[HN Gopher] iFixit Petitions Government for Right to Hack McDona...
       ___________________________________________________________________
        
       iFixit Petitions Government for Right to Hack McDonald's Ice Cream
       Machine
        
       Author : jmsflknr
       Score  : 196 points
       Date   : 2023-08-29 17:37 UTC (5 hours ago)
        
 (HTM) web link (www.404media.co)
 (TXT) w3m dump (www.404media.co)
        
       | JohnDeHope wrote:
       | I bet they have already hacked the machine. They just need legal
       | cover to release their smooth findings. Once the judge okays it,
       | the details will be published in 3 days. I hope.
        
         | hgsgm wrote:
         | As the article explains, the machines were hacked years ago.
        
       | hypercube33 wrote:
       | In case it's not discussed the ice cream machines are broken
       | software wise. there was a big Todo about a third party who
       | hacked it and sold a product that just made the firmware better
       | or human friendly. McD stole it.
       | 
       | these are so awful there is a website tracking when they are down
       | at mcbroken
        
         | yorwba wrote:
         | From the article:
         | 
         |  _A company called Kytch built a small, third-party device that
         | could be attached to the soft service ice cream machines that
         | read and interpreted Taylor's error codes. Kytch has been
         | engaged in a lawsuit in California state court with Taylor and
         | McDonald's for more than two years._
        
       | _fat_santa wrote:
       | A absolutely despise what companies like Taylor do. Rather than
       | innovating their product, they realized its cheaper if they have
       | their lawyers engineer a way to lock in their customers to their
       | product over their competitors'.
       | 
       | And you seem to see this more and more. It seems that these days
       | the product quality itself doesn't matter, it's all about the
       | contracts that your legal team setup in the background. I have to
       | ask the engineers that work at these companies: does it bother
       | you that the only reason people use your product is that they
       | would get sued if they tried using another product? How does it
       | make you feel that your product is so bad the only thing keeping
       | your customers in the door is the contracts your legal team drew
       | up.
        
         | RedShift1 wrote:
         | Taylor knows how to build proper ice cream machines. They only
         | sell the constantly breaking down model to McDonalds.
        
         | [deleted]
        
         | Alupis wrote:
         | What happens if the replacement parts aren't actually as good,
         | safe or reliable as the originals? McDonald's gets bad PR, or a
         | lawsuit depending on the severity.
         | 
         | Look, I'm all for better repair options and Right to Repair,
         | but McDonald's is selling consistency and their reputation is
         | on the line (not the franchisee) when something goes wrong or
         | people get sick.
         | 
         | For those reasons alone, it's not unreasonable to force
         | franchisees to use a specific brand of machines, contract a
         | specific company for repairs, and use specific OEM parts. CYA
         | big time in so many ways.
         | 
         | What people are forgetting here is McDonald's has an interest
         | in these machines working as well as possible (revenue +
         | reputation), and the franchisee also has an interest in these
         | machines working as well as possible (revenue). The franchisee
         | however, does not necessarily care about the McDonald's brand
         | and reputation, and given the option might choose degraded
         | parts/safety to save money - causing a problem for McDonalds.
         | 
         | So... McDonald's says you have to use these approved machines
         | and get service/parts from this approved vendor. Case closed...
         | 
         | The only people who seem to really care about this issue are
         | customers. That won't be enough to force a private company to
         | open the door to any yahoo repair company with Wish.com
         | replacement parts.
        
           | krisoft wrote:
           | > What people are forgetting here is McDonald's has an
           | interest in these machines working as well as possible
           | (revenue + reputation)
           | 
           | But clearly they are dropping the ball all the way to the
           | third basement. If a piece of equipment is so bad that it's
           | lack of reliability becomes a meme then you have issues.
           | 
           | What I really don't understand is that it seems that the
           | franchisees are paying for the equipment manufacturer per
           | service call. It would make much more sense to pay a fixed
           | fee per ice cream machine per unit of time subject to some
           | SLA. If you properly set up the incentive structure that
           | makes the equipment manufacturer incentivised to seek ways to
           | provide reliable, easy to maintain machines.
           | 
           | It is not like this is impossible. The same manufacturer
           | sells reliable machines to all the other chains! So they can
           | do it.
           | 
           | > The only people who seem to really care about this issue
           | are customers.
           | 
           | And the franchisees? Who are losing money every time they are
           | turning away costumers. (Not talking about the lost business
           | because they are not seen as a reliable purveyor of ice
           | cream, and people who crave ice cream go to some other
           | place.) And losing money every time they call service for a
           | piece of trash equipment.
        
