[HN Gopher] Ice cream machine hackers sue McDonald's
       ___________________________________________________________________
        
       Ice cream machine hackers sue McDonald's
        
       Author : rishabhd
       Score  : 235 points
       Date   : 2022-03-02 14:51 UTC (8 hours ago)
        
 (HTM) web link (www.wired.com)
 (TXT) w3m dump (www.wired.com)
        
       | rkagerer wrote:
       | I hope this case compels evidence into public light around any
       | shady business practices that were taking place.
        
       | 0des wrote:
       | Don't light your grill in someone else's lawn and expect your
       | party keep on forever.
        
         | antisthenes wrote:
         | Do you understand that this logic taken to the extreme is just
         | telling everyone to build a deep anti-competitive moat?
         | 
         | This is bad for the consumer and for society.
        
         | billbrown wrote:
         | If you are a two-person startup, the last thing you should be
         | doing in the face of a market disruption is protracted
         | litigation. Pivot, just pivot.
        
           | ipaddr wrote:
           | Why walk away from a billion dollar payout?
           | 
           | Sometimes you pivot out. This looks like a pivot to
           | litigation.
        
           | dahart wrote:
           | Pivot to what? Their product is focused on a specific niche
           | market with a specific niche problem, and the entire market
           | is being closed. Why not take a moon-shot stab at fighting
           | for it, when the sentiment for people stuck with these
           | machines seems to be wildly in their favor? From my armchair
           | it seems plausible there could be a legal outcome in Kytch's
           | favor because the sale and lack of adequate maintenance of
           | these machines may be bordering on illegal.
        
             | billbrown wrote:
             | The chances of winning are slim, appeals will take a very
             | long time with considerable expense, and they'll have
             | wasted time and energy that they could've spent on an
             | _actual_ pivot. (I don't know if you've been through
             | protracted litigation as a principal trying to recover
             | damages but it is a long, expensive, and painful slog.)
             | 
             | An actual pivot would be finding a different niche market
             | for the device or tweaking the device to serve the same
             | market differently. Find an industrial machine to attach it
             | to and use your notification system to provides alerts and
             | reminders about its maintenance.
        
               | dahart wrote:
               | Completely agree this could be high effort on Kytch's
               | part. I mean launching a successful business is super
               | high effort too, so there's already evidence they're up
               | for a high effort long term play.
               | 
               | I guess it's not up to us to define what an "actual"
               | pivot can look like. Certainly switching to a legal
               | strategy is in fact a pivot from product development and
               | traction metrics.
               | 
               | This new strategy doesn't seem crazy to me, having tried
               | to launch a business myself. I agree it's a moon-shot,
               | but again, it's plausible that they do have a leg to
               | stand on here due to the history of problems these
               | machines have.
               | 
               | * edit BTW, I'd speculate wildly that there's a very good
               | chance Kytch was fully aware of the legal dangers of
               | their plan, and went into the product development phase
               | with eyes wide open in the first place. In addition to
               | their plausible chances for success here, it's also
               | plausible that this legal fight was the expected outcome
               | of their plan, and part of its design, long before it
               | happened.
        
           | jmull wrote:
           | I think this is the pivot.
        
             | adolph wrote:
             | If patent troll doesn't work do legal concern trolling as a
             | public interest research group serving suits.
        
       | ska wrote:
       | Regardless of the technical or business merits of the device,
       | there is a lesson in this for anyone building a product that
       | effectively depends on the co-operation of a much bigger player.
       | 
       | Doing this with their enthusiastic co-operation has to be the
       | best path. Doing it in the face of an antagonistic relationship
       | is really risky.
        
       | seanw444 wrote:
       | I can't remember the last time I went to a McDonald's and they
       | didn't tell me "sorry, our ice cream machine isn't working right
       | now."
        
       | helsinkiandrew wrote:
       | This video exploring the issue came up a few months ago:
       | 
       | https://news.ycombinator.com/item?id=26936774
       | 
       | And of course the McBroken website: https://mcbroken.com/
       | 
       | https://news.ycombinator.com/item?id=24861623
        
       | maerF0x0 wrote:
       | I cant think of anything more definitionally anti-competitive
       | than keeping mcflurry machines available so you can crush any DQ
       | that pops up in your vicinity by fixing it ("oh whoops... it was
       | unplugged!"), and then also crushing a business that aims to
       | solve your problem to help serve customers better.
       | 
       | Let's get the FTC on this, afaik it's illegal to advertise a
       | product you have no intention of actually serving. eg: used car
       | dealers used to do this with an "amazing deal car", which often
       | never existed. People would come down and get enticed to a diff
       | model at a high price.
       | 
       | edit: The "whoops it's unplugged" was a joke about absurd root
       | causes, but also intended to imply equivalently poor attempts to
       | keep the machine working. That is I do not think they literally
       | did not plug it in, but I do think they are not trying very hard
       | to keep the machine up and running. Other threads point out that
       | the real root may actually be that the original creator of the
       | machines made a complex/crap machine and the cost of technicians
       | makes it unprofitable to bother
        
         | hammock wrote:
         | I read the article and DQ wasn't mentioned. What are you
         | getting at?
        
           | penjelly wrote:
           | parents point is that operating the machines regularly is of
           | no interest to mcdonalds (likely bad margins) and its only
           | interested in ensuring other niche fast food restos dont
           | start to take up market share instead.
           | 
           | ie: if i want icecream i can get it at macdonalds, instead if
           | DQ, unless the machines are broken. if DQ gains significant
           | market share they "fix" the machines and DQ loses its market
           | share.
           | 
           | not saying this is fact. just fleshing out parents
        
             | hammock wrote:
             | Where is the evidence of such a strategy though, besides
             | the fact that machines are always broken? Even the
             | franchisees would rather have a working machine.
        
               | bena wrote:
               | There is none, but "broken McDonald's ice cream machine"
               | is a whole category of meme.
               | 
               | So people start wondering my McDonald's is so plagued by
               | machines that seem to only work on the third Thursday
               | following the fifth month after the Lunar eclipse.
               | 
               | But it's likely a combination of disinterested staff and
               | machines that require more involved maintenance.
               | 
               | Not to mention, there's several points of failure. Not
               | only can various parts of the machine break; the drum
               | that spins the mix, the compressor to keep the mix cold,
               | leaks in various hoses and lines, but you can simply run
               | out of mix.
        
         | cinntaile wrote:
         | DQ is Dairy Queen. For anyone else that is confused.
        
           | [deleted]
        
           | adolph wrote:
           | I'm thinking how awesome the snicker blizzard is.
           | 
           | I'm also thinking about how McDonald's anticompetitive
           | behavior may have an unintended anti-obesity effect.
           | 
           | Again, I'm thinking how awesome the snicker blizzard is.
        
         | skeeter2020 wrote:
         | THis "theory" doesn't make any sense. It's the Franchisee who
         | doesn't get the sales AND pays the huge cost for an official
         | repair rep to come out and basically restart the cleaning
         | cycle. This doesn't jive with crushing an upstart DQ; they're
         | only really competitors in that they both sell "fast food". Ice
         | cream @ a McD is a loss-leader (soft serve) or minor line item
         | (McFlurrys) while it is the core product of DQ, despite their
         | hot food offerrings.
        
           | notreallyserio wrote:
           | > Ice cream @ a McD is a loss-leader (soft serve) or minor
           | line item (McFlurrys) while it is the core product of DQ,
           | despite their hot food offerrings.
           | 
           | IMO this is actually the point being made. There's no need to
           | run a loss leader if the competition doesn't exist.
        
