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Friday, April 28, 2023

Microsoft quietly moves on right to repair in its home state; bill didn't pass but suggests a shift in the issue landscape

So far, New York and Colorado have passed solid legislation to support the right to repair equipment. Now, tech giant Microsoft has moved toward a middle ground that could make a lot of difference in future legislation, reports Maddie Stone of Grist.

"In March, Irene Plenefisch, a senior director of government affairs at Microsoft, sent an email to the eight members of the Washington state Senate's Environment, Energy, and Technology Committee, which was about to hold a hearing to discuss a bill intended to facilitate the repair of consumer electronics," Stone writes. "Typically, when consumer-tech companies reach out to lawmakers concerning right-to-repair bills — which seek to make it easier for people to fix their devices, thus saving money and reducing electronic waste — it's because they want them killed. Plenefisch, however, wanted the committee to know that Microsoft, which is headquartered in Redmond, Wash., was on board with this one, which had already passed the Washington House. . . . Plenefisch wrote to the committee. 'This bill fairly balances the interests of manufacturers, customers, and independent repair shops and in doing so will provide more options for consumer device repair.'"

Nathan Proctor, who heads the U.S. Public Research Interest Group's right-to-repair campaign, told Stone, "We are in the middle of more conversations with manufacturers being way more cooperative than before. And I think Microsoft's leadership and willingness to be first created that opportunity." Stone reports, "Like other consumer tech giants, Microsoft has historically fought right-to-repair bills while restricting access and repair documentation to its network of 'authorized' repair partners. But in recent years the company has started changing. . . . In 2021, following pressure from shareholders, Microsoft agreed to take steps to facilitate the repair of its devices — a first for a U.S. company. . . . Microsoft followed through on the agreement by expanding access to spare parts and service tools, including through a partnership with the repair guide site iFixit."

Stone writes, "Microsoft's engagement appears to have shifted the tone . . . . other manufacturers became aware that the company was sitting down with lawmakers and repair advocates, 'they realized they couldn't just ignore us,' Proctor said. His organization has since held meetings about proposed right-to-repair legislation in Minnesota with the Consumer Technology Association and TechNet, two large trade associations that frequently lobby against right-to-repair bills and rarely sit down with advocates. . . . 'A lot of conversations have been quite productive' around a Minnesota right-to-repair bill, Proctor said."

Despite Microsoft's quiet support, the bill did not pass. "Senator Drew MacEwen, one of the Republicans on the Energy, Environment, and Technology Committee who opposed the bill, said that Microsoft called his office to tell him the company supported the Fair Repair Act," Stone reports. MacEwen told her, "I asked why after years of opposition, and they said it was based on customer feedback." Stone adds, "But that wasn't enough to convince MacEwen. He said, "Ultimately, I do believe there is a compromise path that can be reached but will take a lot more work."

The bill's sponsor, Rep. Mia Gregerson, "wonders if Microsoft could have had a greater impact by testifying publicly in support of the bill," Stone writes. "While Gregerson credits the company with helping right-to-repair get further than ever in her state this year, Microsoft's support was entirely behind the scenes. Gregerson told Stone, "They did a lot of meetings, but if you're going to be first in the nation on this, you've got to do more."

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