           | PartiallyTyped wrote:
           | > What happens if the replacement parts aren't actually as
           | good, safe or reliable as the originals?
           | 
           | I don't see how that line of thinking is any different to the
           | argument manufacturers are making regarding right to repair.
           | The response is simple, all parts must be G.A. and
           | manufacturers can't force the company they are sourcing their
           | parts from to not sell to third parties.
           | 
           | McDonalds can very well sue the franchise for not following
           | the guidelines and ordering bad parts.
        
             | Alupis wrote:
             | Even if Taylor allowed anyone to repair their machines -
             | McDonald's is unlikely to allow franchisees that privilege
             | anyway, for all of the reasons listed above.
             | 
             | McDonald's is also large enough of a customer that we can
             | assume the specifics of this machine were tailored or
             | custom-made in part just for McDonald's. The automated
             | cleaning and self-diagnosis system is exactly what someone
             | like corporate McDonald's wants - take those liabilities
             | out of the hands of individual franchisees and fallible
             | employees. Make is as dead simple as it can be... machine
             | says no-go, then it's a no-go.
             | 
             | McDonald's will not allow a system where a franchisee or
             | random-employee decides the machine is "clean enough" and
             | proceeds to use it anyway, potentially getting people sick.
             | 
             | So what will be accomplished here in this specific
             | situation? Probably nothing...
        
               | MostlyStable wrote:
               | All of this sounds great until you realize that
               | McDonald's ice cream machine reliability is by far the
               | worst in the nation. There is no other chain that comes
               | close. The meme is a meme for a reason. Somehow, these
               | other chains manage to solve these issues without causing
               | massive reliability problems. I wish I could find the
               | videos now, but there was a decently convincing (although
               | with the usual "documentary grain of salt" caveats)
               | argument that McDonalds took a payout to allow Taylor to
               | predatorily extract value while providing shit service to
               | their Franchisees. McDonalds, the brand, is already
               | suffering reputational damage from their craptastic ice
               | cream but they apparently don't care.
               | 
               | This makes the arguments about repuatational risk from
               | shoddy repair parts fall flat.
        
               | Alupis wrote:
               | Perhaps, flipping it on it's head, the issue is so
               | visible because McDonald's ice cream is by far the most
               | popular fast food ice cream?
               | 
               | From Cones to McFlurries to Milkshakes, I'm pretty sure
               | they all use the same machine. McDonald's sells a
               | tremendous amount of ice cream products.
               | 
               | > I wish I could find the videos now, but there was a
               | decently convincing (although with the usual "documentary
               | grain of salt" caveats) argument that McDonalds took a
               | payout to allow Taylor to predatorily extract value while
               | providing shit service to their Franchisees.
               | 
               | I find that very hard to believe. You're right, it's a
               | meme for a reason after all, but sabotaging themselves
               | makes no sense even if Taylor paid McDonald's for that
               | racket. McDonald's has nothing to gain in that situation,
               | only loss of reputation and revenue.
               | 
               | > This makes the arguments about repuatational risk from
               | shoddy repair parts fall flat.
               | 
               | It doesn't though, and cannot just be hand-waved away.
               | Imagine what the memes would be like if the machines were
               | further degraded by bad parts or worse, got people sick
               | at random locations.
               | 
               | McDonald's has a right to force consistency. It's their
               | brand, and ultimately their wallet that bears the
               | consequences.
        
               | MostlyStable wrote:
               | They literally don't use the same machine. The McDonalds
               | franchise contract requires them to use a specific, made-
               | for-mcdonalds, model (mostly similar to the models sold
               | to other chains, but not identical). And I'm pretty sure
               | that people have done (informal) reliability studies by
               | things like calling random franchises, and Mcdonalds
               | isn't just more popular, it's actually less reliable.
        
               | Alupis wrote:
               | You misunderstood. The ice cream products from _McDonald
               | 's_ all come from the same machine. I was not asserting
               | they are the same machines at other fast food brands.
               | 
               | The fact that these machines are likely custom made, or
               | partially customized just for McDonald's is even more
               | reason why it's reasonable for McDonald's to force
               | franchisees to use specific vendors for repair/parts.
               | 
               | Even with right to repair, McDonald's can force
               | franchisees to use specific equipment and parts and
               | vendors. That is their right as the brand owner.
               | 
               | Which means... there is no reality where joe-random
               | repair company is going to be allowed to repair joe-
               | random franchisee's machines using parts sourced from who
               | knows where. It's just not going to ever happen, there's
               | too much liability.
               | 
               | McDonald's wants a machine that's so brain-dead simple to
               | use safely and keep sanitarily that even a new-hire with
               | 5 minutes of training can operate it effectively. They
               | get that by forcing standardization on one unit and one
               | vendor, and software safety mechanisms that provide a
               | firm no-go when something isn't right.
               | 
               | > And I'm pretty sure that people have done (informal)
               | reliability studies by things like calling random
               | franchises, and Mcdonalds isn't just more popular, it's
               | actually less reliable.
               | 
               | You'll need some sort of source for this. Most fast food
               | chains only sell one ice cream product, usually shakes or
               | cones, maybe both. McDonald's sells McFlurries which are
               | very popular, in addition to seasonal products and then
               | the regular products. Given McDonald's is also the
               | largest fast food chain in the world, it stands to reason
               | they sell more ice cream products than anyone else.
               | 
               | Which would, yes, mean the surface area is larger and
               | more exposed. People go there specifically for a McFlurry
               | and come away dissapointed. How many people go to Taco
               | Bell specifically for a milkshake and nothing else?
        