             | gruez wrote:
             | 1. if it's a loss leader that they don't want to continue,
             | why not just... stop offering it? After all, you see
             | "participating restaurant" disclaimers everywhere. Why
             | can't a particular franchise just choose not to participate
             | if it's not in DQ territory?
             | 
             | 2. Regardless of whether it's a loss leader, I doubt the
             | marginal cost of the ice cream is more than the $1 or
             | whatever the discounted price is. They paid for the
             | expensive ice cream machine and the counter space. They
             | might as well use it.
        
               | notreallyserio wrote:
               | As the theory goes, they want to stop DQ from moving in
               | more than they want to recover the counter space used by
               | the offline ice cream machine.
        
         | jaywalk wrote:
         | And now that car dealer ads have to specify the exact car
         | they're referring to (by VIN or stock number), that one car
         | will often be the only one the amazing deal applies to and once
         | it's gone, so is the deal.
         | 
         | At least somebody can actually get that deal now, so it's
         | better I guess.
        
           | mandelbrotwurst wrote:
           | It's additionally better because you now have the option to
           | call and ask "Is the car from the ad still available and will
           | you hold it for me until I arrive?"
        
           | dragonwriter wrote:
           | > And now that car dealer ads have to specify the exact car
           | they're referring to (by VIN or stock number), that one car
           | will often be the only one the amazing deal applies to and
           | once it's gone, so is the deal.
           | 
           | Sure, if its just one they have to identify it and say
           | something like "1 at this price" but that also tells you up
           | front what the deal is.
        
         | raldi wrote:
         | I don't understand your opening sentence. Why would they keep
         | it unplugged?
        
           | kmeisthax wrote:
           | Parent post appears to be alleging that McDonalds - or their
           | franchisees - only serve ice cream purely to starve
           | competitors out of the fast food market, and then disconnects
           | or damages those machines in order to get out of having to
           | actually sell that ice cream.
           | 
           | Personally, I don't think that holds water. Everyone involved
           | in this drama _wants_ ice cream in the stores. It 's not like
           | McDonalds corporate has some Jobsian disgust towards putting
           | ice cream and a burger in the same meal or anything. The far
           | easier explanation is that McDonalds paid Taylor for a custom
           | machine that's extremely temperamental, not that they
           | secretly want to ban their own product because it's ice
           | cream.
        
             | SkyBelow wrote:
             | >Personally, I don't think that holds water.
             | 
             | While not quite as deliberate an action as (great?)
             | grandparent was suggesting, I could see the possibility
             | existing where fixing the machines is too much hassle until
             | a competitor opens and they begin having a noticeable
             | impact on customer retention, increasing the expected ROI
             | on fixing the machine enough for management/owner to take
             | action.
        
             | vorpalhex wrote:
             | The machines frequently require technicians to come out and
             | work on them, to the tune of several hundred dollars per
             | hour, which the franchisee must pay. They are not permitted
             | to get a less tempermental machine or use independent
             | technicians.
             | 
             | It's a cost problem.
        
               | ansible wrote:
               | You would think that the McDonalds franchise owners would
               | push back on McDonalds corporate about this issue. They
               | would rightly be complaining that they are losing revenue
               | because the Taylor ice cream machine has low reliability.
               | 
               | Even one service call per month is a significant cost to
               | a low-margin business like a quick-serve restaurant.
               | 
               | It is quite possible there is some hinky corporate
               | politics and such within McDonalds corporate that is
               | preventing improvement here.
        
               | paulmd wrote:
               | McDonald's exerts extremely extremely tight control over
               | its franchisees by corporate standards. Every single
               | thing about a McDonald's is meticulously specified and
               | regulated by corporate, from the equipment installations
               | to the number of pickle slices that go on a burger and
               | the soap that goes into the bathroom.
               | 
               | Franchisees in general don't wear the pants in this
               | relationship. If McD corporate says you use this machine,
               | tough shit, you use that machine. I'm sure the feelings
               | of franchisees are broadly speaking "taken into
               | consideration" but it's not like there's a union here,
               | the dynamic here is that franchisees will shut their
               | mouths and go make some money for daddy.
               | 
               | It's a weird arms-length model that has run into some
               | trouble before, particularly surrounding labor law, as
               | McD corporate has some very detailed expectations on how
               | franchisees will hire, fire, pay, and operate their
               | employees.
               | 
               | Anyway basically if McDonald's says "you will take those
               | things out of our machine" yeah, franchisees are
               | absolutely going to hop to it. tbh if McDonald's were
               | smart they'd just have done it without the "ackshually
               | this thing will steal your girlfriend, poison your
               | customers, and kill your dog" defamation, because if
               | they'd simply said "we're terminating our business
               | relationship with Kytch, have it removed in the next 2
               | weeks" franchisees absolutely would have done it anyway.
               | Now they are fighting a lawsuit about it because they
               | just had to get a dig in.
        
               | kmeisthax wrote:
               | I have to wonder if Taylor agreed to custom-build
               | McDonalds an ice cream machine specifically because they
               | figured they had implied license to hose franchisees on
               | service costs. Or, in other words, if McDonalds had said
               | "make the machine reliable enough to serve ice cream 100%
               | of the time with no service calls", then Taylor would
               | have charged 10x or something. The fact that McDonalds is
               | libeling Kytch sounds like Taylor is speaking through
               | McDonalds' mouth.
               | 
               | Even if McDonalds _had_ been more reserved, however;
               | Kytch still has some industrial-espionage claims that
               | might go somewhere.
               | 
               | Also, for those wondering exactly how controlled
               | McDonalds' franchise relations are: McDonalds franchisees
               | are required to rent their locations from McDonalds,
               | because McDonalds front-runs their business partners and
               | buys the most valuable land[0] from under them. Literally
               | nothing about the business of being a McDonalds
               | franchisee works the way capitalism or business ownership
               | is "supposed" to work[1]. It's more like paying to work
               | at a somewhat-lucrative job than actually owning a
               | business. McDonalds is a richest-of-the-rich company that
               | sells business opportunities to the poorest-of-the-rich
               | crowd[2], who are looking for a way to park lots of
               | wealth[3] in a safe asset.
               | 
               | [0] Typically, land immediately next to US Interstate
               | off-ramps or equivalently high-traffic highways
               | 
               | [1] Unless you're a left-winger, in which case the
               | McDonalds "strip our business partners of capital
               | interest in the store" policy is how capitalism is
               | "supposed" to work, and treating your business partners
               | as equals is a historical aberration.
               | 
               | For the record I do find the left-wing critique of
               | capitalism to be at least somewhat grounded in current
               | business reality.
               | 
               | [2] Menial labors of the capitalist class. If you define
               | "poor, middle-class, and rich" based on how people make
               | their money (poor: unskilled labor, middle-class: skilled
               | labor, rich: capitalism), then you can recursively
               | subdivide that grouping further, with richest-of-the-rich
               | being people whose wealth comes from owning other
               | businesses through some means (usually trademark or
               | copyright).
               | 
               | [3] McDonalds wants their franchisees to hold at least
               | $750,000 of liquid capital and be able to invest between
               | $1,000,000 and $2,200,000 into their stores.
        
