks that have long forced them to rely solely on the machines’ manufacturer, Taylor.
For years, McDonald’s ice cream machines have been notoriously prone to breakdowns. Customers would approach the drive-thru, only to be told, “The machine is broken,” sparking memes, apps to track broken machines, and even legal battles. The root of the problem? A complex, often finicky machine manufactured by Taylor that, until now, could only be serviced by Taylor itself. Franchisees have long complained about the excessive costs and delays associated with Taylor’s repair services, and digital locks embedded in the machines’ software prevented them from attempting any repairs on their own.
This new exemption could be a long-awaited solution. As part of the triennial review process under Section 1201 of the Digital Millennium Copyright Act (DMCA), the U.S. Copyright Office ruled that franchisees and third-party technicians are now legally allowed to bypass these software locks. This ruling enables them to perform diagnostics, maintenance, and repairs without risking copyright infringement—marking a crucial step in the ongoing battle for consumer rights in the “right-to-repair” movement.
The right-to-repair movement has been gaining momentum over the past decade, pushing back against restrictive manufacturer practices that limit consumers’ ability to repair or modify the products they own. For advocates of this movement, the ultimate goal is to grant consumers and businesses alike the freedom to fix their own devices and equipment without costly, unnecessary barriers. The movement argues that companies who restrict repairs create monopolies on repairs, leading to higher costs and longer wait times, with companies like Apple, John Deere, and McDonald’s all coming under fire.
This new ruling is seen as a victory in the broader fight for repair rights. Digital repair advocacy group iFixit, known for its mission to empower consumers with repair guides and tools, joined forces with Public Knowledge, a nonprofit consumer advocacy organization, to push for this exemption. The Federal Trade Commission (FTC) and Department of Justice (DOJ) also voiced their support. Meredith Rose, senior policy counsel at Public Knowledge, described the exemption as “a major win,” saying, “There’s nothing vanilla about this victory… businesses can better serve their customers without unnecessary roadblocks.”
McDonald’s ice cream machines are made by Taylor, and while they can produce soft serve at high speeds, they’re also intricate machines with delicate components that require regular upkeep. Taylor’s machines operate with software locks that prevent anyone other than Taylor’s authorized technicians from diagnosing or fixing issues, even minor ones. This forced franchisees into a cycle of constant, expensive repairs, with no option for simpler, self-administered solutions.
iFixit’s deep dive into the machines, detailed in a teardown last year, revealed that the equipment contained many replaceable parts, yet access was restricted. This “repair lock-in” situation became a focal point for iFixit and Public Knowledge, who argued that the lack of repairability was an unnecessary, burdensome obstacle for franchise owners and customers alike. As Rose pointed out, the change means franchisees can now take control of basic maintenance, reducing machine downtime and, hopefully, keeping more McFlurries flowing.
With the new exemption, franchisees can perform straightforward maintenance and repairs without Taylor’s intervention. The ruling, set to take effect on October 28, 2024, will allow them to tap into third-party repair services that may be faster, more affordable, and more effective than those offered by Taylor. This change stands to benefit not only the franchise owners but also the millions of McDonald’s customers who’ve become accustomed to the disappointment of broken machines.
The ruling specifically applies to “retail-level commercial food preparation equipment,” meaning that while McDonald’s ice cream machines were the most notable example, other food service equipment in similar retail settings will be included. However, it doesn’t cover the full spectrum of commercial and industrial equipment that iFixit and Public Knowledge initially sought. Still, this focused exemption lays a promising foundation for future right-to-repair decisions.
The Copyright Office’s decision on McDonald’s ice cream machines is a promising signal for the future. Right-to-repair advocates are hopeful that it could spark more legal changes across different industries. With growing public awareness and government support, momentum appears to be on the side of consumer rights and repairability.
As this ruling goes into effect, it may even encourage companies to reconsider their stance on repair restrictions. Restrictive policies are already beginning to face pushback from lawmakers across the U.S., and the ruling opens the door for similar exemptions for other commercial and consumer products.
