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There’s a huge loophole in the MoU that allows John Deere to exit the agreement if right-to-repair laws pass
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–> by Stephen Rivers
1 hour ago
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by Stephen Rivers
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Farmers and ranchers in America can breathe a sigh of relief after Deere and Co. agreed to a memorandum of understanding (MOU) with the American Farm Bureau Federation (AFBF). The MOU ensures that farming equipment owners can service their own equipment moving forward. It’s mostly a major step forward for a movement that’s been battling for this right to repair for years.
Until now, owners of such farm equipment in the USA have been required to take it to authorized service facilities and use only authorized parts. That didn’t sit right with many in the farming and ranching community. The new deal allows owners to not just repair their vehicles, but also allows them access to diagnostic tools.
More: Auto Group Is Taking Massachusetts To Court Over Voter-Approved ‘Right To Repair’ Law
“AFBF is pleased to announce this agreement with John Deere. It addresses a long-running issue for farmers and ranchers when it comes to accessing tools, information and resources, while protecting John Deere’s intellectual property rights and ensuring equipment safety,” said AFBF President Zippy Duvall.
Duvall went on to say, “A piece of equipment is a major investment. Farmers must have the freedom to choose where equipment is repaired, or to repair it themselves, to help control costs. The MOU commits John Deere to ensuring farmers and independent repair facilities have access to many of the tools and software needed to grow the food, fuel, and fiber America’s families rely on.”
John Deere Can Still Pull Out Of The Agreement
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Despite the positive language of executives at the center of this deal, there are at least two loopholes in the MoU that could allow John Deere to exit the agreement down the road. In particular, it is stated that John Deere (manufacturer) and the AFBF agree to meet “as needed, and at least semi-annually” to assess how the MOU is operating, suggest updates and discuss relative matters. The memorandum then goes on to say:
“In the event that Manufacturer or AFBF concludes that, due to changed circumstances, the MOU may no longer be viable, that party shall provide written notice to the other party of its intent to withdraw from the MOU due to the change in circumstances. The parties shall cooperate in good faith to schedule a meeting within thirty (30) days of such written notice to discuss the ongoing viability of the MOU.”
And that’s not the only way out of the agreement as the memorandum gives both John Deere and the federation the right to pull out should either state or federal right-to-repair legislation comes into effect.
“In the event, any state or federal legislation or regulation relating to issues covered by this MOU and/or “Right to Repair” is enacted, each of AFBF and Manufacturer reserve the right, upon fifteen (15) days written notice, to withdraw from this MOU”. So if lawmakers step in, Deere and Co. can step right on out.”
There are a number of other stipulations to protect Deere and Co. along with similar brands too. For example, equipment owners and those who work on them aren’t allowed to “divulge trade secrets” or to “override safety features or emissions controls or to adjust Agricultural Equipment power levels.” That policy falls in line with other agreements we’ve seen in other sectors.
Pressure on other industries, mostly in the tech sector, continues to mount surrounding the right to repair. Last year, Apple launched a unique “self-service repair” program. Government legislators are also calling on companies to allow their customers the freedom to repair the property that they own. This agreement between Deere and Co. along with the AFBA took years to materialize. Whether or not it lasts for years might be another story.