               | ansible wrote:
               | From what I understand, Subway is also very strict with
               | the franchisees. At least as far as food suppliers go.
               | 
               | It is all in the name of "quality" or more truthfully
               | "consistency".
               | 
               | Even so, unless you're a relatively small regional chain,
               | you'd think that having at least two different equipment
               | suppliers would help corporate drive down costs for the
               | franchisees, and thereby make more profit for themselves.
               | 
               | That's what is so strange about this entire situation.
               | McD corporate _historically_ has been laser-focused on
               | profit, which they get through scale (volume) and
               | efficiency. I don 't see how there aren't some people in
               | corporate getting fired for this. If the ice cream
               | machines work, they franchisees sell more product. This
               | generates more revenue (and profit) selling the
               | restaurants more ice cream mixture, as well as increasing
               | profits for the restaurants themselves. Which also
               | generates more profits for corporate too. Because _of
               | course_ corporate double-dips.
               | 
               | Money being left on the table... that doesn't sound like
               | McDonalds.
        
               | datavirtue wrote:
               | Every restaurant franchise has strict guidelines for
               | every detail. If they don't everything will go to shit.
               | They'll end up like Denny's.
        
               | gruez wrote:
               | >but it's not like there's a union here
               | 
               | https://nationalownersassociation.com/join/
        
               | paulmd wrote:
               | Haha, fair, guess I should have checked.
               | 
               | But anyway, corporate wears the pants is the dynamic.
               | It's a very very tightly managed and top-down
               | "franchise".
        
               | ansible wrote:
               | Oh I know that McD is at the top when it comes to
               | controlling franchisees.
               | 
               | But if 13% of restaurants have the ice cream machine non-
               | functional at any given time, that means half or more of
               | them are having the problem at some time in the last
               | month.
               | 
               | If you're going to ignore a problem at that scale...
               | well, that's just terrible.
        
             | [deleted]
        
           | maerF0x0 wrote:
           | The "whoops it's unplugged" was a joke about the root cause,
           | but also intended to imply equivalently poor attempts to keep
           | the machine working. That is I do not think they literally
           | did not plug it in, but I do think they are not trying very
           | hard to keep the machine up and running.
        
           | [deleted]
        
           | bena wrote:
           | The gist I'm getting is that McDonald's doesn't want to be in
           | the ice cream/soft serve business. But it also doesn't want
           | more competition than it already has.
           | 
           | So every McDonald's has an ice cream machine as a more sort
           | of "break glass in case of emergency" situation. Or in this
           | case "in case of DQ". But if there is no DQ in the area, why
           | operate the machine? Just have it be "broken". It's not like
           | people have an option they didn't have before.
        
             | [deleted]
        
             | jacobr1 wrote:
             | I think it is less a matter of intent and more a matter of
             | incentives. McDonald's is probably perfectly happy to be
             | selling more ice-cream and make money that way. But they
             | just don't care about maintenance (franchise reasonability)
             | and it isn't impacting the bottom line significantly, so
             | nobody really wants to fix the contracts and/or vendor
             | performance issues. If there was a better competitor out
             | there, McDonalds might use them, but they just don't care
             | enough (meaning aren't incentivized enough) at the
             | corporate level.
        
             | cactus2093 wrote:
             | > But if there is no DQ in the area, why operate the
             | machine?
             | 
             | Why operate the grill or fryer? To sell food and make
             | money. Instead of selling someone a meal for $7 McDonalds
             | can sell them a meal + a mcflurry for $10. Why wouldn't
             | they want to do this?
             | 
             | It doesn't make any sense that a bunch of franchise owners
             | are all in together on some kind of ice cream conspiracy.
             | Surely the truth is less interesting, it's most likely just
             | a boring cost/benefit analysis. There seems to be some flaw
             | with the machines they use that make them particularly
             | prone to breaking down and difficult to maintain. So some
             | stores that don't sell a lot of ice cream anyway decide
             | it's not worth the cost of keeping them running, while
             | other stores that sell more do keep them running.
             | 
             | And surely it's no coincidence that the markets where
             | people buy more ice cream are also where Dairy Queen stores
             | are more likely to open up.
        
               | maerF0x0 wrote:
               | > a meal for $7 McDonalds can sell them a meal + a
               | mcflurry for $10. Why wouldn't they want to do this?
               | 
               | you're assuming the consumer has a marginal $3 to spend
               | and wouldnt instead spend $7 on a (burger + mcflurry) vs
               | (Burger, fries, soft drink). I would guess that the
               | latter has a much higher margin. So for the same $7 spend
               | you can make more profit if your icecream machine is
               | down.
               | 
               | But, if DQ can do the deal for $7 then foot traffic may
               | move to DQ, meaning McD's loses _both_ profitable
               | options. So, the game is to dissuade the market from the
               | preferred package (burger + icecream) towards the more
               | profitable package (burger , fries, softdrink) .
               | 
               | I'd also add that they probably know that the marginal
               | cost of driving to 2 locations means they're just gonna
               | get what they can at 1 stop. That is few people would buy
               | the burger at mcdonald's and then drive to DQ for the
               | mcBlizzard.
               | 
               | Kinda feels like playing roller coaster tycoon all over
               | again.
        
               | ipaddr wrote:
               | The core point is it's not profitable or as profitable as
               | other items. So ice cream is offered as a loss leader in
               | areas with a DQ and turned off in areas without on but
               | advertised nationally.
        
               | [deleted]
        
               | wcfields wrote:
               | For the up-thread commenters, It's like people here can't
               | fathom that a Fortune 107 corporation wouldn't implement
               | policies that follow an ECON 101 supply/demand curve.
        
               | bena wrote:
               | I'm not saying it is or isn't the real cause, I'm saying
               | that's what I feel the OP was trying to convey. That's
               | what I read in his comment.
               | 
               | And I agree with you, it's likely got a way more
               | pedestrian and human answer. The machines require some
               | amount of maintenance or repair that is simply annoying.
               | And eventually, people prefer to not be annoyed. So maybe
               | one day, you just let the ice cream machine be broken
               | instead of doing the annoying thing. Even _if_ the store
               | sells ice cream like gangbusters. The guy slinging cones
               | for minimum wage isn 't seeing a single cent difference
               | if he sells 1 or 1000.
        
       | tfvlrue wrote:
       | I've been following this story for a while. When people say the
       | soft serve machine is "broken", they really mean "unavailable to
       | serve ice cream to customers". That could mean something as
       | innocuous as performing a pasteurization cycle during the day
       | (because it failed to run at night for some reason, perhaps the
       | machine's clock is set wrong). It could also mean there is a
       | physical problem with some part of the machine. The word "broken"
       | implies the latter, but I'm pretty sure the former situation is
       | far more common.
       | 
       | In other words, the machine has determined it's unsafe to serve
       | the contents (because soft serve needs to be pasteurized at
       | certain intervals), not that it's physically incapable of doing
       | so. Therefore it's "broken".
       | 
       | (Disclaimer: I've never used one of these soft serve machines,
       | just read through manuals and stories about them.)
        