               | jancsika wrote:
               | > McDonald's wants a machine that's so brain-dead simple
               | to use safely and keep sanitarily that even a new-hire
               | with 5 minutes of training can operate it effectively.
               | They get that by forcing standardization on one unit and
               | one vendor, and software safety mechanisms that provide a
               | firm no-go when something isn't right.
               | 
               | That doesn't really jibe with the article:
               | 
               | "The machine overheats if it's used too much within a
               | certain time period. This results in mushy goop coming
               | out _or_ the machine shutting down and refusing to work
               | until it resets and cools down, " Shahram Mokhtari,
               | iFixit's lead teardown tech, said in iFixit's teardown.
               | 
               | Gonna go out on limb and rankly speculate that for health
               | critical systems it's not advisable to assume that
               | OUTPUT_GOOP || FAILSAFE is functionally equivalent to
               | FAILSAFE.
        
               | MostlyStable wrote:
               | Of course McDonalds the brand can do that. They literally
               | _are_ doing that. Someone made a 3rd party
               | troublehsooting tool that solved the majority of problems
               | without needing to call a Taylor tech, and McDonalds
               | corporate disallowed it.
               | 
               | The point is not "can they do this" the point is "is it
               | necessary for them to do it for brand reputational
               | reasons".
               | 
               | The steelman argument I've seen for this state of affairs
               | is that (apparently) the McDonald's machine is much more
               | complicated to allow it to self sanitize/clean every
               | night and only need full disassembly every 2 weeks. The
               | machines used at other chains apparently don't' have this
               | automatic process and must be disassembled and manually
               | cleaned more frequently. That would all be well and
               | good...if it worked. The frequent state of disrepair of
               | McDonalds machines pretty clearly indicates it does not.
               | 
               | They are mandating the use of a low-reliability machine,
               | presumably in the name of lower labor costs (which you'd
               | think you wouldn't have to _mandate_ since the
               | franchiesees probably care more about labor costs than
               | anyone), also mandating an expensive service contract for
               | those machines. I'm just really really skeptical that 3rd
               | party parts would make this situation worse. People
               | already have the impression that McDonals ice creams
               | machines are usually broken. I don't think this opinion
               | is based on a quantitative assesment of uptime, where, if
               | it got 10% worse, their opinion would decrease by 10%.
               | 
               | To try and summarise: I thin your argument that 3rd party
               | parts would create enough of a reliability problem to
               | meaningfully change their reputation, which is _already_
               | one of lack of reliability (deserved or not), is
               | completely implausable to me.
        
               | Alupis wrote:
               | We're talking past each other it seems.
               | 
               | > They literally _are_ doing that. Someone made a 3rd
               | party troublehsooting tool that solved the majority of
               | problems without needing to call a Taylor tech, and
               | McDonalds corporate disallowed it.
               | 
               | And so what? It's non-standard and non-approved.
               | McDonald's has no idea what that firmware/tool actually
               | does. You (and the makers) claim it was better, but how
               | do you actually know? Maybe it just bypasses safety and
               | sanitary standards McDonald's has set for these
               | machines... giving the appearance in the short-term of
               | being more reliable.
               | 
               | In the end, it's McDonald's who will be sued if someone
               | gets sick from a milkshake. Therefore, they can and will
               | enforce standards, including machines and vendors. Heck,
               | they probably have approved vendors and parts for
               | _everything_ inside a McDonald 's, not just the ice cream
               | machines. The toilet paper dispenser even most likely...
               | but surely the stoves, fryers, etc.
               | 
               | Right to Repair has nothing to do with this specific
               | situation. It's about corporate standards set for
               | franchisees.
               | 
               | Additionally, the franchisees aren't even complaining
               | about this. It's customers, like you and me, who are mad
               | we can't get a McFlurry or something.
               | 
               | That's not going to compel any change other than make
               | McDonald's realize they might need more machines per
               | location.
        
