Economic
Highlights
New Delhi, 10 July 2017
Right to Repair
CAMPAIGN INDIA TOO NEEDS
By Shivaji Sarkar
Not so long ago, an Indian excelled in “jugaad” also called the Ludhiana
technology. Indian semi-skilled techies ruled the repair and innovation
business. It found takers even in the West. Unmistakably, ‘jugaad’ developed into a billion dollar industry, providing jobs
and business. But now with hi-tech computer-controlled devices such as washing
machines, cars or other devices this industry is facing severe problems.
There is no denying it had developed into a
lucrative business in several areas including the auto and other machinery
spares. Even newspaper printing technologists were taking the help of who many
might designate as hackers to devise parts of printing machines that had become
outdated. Even today a prestigious mass communication institute runs an
obsolete offset printing machine with the help of such ‘jugaadus’. It had been so successful that in 1990s a UK dealer
used to market Indian-made Ambassador cars with ‘do it yourself” kit. He was
selling 30 cars a month.
Sadly, gone are those days. The difficulties
are not restricted to the techies; it is a woe for millions of householders,
who used to fix many of the problems themselves. The householders are extorted
by the giant manufacturers in the name of “providing service”. It costs more
than double the price, as the parts itself may cost just Rs 50 but fixing
charges would cost over Rs 1500. Since the spare would not be available in the
market, as the manufacturer wants to keep a monopoly, the user has no option
but to get fleeced by companies such as Samsung, Videocon, LG or any other.
The key to extortion is in the word ‘scan’. A
computer is attached to a device to ‘find’ out the problem, which simple
deductive argument can find it. Well, there is a charge for it that makes auto
or other manufacturers richer. Say it is your Honda car, the company at every
service does the ‘scan’, charges Rs 450, in addition to about Rs 3000 charged
for servicing, to tell you the car has no problem.
If you fix your car balancing problem outside
for a fraction of a cost, the company charges, it frowns upon you and sometimes
threatens you with cancellation of the warranty. Customer is no more the king.
They have become servants to their manufacturers.
The companies revel in this malpractice as
they earn more than they do from selling devices. In the absence of a
monopolies law and a weak competition act, fleecing is the rule. Remedies even
from consumer courts are difficult, time-consuming and cumbersome. The
companies know it so they are extortive.
The companies deny the consumers their
inherent right to repair through so called hi-tech and patent protection. The
practice is anti-consumer, anti-farmer and anti-poor. This is impacting the
mobile phone, washing machine, refrigerator, tractor and other device
repairers. Worse, this is leading to job losses on the one hand and on the
other deprives the user of the option of inexpensive fixing of the minor
problems.
Why is the consumer unable to handle the
situation? This is because the laws are vague; the companies have cartelised
and jargonised the problems. Their usual arguments are that consumers cannot be
given the right to ‘destroy’ the machines and that the companies are their “protectors”.
The arguments are as destructive as telling a buyer of a house that even after
he buys the property, the seller would have the right to repair and alterations!
Once a device is sold, it is the option and
right of the buyer to do whatever he wants to do with his property. The
companies do not have right over it except a responsibility that if the
consumer seeks help they are bound to provide it.
While Indian consumers are ruing the ingress
of foreign and Indian “hi-tech” products, their friends in the US have launched
a movement. They call it right to repair. No they too have not been able to fix
the big lobbies but have in a small way able to impact them. It is becoming a
mass movement. Indian consumers and farmers need to learn. Often consumers are
foxed by the manufacturers, who say that repair information is proprietary and
work to shut down repair shops.
In actuality, the manufacturer, except for
providing assistance, which is legally mandatory, has no right over the product
that has been sold to anyone. Once sold, the proprietary rights cease to exist.
Denying information on repair needs to be made a punishable offence. However,
still it is not.
Even in the US, the companies rule the roost.
Only in May 2017, the US Supreme Court has come to the rescue of the buyer in
what is called “right to tinker printer cartridge ink’. A repairer, Impression
Products, wanted to make a toner cheaper by refilling Lexmark manufactured
printer cartridges. The Lexmark sued claiming proprietary rights. After a long
battle, the US apex court ruled against Lexmark.
This seemingly insignificant tussle over
printer toner clears the way for small businesses to fix the problem without
the manufacturer’s permission. The court's reasoning
will help protect the consumer rights from overbroad copyright and other
restrictions, such as the ones written into “end user licence agreements” for
software or imposed by technological restrictions.
The battle over such issues is
becoming a wide movement across the US. The users and local techies are coming
together to establish their rights. Farmers are fighting the computer giants,
who have put some copyright-protected software in tractors and heavy machinery.
They are forced to work with company-approved technicians, who live far away
and demand expensive charges. The farmers are supporting a right to repair
legislation.
The large companies are
contesting it. One giant computer firm is said to earn over $4 billion a year
through smart phone repair business. The company says they are “protecting
against hackers”. The agitators are demanding that repair manuals be provided.
The perception that one cannot fix his problem has been challenged and is
finding wider support. The issue is not about just some devices but is being
propagated as the spirit of self-sufficiency so that repairers survive and
consumers could get affordable services.
Indian consumers need to learn
and so should the government and its consumer affairs department. While ‘Skill
India’ is being promoted, it should also tailor it to the concept of
self-sufficiency to protect the indigenous innovative workers and the proprietary
right of the common man over the product he buys. Cheaper repairs would create
jobs, add to wealth, GDP and give freedom from the clutches of the giants.
---INFA
(Copyright,
India News and Feature Alliance)
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