         | wronglebowski wrote:
         | I've commented on this previously as I worked as a jack of all
         | trades for a McDonald's franchisee for years.
         | 
         | The machines tanks and shaving cores must be disassembled and
         | cleaned every two weeks. They have a very intelligent series of
         | sensors and internal mechanisms that make it impossible to
         | defeat or cheat.
         | 
         | This is not a low skilled job. I'd say it would be easier to
         | change your cars oil than complete this. There's multiple
         | gaskets and seals which need to be rotated quarterly in a tune
         | up kit. While we were hiring at minimum wage the shake machine
         | trained people were making 15$. I can only imagine what they're
         | making now.
         | 
         | I don't find the "cryptic messages" issue to be valid. New
         | machines had new systems and codes, it wasn't malicious.
         | Everyone had access to the manual and the Taylor provider in my
         | region did some phone troubleshooting free of charge to prevent
         | service calls. They even did free annual trainings.
         | 
         | Mechanically older machines can have issues, and some
         | franchisees can be stubborn about replacing them. However I
         | believe the vast majority of the time the issue is the machine
         | not being cleaned.
        
           | AdmiralAsshat wrote:
           | > This is not a low skilled job. I'd say it would be easier
           | to change your cars oil than complete this. There's multiple
           | gaskets and seals which need to be rotated quarterly in a
           | tune up kit. While we were hiring at minimum wage the shake
           | machine trained people were making 15$. I can only imagine
           | what they're making now.
           | 
           | Genuine question: Mom-and-pop shops used to somehow keep
           | their frozen yogurt machines running with part-time teenager
           | labor. What does this particular machine do that makes it so
           | complicated?
           | 
           | Is it complicated merely for the sake of "job security" on
           | behalf of the ice cream machine vendor?
        
             | SkyBelow wrote:
             | Is part-time teenager labor the same as low skilled labor?
             | In general but also more specifically to the time period
             | you were referencing?
             | 
             | While teenagers generally have low experience, some of them
             | are have the ability to perform at a level above low skill
             | and are able to follow complex instructions. Look at any of
             | them in more advanced classes who are performing academics
             | at a level beyond what would qualify as low skill. These
             | could've been the teenager running the machines at those
             | mom and pop shops of yesteryear.
             | 
             | It does lead me to question where are they working now and
             | why not at McDonald's. Given a moment of thought I've
             | already generated a number of hypothesis that might explain
             | it, but I'm too lacking in relevant data to narrow them
             | down.
        
             | [deleted]
        
             | wronglebowski wrote:
             | I'm vaguely familiar with the pay by weight frozen yogurt
             | shops. I can't speak from first hand experience but I would
             | say that if you had 6+ machines and that was all your
             | business did it would be a non issue. A few locations,
             | rotate your cleaning days, could be handled by one
             | individual that services them all.
        
           | TedDoesntTalk wrote:
           | Why are these machines so complicated? I thought you just
           | need a few ingredients to make ice cream?
        
             | tapland wrote:
             | It's a pretty clunky machine and anything in the machinery
             | making or dispensing the ice cream needs to be cleaned
             | thoroughly for food safety reasons.
             | 
             | A lot of people would find the disassembly and correct
             | reassembly difficult. And there are huge incentives to just
             | not do it.
        
             | wronglebowski wrote:
             | It's optimized for high capacity, high throughput, low
             | planning, production.
             | 
             | Do you sell 1 milkshake or 100 a day? Doesn't matter, the
             | tank holds the mix and freezes it on the fly. Taylor
             | machines can output hundreds of units an hour. Or none.
             | 
             | It's always "fresh", there's waste when you clean the
             | machine but other than that the ice cream you get has only
             | been frozen seconds before being served.
             | 
             | It's highly profitable, when the machine is operating
             | correctly the base food cost is much lower than the other
             | food categories(sandwiches and chicken) but not as good as
             | soda and cookies.
        
         | rascul wrote:
         | Broken could also mean that nobody has bothered to refill the
         | machine. In my experience working at McDonald's many years ago,
         | it was actually incredibly rare for the ice cream machine to be
         | down for any reason besides nobody has filled it. When cars are
         | wrapped around the building, line is out the door, and you're
         | short two people, nobody is going to take the five minutes to
         | fill the ice cream machine.
        
         | amelius wrote:
         | So "broken" -> "mismanaged".
        
         | runnerup wrote:
         | Also it can mean that the first half of the lunch rush used up
         | all the frozen ice cream and it can't freeze new ice cream
         | instantly. So the later part of a rush period will often have
         | unacceptable soft ice cream.
         | 
         | When I ran frozen daiquiri machines it took a lot of finesse to
         | make it through a busy night. Have to constantly manage the
         | temperatures and levels to a nearly absurd precision while
         | doing the rest of your job as well. But the only parameters you
         | can manipulate are material input and material output, there's
         | no "freeze it faster" button or "store it colder" dial.
        
           | BenjiWiebe wrote:
           | Are you sure that's ever an issue with McDonald's? I've been
           | under the impression that McDonald's Taylor ice cream
           | machines are freeze-on-demand.
        
             | runnerup wrote:
             | If that were the case I would never get soggy/wet/melted
             | McFlurries, but I do sometimes.
        
         | mod wrote:
         | Honestly, in my area they usually say the machine is "down."
         | 
         | It's always down.
        
           | StillBored wrote:
           | The one near my house removed it from their menu due to menu
           | simplification during the pandemic, and despite bringing the
           | menu back, not to long after, the ice cream products never
           | returned. Its just missing from the menu, and they tell you
           | they don't sell ice cream.
        
         | chongli wrote:
         | It also needs to be said that similar machines provided by
         | Taylor to McDonalds' competitors do not have anywhere close to
         | the amount of downtime that McDonalds' machines have. There's
         | also ample evidence that software updates to Taylor's McDonalds
         | machines have made the error codes more cryptic and the
         | machines more unreliable over time.
         | 
         | I think there's a pretty strong legal case to be made that
         | these machines are deliberately designed to break down in order
         | to drive repair service revenue for both Taylor and McDonalds
         | at the expense of franchisees. Unfortunately, franchisees seem
         | to be locked up under binding arbitration clauses in their
         | franchise agreements. Luckily for consumers, 3rd party vendors
         | aren't subject to these contracts.
        
           | gruez wrote:
           | >There's also ample evidence that software updates to
           | Taylor's McDonalds machines have made the error codes more
           | cryptic and the machines more unreliable over time.
           | 
           | Source?
           | 
           | >It also needs to be said that similar machines provided by
           | Taylor to McDonalds' competitors do not have anywhere close
           | to the amount of downtime that McDonalds' machines have
           | 
           | >I think there's a pretty strong legal case to be made that
           | these machines are deliberately designed to break down in
           | order to drive repair service revenue for both Taylor and
           | McDonalds at the expense of franchisees.
           | 
           | AFAIK mcdonalds machine are also self-cleaning, which makes
           | them more complicated and prone to failure. There's also
           | advantages though (ie. you don't have to rely on a minimum
           | wage worker to adequately clean the machine to prevent food
           | poisoning), so absent some sort of evidence showing intent,
           | it's at least plausible that there isn't some sort of
           | conspiracy to drive up repair costs.
        
             | nomel wrote:
             | Here's a little investigation about it:
             | https://www.youtube.com/watch?v=SrDEtSlqJC4
        
             | 14 wrote:
             | I don't know the source but definitely did read an article
             | here on HN last year reporting this. Call me a conspiracy
             | theorist but I would bet McDonald's is paying a pr firm to
             | get reports like that taken away off the net.
        
               | registeredcorn wrote:
               | If you do find the article, please let us know.
        