           | greedo wrote:
           | McDonalds exerts controls to protect its reputation, and does
           | this through its franchise agreements with franchisees. This
           | makes a lot of sense for both parties and customers. I
           | remember when Jack In The box had outbreaks of E.coli in
           | their burgers. McDonalds had new testing methodologies and
           | equipment at franchises (and company owned stores) in a
           | heartbeat.
           | 
           | The last thing McDonalds wants are customers getting sick
           | from listeria and having blood on their hands[1].
           | 
           | 1. https://www.cnn.com/2023/08/20/us/tacoma-milkshake-
           | listeria-...
        
             | bozhark wrote:
             | Ah shit, people here just died in the area from a uncleaned
             | milkshake mixer. Due to listeria.
        
               | Alupis wrote:
               | Anyone who's worked in a restaurant with a soft-serve
               | machine (used to make milkshakes and more) knows how much
               | of a PITA they are to clean...
               | 
               | Which means they don't get deep cleaned often enough,
               | even at reputable places.
               | 
               | Do people get sick and die every day from these machines?
               | No, of course not. But we cannot trivialize the liability
               | and risk here.
               | 
               | If every restaurant had a self-cleaning smart self-
               | diagnosing machine like McDonald's has, all the better.
               | 
               | You should think carefully before ordering a soft-serve
               | anything from most places...
        
         | neilv wrote:
         | Careful with your stones in glass houses, on HN, of all places.
         | We're the community in which virtually every Web site we deploy
         | sells out privacy of its users to third parties. And that's
         | before we get into the commonplace UX behavior against users'
         | interests, numerous startups which are essentially investment
         | scams, some of our most celebrated startup successes only
         | existing because an app is a smokescreen that lets them violate
         | regulations long enough, and general background underhandedness
         | and entitlement so pervasive that we now consider it normal.
        
           | havblue wrote:
           | Tu quoque fallacy. Calling someone a hypocrite doesn't
           | address their argument. Also, obviously, you have no idea if
           | the original poster a) is a web developer or b) is guilty of
           | the behavior you mentioned.
        
             | HaZeust wrote:
             | I genuinely think Tu Quoque is misplaced by being called a
             | fallacy, and I firmly believe that calling out someone's
             | hypocrisy to their argument already shows - at the very
             | least - a fragility to their stance, and can help to
             | illustrate what about their argument is going amiss by
             | using the individual's own experience and behavior to prove
             | it.
             | 
             | Someone not doing X indeed _doesn 't_ say whether you
             | should be doing X, but it stands ground that X has a flaw
             | for adoption - and talking to someone that doesn't do it is
             | a great way to examine why, and possibility use it to your
             | argument.
        
               | ImPostingOnHN wrote:
               | _> I genuinely think Tu Quoque is misplaced by being
               | called a fallacy, and I firmly believe that calling out
               | someone 's hypocrisy to their argument already shows - at
               | the very least - a fragility to their stance, and can
               | help to illustrate what about their argument is going
               | amiss_
               | 
               | "they" have no "stance" or "argument", they're just the
               | ones who happened to point out the problem. They
               | themselves are irrelevant. They could strangle puppies
               | for fun, and they could still point out the problem as
               | well as if they donated both kidneys to child orphan
               | strangers. They're just the person there at the time,
               | pointing out the problem. It could have been anybody
               | pointing out the problem, the problem is still a problem.
               | 
               | that's why tu quoque is a fallacy: attacking the person
               | who pointed out the problem, doesn't resolve the problem,
               | and doesn't seek to, either. It seeks to silence the
               | person who pointed out the problem. Shooting the
               | messenger is a related problem-solving anti-pattern, for
               | similar reasons.
        
           | Fauntleroy wrote:
           | We don't all work in hell.
        
           | r00fus wrote:
           | Not every one of us work in ad-tech. And screw those business
           | models also, btw.
        
             | dingnuts wrote:
             | I've been actively avoiding ad-tech and have chosen to work
             | for companies that are doing things to lessen their
             | influence and reach! And yet, somehow, I'm still having a
             | successful career in software engineering!
        
           | [deleted]
        
           | nwsm wrote:
           | Speak for yourself. I would never leak or sell user data. I
           | just develop B2B software that provides no value
        
             | bluefirebrand wrote:
             | All B2B software has value.
             | 
             | It's just that often the value is "I bought this and even
             | though it provides no value, it's pretty enough that it
             | impressed my boss and I got a raise and promotion"
        
           | wizzwizz4 wrote:
           | > _We 're the community in which virtually every Web site we
           | deploy sells out privacy of its users to third parties._
           | 
           | Simply don't do that, then. It's not hard. (And... why even
           | increase your liability and reduce your hiring pool by being
           | relentlessly unethical? The trade-off isn't worth it, even if
           | you're a stereotypical heartless executive.)
        
