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1 month ago
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McDonald's customers are rejoicing after the fast food chain won a legal battle to fix what they claim is 'one of life's greatest nuisances.'
The fast food restaurant's ice cream machines are notorious for always being out of service due to a requirement that only the machine's manufacturer can fix any issues.
Now the US government has stepped in to grant a copyright exemption that gives restaurants the 'right to repair' broken machines.
The Digital Millennium Copyright Act (DMCA) was passed in 1998 to protect creators, including machine manufacturers, from the unlawful reproduction and distribution of their creations.
McDonald's works exclusively with Taylor Company, which added digital locks to the ice cream machines to prevent third parties from fixing them.
Customers took to social media to applaud the change, with one person writing on X: 'Finally! McDonald's can now fix its own ice cream machines. More ice cream for everyone!'
Nearly 15 percent of McDonald's ice cream machines in the US are currently not working and at any given time, they're broken at least 10 percent of the franchise's locations.
'It's been a long and rocky road to secure a right to repair, and while there are plenty of dips and twists ahead, today's decision from the Copyright Office will lead to an overdue shake-up of the commercial food prep industry,' Meredith Rose, senior policy counsel at Public Knowledge, said in a statement last week.
Customers rejoiced over the ruling, expressing their excitement on social media that they won't be denied their craving for a McFlurry
As of Wednesday, nearly 15 percent of all McDonald's ice cream machines are broken, losing the company $625 in sales per day for each impacted store
In light of the new ruling, customers who hadn't tried McDonald's ice cream or hadn't had it in years expressed their excitement at being able to trust that they could actually order the item.
'Dead*ss have never tried an ice cream at McDonald's. Ever since I was nine, I was always told 'Our machines are broken,' one person wrote on X, adding: 'Next time I go to McDonald's, I'm trying an ice cream.'
'Great news for McDonald's lovers!' another person wrote. 'Now, when the ice cream machine is broken, it's not 'bye-bye McFlurry' anymore! They can DIY it!'
The Federal Trade Commission (FTC) and the Department of Justice (DoJ) called for McDonald's to be able to fix it's own machines in March of this year amid demands that an exception be made to the Digital Millennium Copyright Act (DMCA).
Public Knowledge, a consumer advocacy group, and e-commerce website iFixit also petitioned the US Copyright Office to implement an exemption to the act.
The US Copyright Office ruled in favor of the exception to the DMCA which will allow McDonald's to fix its own machines or hire third-party vendors to do so. The exemption went into effect on Monday.
IFixit reported that the devices contain 'lots of easily replaceable parts' after looking at one of McDonald's machines last year, meaning the customers could readily find a McFlurry at any location if the company was allowed to fix its machines.
'Today's recommendations are a victory for everyone: franchise owners, independent repair shops, and anyone who's had to bribe their kids with a chilly treat on lengthy road trips,' Rose said.
'There's nothing vanilla about this victory,' she continued. 'An exemption for retail-level commercial food preparation equipment will spark a flurry of third-party repair activity and enable businesses to better serve their customers.'
The FTC fought for McDonald's to be able to fix it's machines despite a copyright law that only permitted the manufacturer to conduct repairs
This isn't the first time the FTC has tried to rectify McDonald's broken ice cream machines.
In 2021, the FTC investigated complaints about the out-of-order machines and issued a notice to employees that it intended to look at 'take-it-or-leave-it' contracts, non-compete clauses, repair restrictions, and exclusionary clauses.
'We have seen how market power abuses and consumer protection concerns can emerge when one-sided contract provisions are imposed by dominant firms,' FTC Chair Lina Khan wrote at the time.
'Consumers, workers, franchisees and other market participants are at a significant disadvantage when they are unable to negotiate freely over terms and conditions.'
McDonald's ice cream machines have been exclusively made by Taylor Company for the last 70 years and because it holds a copyright over the machines, only its repair people could legally fix it.
Although the company's website says 'prompt, personal service is always right around the corner,' McDonald's locations often wait months before a repair person can get to their ice cream machines up and running.
The repairs also come with a hefty price tag, with the FTC reporting that Taylor charges up to $300 for every 15 minutes of work.
The restaurant's inability to offer it's popular ice cream menu items also means they're losing $625 in daily sales at each location, amounting to a loss of $17,500 per month.
Customers are so annoyed about the broken machines that a developer made a website called McBroken, which documents all the locations where the franchise's ice cream machines aren't working.
As of Wednesday, 32 percent of locations in New York were broken in addition to 20.5 percent in San Antonio, 20 percent in San Francisco and 18.7 percent in Seattle.