           | joezydeco wrote:
           | _" It also needs to be said that similar machines provided by
           | Taylor to McDonalds' competitors do not have anywhere close
           | to the amount of downtime that McDonalds' machines have"_
           | 
           | But they're not similar machines. The machines in question
           | are models developed for McDonald's that use internal heat
           | treatment to pasteurize the machine and clean it on a more
           | frequent basis. The intent was to keep the machine running
           | _longer_ than previous models, the opposite of your
           | assertion.
           | 
           | The other models need to be disassembled and cleaned by hand
           | to maintain food safety.
           | 
           | That doesn't dismiss the complexity of the product and the
           | likelihood that breakdowns happen, because obviously they do.
           | 
           | Source: I've done engineering work on the C602. I know how it
           | works.
        
             | noasaservice wrote:
             | > Source: I've done engineering work on the C602. I know
             | how it works.
             | 
             | After watching the videos on how these machines work, and
             | all the hidden menus within hidden menus with self-
             | sabotaging software/hardware....
             | 
             | Admitting you have dev'ed on this is plainly disgusting. As
             | a fellow engineer, we need to put our foot down and not
             | work for places that institute such unethical and/or
             | illegal behaviors. The faster companies are starved out for
             | *trying* to institute unethical computing, the better.
        
             | infogulch wrote:
             | The fact that the design intent is to reduce downtime does
             | not mean it is achieved in practice. McDonald's ice cream
             | machines constantly being "broken" is so well known that
             | it's a _meme_ among normal people. This is not the case for
             | other fast food places that use Taylor machines. I 've seen
             | statements from employees confused about why it's such a
             | big deal to clean the machine once a day because it's not
             | that hard. (Personally, I find it kinda gross that the
             | machine is intentionally not cleaned for weeks.)
        
               | jjkaczor wrote:
               | It's not just a meme, but trackable enough that someone
               | built a website:
               | 
               | https://mcbroken.com/
        
               | vkou wrote:
               | In practice, there's a huge difference between someone at
               | corporate buying machines that don't work as well as
               | expected, and a shadowy deal where someone at corporate
               | is getting kickbacks from the vendor for buying a
               | deliberately sabotaged machine.
               | 
               | The former is just the normal sort of shit that a
               | franchise has to deal with, the latter is what a lot of
               | people, myself included thought this issue was... But
               | I've turned my thinking around on this.
        
               | gknoy wrote:
               | Does this mean that the ice cream machines at other
               | places are just happily dispensing unsafe food?
        
               | joezydeco wrote:
               | I worked for McDonald's in my teenaged years and saw the
               | inspection report on one of the old-style machines. It
               | was pretty horrible. The self-cleaning machine was
               | created for a _reason_.
               | 
               | Unlike the fryers and grills the soft-serve machine is
               | filled with dairy product, loaded by hand via human
               | interaction, and just hovering underneath the safe zone
               | temperature-wise.
        
               | sandworm101 wrote:
               | No. It means that they just open up and clean the machine
               | each day, just like every other appliance that touches
               | food. The MD machine was designed to run without daily
               | cleaning.
        
               | registeredcorn wrote:
               | I'm sorry, I'm not quite following:
               | 
               | Employees _do_ clean these machines every day, but
               | because of how it 's designed they don't _need_ to do so?
               | 
               | Is this something kind of like: I can change my motor oil
               | every 500 miles my car is driven, but according to the
               | manufacturer I don't need to do so that often?
        
               | rrrrrrrrrrrryan wrote:
               | No, the McDonald's machines heat up any leftover
               | milkshake mixture every night to kill all the bacteria in
               | it, then cool it all back down before the morning.
               | 
               | If it hasn't been run in the last 24 hours, the machine
               | will refuse to dispense ice cream unless you run the
               | process (which takes a few hours).
               | 
               | Non-McDonald's machines work how your imagining: you have
               | to toss the leftover ice cream once it goes bad,
               | disassemble the machine and clean it by hand, then load
               | new ice cream into it.
        
               | sandworm101 wrote:
               | By "cleaning" I mean opening it up, unscrewing things,
               | and cleaning the internal mechanisms of the machine to
               | remove any leftover ice cream before it goes bad.
        
               | joezydeco wrote:
               | Old machines: The oil is good for 500 miles. It needs to
               | be flushed and replaced every 500 miles.
               | 
               | New machines: There's an active oil filter in the car
               | that needs to be turned on every 500 miles. The oil and
               | filter need to be replaced every 5000.
               | 
               | The filtering can be done overnight in your garage while
               | you sleep, but if you don't do it before 500 miles the
               | car will shut down until you do.
        
           | Nition wrote:
           | This is maybe backed up by the fact that in other countries,
           | McDonalds serves the same ice-cream from machines that seem
           | to always be working. The "McDonalds ice-cream machine is
           | always broken" meme seems to be a uniquely US phenomenon - or
           | at least it's not completely worldwide.
        
             | throwaway73838 wrote:
             | Definitely true in Australia. You very often can't get ice
             | cream after a certain time of night.
        
               | kevin_thibedeau wrote:
               | They run the machine dry so that it can be cleaned out
               | daily without wasting product.
        
         | selfhoster11 wrote:
         | Machine clock being wrong? IDK about the US, but in the UK we
         | have at least 2 different radio-clock signals to choose from
         | for machine synchronisation (one is domestic, one is based in
         | Germany so you can still get it if reception is good). Neither
         | requires internet access or any setup, and is cheap enough to
         | integrate into sub-$30 electronics.
        
         | s_dev wrote:
         | How come these issues aren't existent in McDonald's in Europe?
        
           | grouchomarx wrote:
           | there's a more reliable Italian machine that is also
           | available to franchisees. most (all) american locations use
           | the Taylor. I assume the opposite is true in europe
        
         | kube-system wrote:
         | "Broken" is simply the colloquial term used to avoid arguments
         | with customers. Clarity is a much higher customer-service
         | priority than precision.
        
         | ojosilva wrote:
         | > the machine has determined it's unsafe to serve the contents
         | 
         | Wouldn't that mean, though, that the Kytch device could be
         | working around the issue in detriment of the patron's, or "end
         | user", safety?
         | 
         | The franchisees certainly were very happy with Kytch's
         | reduction in their maintenance and downtime cost, caused by
         | very temperamental, ill-designed machines. Franchisee's are
         | clearly victims of a tightly controlled McD ecosystem (sounds
         | so Apple...). But if the machine is operating in a way that
         | could harm users, even if harmful workarounds is just 1 or 2
         | out of 30 other harmless issues Kytch monitors, fixes or
         | clarifies, still, it would absolutely justify the take down!
         | 
         | Imagine a batch of people who suddenly get a bacteria from
         | unpasteurized ice cream from a Kytch-hacked McD machine. How
         | could McD justify knowing their franchisee's were installing a
         | device that could put their patrons in risk of eating a spoiled
         | dairy products? It's a backdoor for a health crisis, a PR
         | nightmare and endless lawsuits. Even if it doesn't know for
         | sure the device can be blamed, the liability is there.
        
           | tfvlrue wrote:
           | I don't have any first-hand knowledge of what the Kytch
           | device did. But nothing I've read about it ever gave me the
           | impression that it was overriding lockouts. It was intended
           | as a remote monitoring device and troubleshooting tool. For
           | example, instead of an employee having to read a pattern of
           | blinking lights on the machine itself, a franchise owner
           | might receive an email that says "soft serve machine cleaning
           | required" and send somebody to take care of it.
        