           | ryukoposting wrote:
           | Speak for yourself. If I only cared about the paycheck, I'd
           | be in SF helping Google build its IoT botnet of Nests and
           | Chromecasts.
           | 
           | Any new technology can be looked at through the lens of evil.
           | I used to write code for stick-on wireless biosensors that
           | massively improved living conditions for neonates and the
           | chronically ill. Some health insurance company could use the
           | exact same tech to institute a system like what the car
           | insurance companies have with those "safe driver" tracker
           | dongles.
        
           | fragmede wrote:
           | What does that have to do with Taylor litigating instead of
           | innovating?
        
             | arcanemachiner wrote:
             | Parent: That company does unethical things.
             | 
             | Reply: A lot of people reading this comment do unethical
             | things, so we probably shouldn't be on our high horse in
             | this thread.
             | 
             | I don't necessarily endorse that line of thinking as I
             | believe it falls under the purview of "classic
             | whataboutism".
        
               | neilv wrote:
               | My reply was intended more like: You're addressing a bank
               | robber convention, to morally condemn a convenience store
               | robber.
               | 
               | (That parent should have the guts to broaden their scope
               | of condemnation. Unless throwing the first stone in a
               | glass house was a clever Socratic prompt intended to lead
               | to this discussion.)
        
               | ImPostingOnHN wrote:
               | that is indeed classic whataboutism, and also the analogy
               | sounds contrived and self-serving
        
               | neilv wrote:
               | My intent was not to dispute their argument, but I didn't
               | have the stomach to see techbros piling onto that, as
               | tends to happen. If the OP didn't point out that tech
               | overall has become a cesspool industry doing comparable
               | things, then someone had to.
        
               | mulmen wrote:
               | Reading a comment in no way implies support for the views
               | expressed.
        
         | lamontcg wrote:
         | > I have to ask the engineers that work at these companies
         | [...]
         | 
         | Yeah, global warming is also entirely my fault because I just
         | don't recycle hard enough.
        
         | rightbyte wrote:
         | When deals are bad enough, a always suspect bribery.
         | 
         | Unless it is public procurements, then I blame too strict
         | lowest bidder rules.
        
           | pessimizer wrote:
           | No, in public procurement it's still bribery. You just
           | carefully tailor the tender to the company that the fix is
           | already in for.
           | 
           | When I worked in state government, every vendor of products
           | was simply a middleman who marked a bunch of stuff up that
           | you could easily buy from standard wholesale sources. Their
           | catalogs would be three-hole binders of photocopies from
           | other people's catalogs and printouts from ecommerce webpages
           | with the prices whited out, and a pricelist typed up in word
           | at the back. Every vendor of services was connected to an
           | insider who tipped them off that purchases were about to be
           | made.
           | 
           | The lowest bidder was selected from the people who could jump
           | through the hoops required to submit bids, and who also fit
           | the carefully written RFP.
        
         | sircastor wrote:
         | I'm reminded of Cory Doctorow's referencing DMCA and the like
         | as "felony contempt of business model".
         | 
         | I'm sure it's been this way a lot longer than I imagine, but it
         | feels to me like in the 80s or so companies became a lot more
         | interested in making their shareholders happy than they were in
         | making their customers happy.
        
           | jasonwatkinspdx wrote:
           | I think there's some truth to the idea that the "MBA-ization"
           | of business management has been quite destructive.
        
       | neilv wrote:
       | I'm sympathetic to right-to-repair, in general, but this argument
       | bothers me:
       | 
       | > _"The current barriers to these works include service passwords
       | and digital locks," the petition reads. "Commercial ice cream
       | machines, such as the Taylor manufactured ice cream machines used
       | by McDonald's, frequently fall into disrepair when its daily
       | pasteurization cycle fails. Circumventing the digital lock on the
       | software would enable owners and repair professionals to diagnose
       | and perform the necessary repairs to get these devices back up
       | and running."_
       | 
       | They're talking about a safety-sensitive process failing and
       | consequently locking out use... mere syllables before asking for
       | the ability to circumvent locks.
       | 
       | Which prompts the concern that some fast food employees, their
       | managers or small business owners, sketchier repairpeople, and
       | Aliexpress gadgets are going to effectively use that lock
       | circumvention ability to circumvent a safety feature, eventually
       | killing children whose parents treated them to ice cream cones.
        
         | pinot wrote:
         | All modern industrial machinery has safety features that often
         | include shutting down the machine. Most machine owners are
         | allowed to send mainteance in to evaluate the reason of the
         | shutdown, resolve the issue and restart the machine, without
         | calling the OEM.
         | 
         | Imagine if a walk-in cooler had a high-temp alarm, and the
         | machine shut itself down, and locked the cooler as a result,
         | then told the owner to call the cooler OEM. Thankfully it
         | doesn't work that way, it might alarm then you diagnose
         | (radiator fan not running, fan coils covered in leaves,
         | whatever) resolve and restart.
        
