The U.S. government has urged for more accessible repair options for frequently malfunctioning soft-serve ice cream machines in establishments like McDonald’s and other fast-food chains.
In a recent communication to the U.S. Copyright Office, both the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) antitrust division have advocated for exemptions under the Digital Millennium Copyright Act (DMCA) for “commercial soft serve machines.”
This law currently complicates repair processes for franchise owners or third-party technicians by restricting their ability to undertake repairs independently.
Presently, only technicians authorized by the manufacturers of McDonald’s soft serve ice cream machines are permitted to perform digital repairs.
The joint letter addressed to the Copyright Office emphasized, “In the Agencies’ view, renewing and expanding repair-related exemptions would promote competition in markets for replacement parts, repair, and maintenance services, as well as facilitate competition in markets for repairable products.”
Furthermore, the letter highlighted the detrimental impact of soft-serve equipment breakdowns, citing potential daily sales losses of $625, extended wait times for authorized repairs, and exorbitant costs of licensed repair services, with charges reportedly exceeding $300 for every 15 minutes.
The FTC began investigating consumer and franchise owner complaints in 2021 regarding persistent breakdowns of soft serve machines at McDonald’s, resulting in financial losses while awaiting authorized repairs.
In 2022, McDonald’s faced a lawsuit worth $900 million from an ice cream repair company. The lawsuit followed McDonald’s prohibition of franchise owners from utilizing a particular product that offers an easy solution for soft serve machine issues.
This device enabled troubleshooting of digital malfunctions via Wi-Fi, circumventing the need for authorized repairs by Taylor, the exclusive manufacturer of McDonald’s ice cream machines.
McDonald’s argued that the device violated the machine’s warranty and posed risks of “serious human injury,” as reported by the New York Post.