             | ojosilva wrote:
             | Regardless, like I said, the Kytch box (a Raspberry Pi) is
             | overriding the code that accesses the secret menu of the
             | ice-cream machines [1]. That's outside the intended
             | operation. And that's liability if McD knows about it and
             | says nothing.
             | 
             | The machine produces food that goes into people's bodies.
             | Ie, if it were to produce a poisonous glycol ice-cream
             | (glycol one of the pasteurization ingredients) all of a
             | sudden, even if it has nothing to do with what Kytch is
             | intended to do, could you really 100% discard in front of a
             | judge that a glitch or a hack in the Kytch's linux
             | computer, which is btw connected to the internet, didn't
             | order the ice-cream machine to do that which, as a
             | consequence, killed a hypothetical 5-year old kid from food
             | poisoning?
             | 
             | Imagine McD is now Boeing and the Kytch box is something
             | airlines found that make 737-MAX fly safer by plugging into
             | and overriding the system codes so that it can warn pilots
             | of possible 737-MAX issues... Does it make sense for Boeing
             | to allow such thing even if it makes planes safer?
             | 
             | [1] https://www.wired.com/story/they-hacked-mcdonalds-ice-
             | cream-...
        
               | stickfigure wrote:
               | Wow, you are going to be horrified when you find out what
               | goes on inside a family-run restaurant or food cart. They
               | actually make food using _humans_.
        
               | sandworm101 wrote:
               | That is the difference between family business and
               | industrial food production. The cleaning products used in
               | small restaurants are basically harmless. A little bleach
               | residue in someone's food will taste horrible but
               | probably won't kill anyone. Glycol tastes like sugar. It
               | very much will do harm if it leaks into the food. But
               | using glycol allows a food producer to reduce labor costs
               | via automation, automation being a bright line between
               | mom-and-pop burger bars serving perhaps 10 customers per
               | hour and a busy MacDonald's location serving 500.
        
               | stickfigure wrote:
               | As a sibling comment mentioned, polypropylene glycol <>
               | ethylene glycol. Polypropylene glycol is an FDA approved
               | food additive and one of the main ingredients of vape
               | fluid.
               | 
               | https://en.wikipedia.org/wiki/Propylene_glycol
        
               | mbg721 wrote:
               | If they like you, they mostly keep humans out of the
               | ingredients, though.
        
               | aurizon wrote:
               | Chemist here. The use of propylene glycol in the
               | clean/sterilize cycle is OK, it is related to 3 carbon
               | glycerol and is not toxic and any breakdown
               | product(glycerol) is safe and edible. Ethylene glycol, a
               | 2 carbon polyol, is metabolized to poisonous oxalic acid
               | and 1000's of pets and other animals are killed every
               | year. Most states require Bitrex, a very foul tasting
               | additive to be added to various products people/animals
               | might eat. https://www.bitrex.com/ There is a pet safe
               | antifreeze based on Propylene Glycol, which I use, that
               | is a good antifreeze and not toxic. So save a pet/animal
               | https://safeantifreeze.com/
        
               | R0b0t1 wrote:
               | Wow, you're really going to hate how people mod their
               | cars. At some point we have to ignore hypotheticals
               | because they are too divorced from what is actually
               | happening.
               | 
               | Case in point, when someone mods their car it is not
               | somehow the manufacturer's responsibility for a crash. It
               | fails the pre-hearing test of "can we even have a lawsuit
               | about this" if someone even tries to bring it up.
        
               | tfvlrue wrote:
               | Again, I have no first-hand experience with this device
               | so I can only infer things from the articles and
               | documents we have available.
               | 
               | I fear I am being overly pedantic here, but to me,
               | "override" implies that the device is circumventing
               | sensor readings or physical interlocks or something
               | similar to manipulate the machine's mechanisms to doing
               | something they weren't intended to. However, I've see no
               | indication of that. The device is described as,
               | essentially, a second control panel. Anything the Kytch
               | device can do is something an operator could already do
               | by pushing buttons on the factory-installed control
               | panel. The difference is that it interprets the data to
               | be easier to understand, and provides remote monitoring.
               | 
               | It's really no different than plugging a ScanGauge into a
               | car's ODB-II port. The ScanGauge can tell you all sorts
               | of things about the state of the engine, but it isn't
               | going to stop the brakes from working.
               | 
               | I remember reading that Wired article when it first came
               | out. Near the beginning, it says:
               | 
               | > As O'Sullivan says, this menu isn't documented in any
               | owner's manual for the Taylor digital ice cream machines
               | 
               | This is demonstrably false. It's clearly documented on
               | page 22 of the service manual: https://static-
               | pt.com/modelManual/TAF-C602_spm.pdf
               | 
               | Frankly, the manuals Taylor has made for these machines
               | are quite thorough and well written. The claims from the
               | article about how this is "secret" and "undisclosed" seem
               | disingenuous when a simple Google search reveals evidence
               | to the contrary. I suppose one could argue that a
               | "service manual" is not an "owner's manual", but that
               | seems overly pedantic (even to me!).
        
               | everforward wrote:
               | > This is demonstrably false. It's clearly documented on
               | page 22 of the service manual: https://static-
               | pt.com/modelManual/TAF-C602_spm.pdf
               | 
               | I can't find it from Taylor, though. I think the point
               | they're making with the "secret" is that the manufacturer
               | won't give them to you. The 3rd party copies are likely
               | illegal; I would presume the service manual is
               | copyrighted.
               | 
               | > Anything the Kytch device can do is something an
               | operator could already do by pushing buttons on the
               | factory-installed control panel. The difference is that
               | it interprets the data to be easier to understand, and
               | provides remote monitoring.
               | 
               | It does allow access to things that users weren't meant
               | to be able to access, and some of them are dangerous.
               | E.g. you can change the temperature of the boil cycle
               | down to something too low to kill bacteria.
               | 
               | > It's really no different than plugging a ScanGauge into
               | a car's ODB-II port. The ScanGauge can tell you all sorts
               | of things about the state of the engine, but it isn't
               | going to stop the brakes from working.
               | 
               | The ScanGauge can't actually change any parameters,
               | afaik. This is closer to replacing the ECU. It gives you
               | more data on what you car is doing, but also gives you
               | the option to tune the engine. You can either make it
               | more efficient, or you can destroy the engine, depending
               | on how you tune the settings. Except in this case,
               | "destroy the engine" roughly translates to "give a bunch
               | of people listeria infections".
               | 
               | In my opinion, it's unreasonable for McDonald's to block
               | off access to the data, but it is reasonable for them to
               | not want franchisee's to be able to change parameters
               | like the boil temperature, or how frequently cleanings
               | need to be done (which is another parameter in that
               | secret menu). The whole situation is a mess, because I
               | can't see a way to allow access to the data without
               | access to the whole secret menu, other than replacing all
               | the hardware. I think I saw McDonald's trying to sell
               | their own device on that front; likely because then they
               | can ensure that the parameters aren't exposed.
               | 
               | The C602 was released in 2003 afaict. I don't think this
               | was a malicious decision so much as no one in 2003
               | predicting that it would be beneficial (or cost-
               | effective) to have a WiFi/Bluetooth remote data port.
               | That was 4 years before the iPhone, and interestingly,
               | also only 5 years after the first consumer bluetooth
               | device was unveiled. I don't find it shocking that a
               | behemoth like McDonald's isn't putting nascent technology
               | in an ice cream machine they plan to use for decades.
        