         | fluoridation wrote:
         | Won't somebody _please_ think of the children?
        
         | Benanov wrote:
         | You're conflating "I can't get the diagnostic repair codes that
         | Taylor can" with "Kids are going to get hurt because the
         | machine is malfunctioning"
         | 
         | Please stop doing that.
        
           | gruez wrote:
           | > You're conflating "I can't get the diagnostic repair codes
           | that Taylor can" with "Kids are going to get hurt because the
           | machine is malfunctioning"
           | 
           | But the article and the linked vice.com article suggests that
           | the device isn't just decoding error codes, it's also
           | providing a hardware bypass for safety features like
           | lockouts.
        
             | spiderxxxx wrote:
             | no, the article says "groups seek permission from the
             | government to break arbitrary software locks and passwords
             | that keep consumers and repair professionals from
             | diagnosing and repairing equipment they own or are
             | authorized by the owner to work on." It doesn't mention
             | "lockouts", or bypassing safety features. It's about access
             | to the machine, and the diagnostics that a repair person
             | has access to, but the owner does not.
        
               | Clent wrote:
               | But are they authorized? These are McDonalds franchises.
               | There is a contract.
               | 
               | We're going to start limiting what McDonalds can do to
               | control quality of product because the tech community
               | thinks it knows better?
               | 
               | Dairy is not a product to play loose with the rules on.
        
               | ghostpepper wrote:
               | (Semi-)Serious question: does McDonald's soft serve "ice
               | cream" contain dairy?
        
               | mcpackieh wrote:
               | It does contain dairy, but they can't legally call it ice
               | cream. (Or at least they can't call their shakes
               | "milkshakes": https://www.mcdonalds.com/us/en-
               | us/faq/desserts-and-shakes.h... )
               | 
               |  _Q: Why don 't you call your 'shakes,' 'milkshakes'?_
               | 
               |  _A: Great question. Our shakes contain milk from our
               | reduced-fat soft serve, which makes them thick and
               | creamy. Dairy regulations actually vary from state to
               | state on what can officially be called a 'milkshake.' We
               | like to keep it simple and refer to them strictly as
               | 'shakes.'_
               | 
               | (Note they say "reduced-fat soft serve" and not "ice
               | cream")
        
               | bandyaboot wrote:
               | In order to call it simply "ice cream", it would need to
               | have at least 10% fat content. They could choose to call
               | it "reduced fat ice cream", but I'm guessing they've
               | decided that that doesn't sound as appetizing to
               | consumers as "soft serve" since to most people, "soft
               | serve" is just a type of ice cream. Marketing finds a
               | way. _said in the voice of Ian Malcolm_
        
               | Clent wrote:
               | I really don't want keep defending a corporation here but
               | it's quite clear form that messaging that it may be
               | consider ice cream in some states.
               | 
               | If we're going to dunk on corporations can we do it for
               | legitimate reasons?
        
               | mcpackieh wrote:
               | They can't call it ice-cream because legally it isn't in
               | at least some states. They likely aren't using enough
               | cream, or they're adulterating it with other ingredients
               | that some states don't permit. What exactly are you
               | refuting?
        
               | rufus_foreman wrote:
               | "Vanilla Reduced Fat Ice Cream Ingredients: Milk, Sugar,
               | Cream, Corn Syrup, Natural Flavor, Mono And Diglycerides,
               | Cellulose Gum, Guar Gum, Carrageenan, Vitamin A
               | Palmitate."
               | 
               | -- https://www.mcdonalds.com/us/en-us/product/vanilla-
               | cone.html...
        
               | repiret wrote:
               | The franchise owner is the machine owner, and therefore
               | can cause a repair person to become "authorized by the
               | owner".
               | 
               | The franchise owner may have a contract with McD or
               | Taylor in which they agreed not to make certain repairs,
               | but I'm pretty sure they do not, because otherwise Taylor
               | wouldn't need to lean on the DMCA to argue that certain
               | repair tools are illegal.
        
           | neilv wrote:
           | See, you can casually whip out a more persuasive (or less
           | self-defeating) argument than they did, in their presumably
           | carefully crafted petition.
        
