Over the past several decades, manufacturers of agricultural equipment have made it increasingly difficult for agricultural producers to repair their own machines. This difficulty is partially the product of complex software that is itself difficult to repair as well as manufacturer imposed restrictions. These repair restrictions, the focus of this article, are being effected both legally (through contract and copyright law) as well as technologically (through encrypted software). These restrictions are harmful to Nebraska’s agricultural producers as well as its economy. Despite their pledges to the contrary, manufactures have continually failed to provide meaningful redress; notably, the memorandums of understanding signed by multiple manufactures of late are illusory and are not enforceable. Given also the absence of federal action to remedy this problem, the Nebraska Legislature needs to step up and enact legislation to protect its producers and promote economic growth. An Agricultural Right-to-Repair Act, as advanced in this article, appears to be fitting, necessary, and within the scope of the legislature’s authority.
Max R. Beal,
Reigning in John Deere: Time for the Nebraska Unicameral to Enact Agricultural Right to Repair Legislation,
102 Neb. L. Rev. 245
Available at: https://digitalcommons.unl.edu/nlr/vol102/iss1/7