       | Kwastie wrote:
       | This great (mini) YouTube documentary gives some background what
       | lead up to the lawsuit.
       | (https://www.youtube.com/watch?v=SrDEtSlqJC4)
        
         | JohnWhigham wrote:
         | Despite how fucking shitty YouTube has gotten, it's content
         | like this that could never be available anywhere else on the
         | Internet today for free.
        
         | atlantas wrote:
         | Seconded. That is excellent piece of work; some of the best
         | journalism I've seen in years.
        
           | w-m wrote:
           | The video makes some good points, but overall it's very
           | repetitive. Just count how many times the shot of the manual
           | with "call a service technician" is used, always with similar
           | narration, or the one of the finances of the company who make
           | 25% of their revenue with parts and service.
           | 
           | This could have easily been a 5 minute video. Also, it does
           | not offer any explanation why McDonalds is the only customer
           | of the Taylor brand machines with this issue. Burger King is
           | also "an old company", why doesn't it apply to them?
        
             | ziml77 wrote:
             | McDonald's machines are custom manufactured for them by
             | Taylor. It's not surprising that other places don't have
             | the same issues.
        
         | daenz wrote:
         | That gives a huge amount of context, thanks! Here's where Kytch
         | is mentioned specifically https://youtu.be/SrDEtSlqJC4?t=1379
        
       | m0llusk wrote:
       | Macdonald's wants to own the machines and owning maintenance is
       | part of that. They do roughly the same thing with McCafe machines
       | that arguably compete with Starbucks and others. The most likely
       | explanation is that these ice cream machines have turned out to
       | have serious reliability problems that have so far not been
       | addressed.
        
       | cletus wrote:
       | I really don't understand how McDonald's board and leadership has
       | let this situation happen and continue.
       | 
       | These ice cream machines are the printer cartridges of
       | McDonald's. Pointless DRM and obfuscation designed to maximize
       | authorized call outs (with associated costs). Now you can argue
       | taht McDonalds gets a cut of that (which may or may not be true;
       | I just don't know) but all of this comes at the cost of customer
       | experience and brand perception, which are two things McDonald's
       | very much does care about. That's why I'm surprised they've let
       | this go on for so long.
       | 
       | I really have trouble believing the board is unaware of this
       | issue and have chosen not to resolve it.
        
         | throwawayboise wrote:
         | Yeah I don't get it either, for the same reasons. All I can
         | think of is... I worked for McDonalds back in the 1980s. They
         | had soft serve and milkshake machines then, but they were
         | simpler. They almost never broke down. I do not recall any
         | breakdowns in fact. The machines did not have an automatic
         | pasturization/sanitize cycle. They had to be taken apart,
         | cleaned and sanitized every night after closing, and then put
         | back together the next morning. That took an extra person on
         | the closing staff just to clean the machines, and another
         | person the next morning to set them back up. Roughly two hours
         | of labor a day, every day, to do those tasks. An experienced
         | person could do it faster, but that's a ballpark.
         | 
         | So McDonald's was betting on the labor savings offsetting the
         | costs of the newer, more complicated and less reliable
         | machines. Overall that may be working out on paper, but the
         | perception of soft-serve being "always broken" is something I
         | am surprised that McDonald's tolerates.
        
         | Topgamer7 wrote:
         | The pessimist in me says someone who sits on the board has a
         | stake in the ice cream machine company, and they make bank on
         | the crazy service fees for each tech they send out to "fix" the
         | machines.
        
       | tomrod wrote:
       | Odd that Dairy Queen never seems to have the same issues that
       | McDonalds has.
        
         | paulmd wrote:
         | from the sounds of the rest of the discussion - ice cream is a
         | core enough part of DQ's business that they just have a normal
         | machine that does it, where McDonald's uses a whiz-bang machine
         | that can freeze the ice cream on-demand. So the McDonald's
         | machine never has waste if they don't sell ice cream all night,
         | but it also is a maintenance nightmare.
        
         | throwawayboise wrote:
         | The machines at Dairy Queen are (mostly) not Taylor machines.
         | They also don't have the pasturization function, they must be
         | cleaned and sanitized manually.
        
       | dikaio wrote:
       | So in other words, friends of the McDonald Corporations majority
       | owners (Taylor) saw a chance to steal a companies IP and use it
       | for themselves to better their own products and McDonalds helped
       | them do it.
       | 
       | Sounds like business as usually.
        
       | pandama wrote:
       | This is a right to repair case and I hope McDonald's looses big
       | time.
        
         | [deleted]
        
       | daenz wrote:
       | Kytch built a device that gave the ice cream machines remote
       | debugging. They sold them to franchises. McDonalds got weird
       | about this and told franchises that they weren't safe, and that
       | they've got a new ice cream machines that already has that
       | feature. Then McDonalds reached out to other companies and said
       | not to use the startup's device. The startup wants $900M because
       | "that's what we would've been worth" if McDonalds hadn't scared
       | everybody off.
       | 
       | It sounds like Kytch wants to be a legal thorn in McDonald's side
       | until they are paid off. How can a startup afford this? Do they
       | work out some agreement with lawyers to only pay when they win?
        
         | gorkish wrote:
         | > How can a startup afford this? Do they work out some
         | agreement with lawyers to only pay when they win?
         | 
         | On a case like this it's probably even more sophisticated than
         | that; they probably ran a process where many law firms pitched
         | to represent them and competed on their contingency fees.
        
         | bombcar wrote:
         | Yep, lawyers can take cases on either for a small fee +
         | percentage of any settlement, or even just entirely on the
         | chance of a win.
         | 
         | The hope is to threaten McDonalds for a _billion_ dollars
         | (pinky) and get a settlement for a few million out of court and
         | wrap things up quietly.
         | 
         | Happens more often than you'd like.
        
           | malka wrote:
           | > Then McDonalds reached out to other companies and said not
           | to use the startup's device.
           | 
           | Seems justified to me though. Maybe not legally, but I would
           | too be motivated to annoy McDonalds in their situation.
        
       | LatteLazy wrote:
       | I always assumed the margins on ice cream were very very thin and
       | that was why the machines were so often broken: people come for
       | the promise of ice cream, they buy a burger and fries anyway, so
       | who cares if they actually get the ice cream...
       | 
       | What a messy story...
        
       | RcouF1uZ4gsC wrote:
       | I am actually on McDonalds' side in this.
       | 
       | Many of the startups have made a lot of their money by
       | arbitraging regulation and safety (see Uber , AirBnB, Tesla self
       | driving).
       | 
       | McDonalds is a company that literally serves billions of people.
       | If there is any food borne illness, it can literally kill people
       | and it will be front page news all over. As such, McDonalds keeps
       | a very tight lid on what franchisees are allowed to do.
       | 
       | Installing an unauthorized addition to a very safety critical
       | equipment (soft serve can easily harbor very nasty bacteria)
       | which potentially enables people to do unauthorized diagnosis and
       | work on machines they may or may not understand is a recipe for
       | disaster at McDonalds' scale.
       | 
       | Is this a cool device? Yes. Should you install a hack on
       | something that can make thousands of people very sick? Probably
       | not.
        