         | ImPostingOnHN wrote:
         | responsibility for restaurant sanitation falls on the
         | restaurant
         | 
         | if you're going to mcdonalds, with your children, with the view
         | that they _will_ serve you and your children spoiled,
         | contaminated food, and _kill_ you and them, unless a little
         | computer gadget _physically prevents_ them,
         | 
         | you might either have poor judgement,
         | 
         | or you might be a contrived plot device in an implausible
         | hypothetic scenario dreamed up by a HNer
        
         | spiderxxxx wrote:
         | A lot of the time, the reason why it fails is simply because
         | the feed bucket is filled too much to heat it up to a high
         | enough temperature in the 4 hours, but the error codes give no
         | indication of this unless you go into a service menu which the
         | code is not available to the owners of the machines. If you
         | could get into the service menu, you could find out what the
         | problem is, fix it, and have it successfully complete a cycle,
         | if you had access to the settings, you might be able to set it
         | to try for a 5 hour cleaning cycle to give it more time to heat
         | itself up to clean itself. It's not about trying to bypass a
         | safety lockout, it's about being able to troubleshoot the issue
         | and fix it.
        
         | banannaise wrote:
         | The lock doesn't prevent using the machine - it prevents
         | _restarting the cleaning process_. The fact that the cleaning
         | process hasn 't been completed is what prevents using the
         | machine.
         | 
         | There is no danger in unlocking the cleaning process so the
         | cleaning process can be restarted.
        
       | mig39 wrote:
       | Capitalism always trends towards lock-in and monopoly rather than
       | the free market.
       | 
       | Once upon a time, governments would step in and ensure a free
       | market.
        
       | iancmceachern wrote:
       | There are so many of these situations in medical devices. It's
       | just the tip of the iceberg.
        
         | mewse-hn wrote:
         | So.. one of the smokescreens Taylor uses is that their
         | proprietary control software is necessary to ensure the
         | sterilization procedures happen correctly, so they can trot out
         | the argument "if you tamper with our machine you could kill
         | somebody".
         | 
         | But it's a damn ice cream machine.
         | 
         | The stakes get a bit riskier when it comes to medical devices
         | because it's much easier to imagine the scenario where you
         | tamper with a pacemaker, you're going to kill somebody. You
         | tamper with a dialysis machine, you're going to kill somebody.
         | 
         | Same problem, different stakes.
        
           | rrauenza wrote:
           | https://www.npr.org/2023/08/22/1195207118/listeria-
           | frugals-m...
           | 
           | > Poorly cleaned ice cream machines at a Washington-based
           | burger joint were linked to a listeria outbreak earlier this
           | year that landed six people in the hospital, three of whom
           | died. Two of those who were hospitalized told investigators
           | they had milkshakes from the same restaurant before getting
           | sick.
        
           | iancmceachern wrote:
           | You have it wrong.
           | 
           | The stakes are actually higher for the ice cream machine.
           | Inproper use of the ice cream machine could kill dozens. A
           | pacemaker malfunction would just kill one at best.
           | 
           | It's why airliners need to have triple redundant systems,
           | doubke fault tolerant. Medical devices only need to be double
           | redundant, single fault tolerant.
           | 
           | I (dont) love it when people whonhave not ever designed a
           | real medical device that's actually on the market make claims
           | about what it's like to design a real medical device that's
           | actually on the market.
        
           | gruez wrote:
           | >so they can trot out the argument "if you tamper with our
           | machine you could kill somebody".
           | 
           | >But it's a damn ice cream machine.
           | 
           | It's a machine holding fluids that are highly conducive to
           | bacterial growth, and is a pain to clean because it has tons
           | nooks and crannies. Someone dying (if there's a preexisting
           | condition) or getting seriously sick due to subpar cleaning
           | is very plausible. People get sick from improperly maintained
           | ice machines[1], and those are arguably simpler and are
           | holding less hazardous liquids (plain water rather than
           | milk).
           | 
           | [1] https://pubmed.ncbi.nlm.nih.gov/29382408/
        
             | hgsgm wrote:
             | And yet restaurant operators are allowed to open close
             | their refrigerators and freezers at will, not subject to
             | third party refrigerator maintenance company monopoly.
        
               | gruez wrote:
               | ...because they're not part of a franchise. Part of being
               | a franchisee is that you're accepting the
               | standards/regulations of the franchisor in exchange for
               | use of their brand. I think it's very reasonable if
               | mcdonalds had some sort of regulation like "all soda
               | fountains must be disassembled and cleaned every 24
               | hours", and enforced that through hardware interlocks.
        
               | iancmceachern wrote:
               | Exactly, it's what they're selling (consistency and
               | management).
               | 
               | What I don't agree with is the proprietary lock out.
               | Franchise owners should be able to replace the pump
               | header with generic options.
        
               | [deleted]
        
               | ghostpepper wrote:
               | Who guarantees the generic replacement is up to par?
               | McDonald's or the franchisee? Who suffers a greater cost
               | if it turns out not to be?
        
