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ABSTRACT Over the past several years there has been a growing movement aimed at guaranteeing consumers the right to repair their products themselves after purchasing them, as opposed to paying original equipment manufacturers to repair the devices. Advocacy groups have successfully convinced state legislators to introduce these "Right to Repair " bills around the country, however none have successfully been enacted as law. These bills have been met with a mix of apathy from legislators and staunch resistance from corporations who have a vested interest in limiting the availability of repair options. Although there have been recent exemptions added to the Digital Millennium Copyright Act, the existing framework of copyright law and enforcement in the United States is insufficient to protect consumers' right to do what they will with their products. Through End User License Agreements and other contracts, companies are effectively able to limit the right to repair via contract even if there were to be a drastic overhaul of our current copyright system. This Note argues that Congress should adopt legislation requiring companies to facilitate the repair process and should incorporate a "degree of reparability" requirement in the legislation to ensure the ability to repair remains an option for most consumers.
I. Introduction
Fifteen years ago, it would have been hard to imagine the ubiquity of smartphones.1 Now it is hard to imagine a day without one. However, if you have ever broken the screen of your phone, dropped it in a puddle, or otherwise damaged your phone, you understand how central to everyday life it has become. Your frustration might have been amplified when you learned how much it costs to fix your phone. while most companies offer warranty programs-Apple, for example, sells AppleCare+, which can be used to extend the warranty of your phone and cover accidental damage2-they do not cover all damage and certainly are not free. In the case that you purchased AppleCare, or your phone was not "accidentally" damaged, Apple will fix your screen for $29 at an Apple Store or another authorized service provider.3 However, if you are outside of the scope of the warranty and did not purchase AppleCare, you may be looking at a $129-1329 bill to have Apple perform the repair.4 Not to...