         | StillBored wrote:
         | I think the core of the problem was less food safety failures
         | and more "user error" reasons. Then instead of saying "there is
         | to much milk in the hopper remove some, and restart", or
         | providing an error code lookup they just flash "error call your
         | technician".
         | 
         | This device just told the user what was actually wrong with the
         | machine so they could choose to correct it, or call the
         | technician to actually repair it. I don't think there was any
         | indication that the franchises were tearing the machines apart
         | to replace broken parts.
         | 
         | Simply providing a please manually discard product, clean and
         | restart machine due to pasteurization failure code and
         | procedure would have probably avoided the whole fiasco.
         | 
         | Which from the sounds of it, is basically what the "improved"
         | machines do, they aren't improved in any way except to report
         | the failures to the user, and provide appropriate user level
         | remedies.
        
           | secabeen wrote:
           | Yeah, the other element is that successful operation is
           | dependent on a complex process that happens overnight, takes
           | multiple hours, and cannot be bypassed (for legitimate safety
           | reasons). The hacker device deciphers the error messages and
           | also provides notifications to the owner during these
           | processes. Thus, if the system runs into a common issue at
           | 11pm, early in the cleaning, the issue can be addressed
           | immediately, and the cleaning re-started. Without the hacker
           | device, the problem is often not discovered until much later,
           | by which time it's too late to complete the cleaning process
           | by lunch; or, even worse, the extended delay means that a
           | technician needs to be called to reset/clean the machine,
           | adding more delays.
        
       | karaterobot wrote:
       | Huh. I guess I'd be surprised if McDonald's franchise license
       | didn't allow them to just say "stop using Kytch, because we said
       | so". So, why do anything more than that, as is alleged? Is it
       | just that Kytch is mainly suing for discovery and/or settlement
       | rather than because they think they'll win?
        
       | daenz wrote:
       | >Kytch has argued that Taylor was incentivized to keep its
       | machines broken; repair and maintenance contracts across its
       | business lines accounted for a quarter of the company's revenue
       | stream in 2018, according to a document Taylor published at the
       | time. But Kytch cofounders Nelson and O'Sullivan admit that
       | doesn't explain why McDonald's would similarly seek to prevent a
       | fix for its embarrassing--and expensive--ice cream machine
       | failure rates.
       | 
       | This is strange. Another comment mentioned how the existence of
       | these broken ice-cream machines is anti-competitive towards
       | businesses like Dairy Queen. Does this explain why the machines
       | are always broken? Taylor gets repair contracts that are worth
       | less than the business McDonalds would lose to Dairy Queen?
        
         | effingwewt wrote:
         | What's even more strange is once they started getting bad
         | publicity and the lawsuit talks became public, mcflurry
         | machines magically all started working in my city. All of them.
         | Some had not worked since the store opened.
         | 
         | Another thing companies seem to be doing a lot is false
         | advertising. 7-11 is so bad with this. Sales posted everywhere
         | but when you try and buy them 'it's not in the system sorry it
         | will be regular price.'
         | 
         | Or even worse they list the (sale) price if you buy 2 or more,
         | but do not list the regular single price anywhere.
         | 
         | I'm so tired of companies running our country.
        
         | danaris wrote:
         | I thought--and this is just a vague offhand recollection--that
         | I had heard that Taylor provided some form of kickback to
         | McDonald's for the lucrative contract.
        
         | sircastor wrote:
         | I think the critical relationship here to understand is that
         | it's 3 parties: McDonald's corporation, A McDonald's
         | Franchisee, and Taylor. MCD Corp dictates franchisees must use
         | this machine, which is very unforgiving in it's offline modes
         | the machine may only be fixed by Taylor. McDonald's isn't
         | losing the business, the franchisee is, and they are supposedly
         | getting a kickback of some sort from Taylor. The party that
         | gets the short end of the stick is the Franchisee.
        
           | daenz wrote:
           | If a kickback exists, that makes sense. But wouldn't the
           | kickback have to be quite high to be worth the risk that
           | McDonalds is opening themselves up to? I haven't looked at
           | the Taylor financials, but the service contracts are
           | supposedly 25% of their business, so a kickback is some % of
           | that... but I'm having trouble seeing how it is worth the
           | risk to McDonalds.
           | 
           | Which is why I think it has more to do with competition, and
           | that there is no kickback. In that scenario, the incentive to
           | McDonalds is that they can have more franchises that are
           | successful, which means more money flowing back into the
           | corporation. I imagine this gain would be higher than any
           | kickback they could receive from Taylor.
           | 
           | EDIT>> I just realized that the competition scenario might
           | not make any sense. Taylor wants service contracts. McDonalds
           | wants the ability to make ice cream, and ideally have the
           | machines work. The only way McDonalds is incentivized to not
           | have the machines work is if there is either some leverage
           | that Taylor has over McDonalds or if there is a kickback.
        
             | sircastor wrote:
             | The thing that stands out to me is that apparently a lot of
             | these "malfunctions" or "breakdowns" are not that at all,
             | but safety features: "You overfilled the bin, so it can't
             | automatically pasturize. I'm shutting off". So the fault
             | ends up being on the Franchisee for using the machine wrong
             | - and therefore the cost is on them.
        
             | ansible wrote:
             | It depends on how the kickback is routed.
             | 
             | General franchisee revenue goes in a big bucket allocated
             | across the entire corporation. A specific kickback might be
             | going into one guy's pocket... If that one guy has
             | sufficient political clout within the corporation, it could
             | cause the present situation.
        
               | gruez wrote:
               | > A specific kickback might be going into one guy's
               | pocket
               | 
               | That's also super illegal, eg.
               | https://www.justice.gov/usao-ndca/pr/former-netflix-
               | executiv...
        
               | ansible wrote:
               | And yet being illegal doesn't stop people from constantly
               | trying it. They _do_ try to be more clever about hiding
               | it as time goes on.
        
       | dang wrote:
       | Related:
       | 
       |  _New emails released in the McDonald's ice cream machine
       | lawsuit_ - https://news.ycombinator.com/item?id=29325507 - Nov
       | 2021 (138 comments)
       | 
       |  _McDonald's unreliable ice cream machines reportedly under FTC
       | investigation_ - https://news.ycombinator.com/item?id=28407525 -
       | Sept 2021 (41 comments)
       | 
       |  _The Feds Want to Know What the McFuck Is Going on with the
       | McFlurry Machines_ -
       | https://news.ycombinator.com/item?id=28386567 - Sept 2021 (151
       | comments)
       | 
       |  _The McFlurry Machine Company Just Got Hit with a McRestraining
       | Order_ - https://news.ycombinator.com/item?id=28119447 - Aug 2021
       | (3 comments)
       | 
       |  _Why the McFlurry machine company just got hit with a
       | restraining order_ -
       | https://news.ycombinator.com/item?id=28117164 - Aug 2021 (67
       | comments)
       | 
       |  _Investigating why McDonald 's ice cream machines are often
       | broken [video]_ - https://news.ycombinator.com/item?id=26936774 -
       | April 2021 (234 comments)
       | 
       |  _The Reason McDonalds Ice Cream Machines Are Always Broken_ -
       | https://news.ycombinator.com/item?id=26932344 - April 2021 (3
       | comments)
       | 
       |  _ArsTechnica has retracted the story about McDonald 's Icecream_
       | - https://news.ycombinator.com/item?id=26918415 - April 2021 (8
       | comments)
       | 
       |  _They Hacked McDonald's Ice Cream Machines-and Started a Cold
       | War_ - https://news.ycombinator.com/item?id=26874436 - April 2021
       | (4 comments)
       | 
       |  _I reverse engineered McDonalds' internal API_ -
       | https://news.ycombinator.com/item?id=24861623 - Oct 2020 (420
       | comments)
        
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