               | iancmceachern wrote:
               | For medical devoces its the manufacturer, and it's
               | notified body.
               | 
               | It's no different than for the origami manufacturer.
               | 
               | It's all covered in ISO 13485 (and another similar
               | standard for the software portion if your product
               | contains software). It's called the risk based approach.
               | You define what's called essential performance or your
               | device, things it must do or the patient or caregiver is
               | harmed. You then do a FMEA to determine what failure
               | modes exist, and what the result of each failure is. You
               | then make sure you have mitigation in place for each of
               | those situations. You then document that all, get it
               | signed off internally, by the FDA, by your notified body,
               | and by the test house (for 14485, FCC testing, etc). All
               | that makes up the stack of documents that allows you to
               | sell a medical product.
               | 
               | It's no different if it's a generic product or a new
               | novel one, same process same standards.
               | 
               | For food machinery it's also thr FDA for things like
               | design and materials, and it's the local health
               | department for those items. It's a similar but different
               | ISO standard you need to meet depending on the specific
               | machinery.
        
               | mcpackieh wrote:
               | Should they also be allowed to swap out their cola
               | products with generic brands? RC Cola instead of Coca
               | Cola won't hurt anybody (much safer than tampering with a
               | dairy machine!), but franchisees are made to buy Coca
               | Cola specifically. Agreeing to this sort of thing is part
               | of the deal of being a franchise.
        
               | iancmceachern wrote:
               | Yes, as long as they label it such to the public.
        
         | ska wrote:
         | Not saying it doesn't happen, but the situation in medical
         | devices is more complicated.
        
           | iancmceachern wrote:
           | It's not really more complicated, just different. It's funny,
           | the F in FDA stands for food, so you still need to deal with
           | the FDA and its regulations, just different ones.
           | 
           | Its really more of a paperwork/comiance thing than anything.
           | I.e. genaric drugs. Source- I've designed medical devices and
           | food processing equipment for 20 years.
        
             | ska wrote:
             | I shouldn't have been so terse. I didn't mean to suggest
             | that the regulatory side didn't exist in commercial food
             | equipment, obviously it does.
             | 
             | OP seemed to suggest that medical devices was rife with
             | situations parallel to McDonalds/Taylor, and that just
             | doesn't seem to be the case; partially because the
             | landscape is more complex in terms of who pays, how
             | liability is distributed, and how the maintenance work is
             | done, etc.
             | 
             | Which isn't to say device industry doesn't have lots of its
             | own problems, they just look different.
        
               | iancmceachern wrote:
               | I am OP, and the parent commenter to this comment both.
               | 
               | I was making exactly the opposit point you are.
               | 
               | I have actually worked directly with the manufacturer of
               | the pumps in those machines (Watson marlow), and also
               | designed and saw through to clinical release many similar
               | complex medical devices with the same exact pumps.
               | 
               | The situation is nearly identical between these two
               | examples, it's just the names of the forms you need to
               | fill out are different, and the division of the company
               | that supplies your components is different, but it's all
               | the same thing just a different name.
        
               | ska wrote:
               | Ok, I confused myself somehow about who I was replying
               | to, my apologies. The OP is jmsflknr though, no?
               | 
               | However, my point was not meant to be about the pump
               | design nor the regulatory bodies involved, so I think we
               | are just miscommunicating. My fault for quick replies.
               | 
               | I was responding to "There are so many of these
               | situations in medical devices." by which I took you to
               | mean that there are many parallel situations the the
               | McDonalds/Taylor issue in the linked article and the
               | franchises inability to keep them in service, or accept
               | 3rd party help in doing it; I read this as the core point
               | of the article.
               | 
               | When I said "things are more complicated" I meant the
               | relationship between the various entities and how systems
               | get deployed, managed, maintained, etc. doesn't look the
               | same.
               | 
               | So is that what you meant?
               | 
               | It's possible you just mean there are similar technical
               | issues in the pumps, something I'm happy to accept you
               | have direct experience in; in that case I just misread
               | you. If you had said there are similar (identical) pumps
               | in some medical devices I would have understood it that
               | way.
               | 
               | It read to me like you were making a far broader claim.
        
       | Aaronstotle wrote:
       | For anyone interested in a good video about this, there is YT
       | video that details how the Ice Cream Machine's being broken is
       | essentially a scheme that McDonald's corporate runs on their
       | franchisees.
       | 
       | Source: https://www.youtube.com/watch?v=SrDEtSlqJC4
        
         | nyokodo wrote:
         | Can you summarize that video? I got about 7 minutes in and it
         | still hadn't answered the question but did get an ad, so I gave
         | up. Too much filler and noise!
        
           | SirMaster wrote:
           | If I recall some video I watched awhile ago:
           | 
           | 1. McD HQ mandates franchises buy a special model Taylor-Made
           | machine (not the same that like Chick-fil-a and others use).
           | This is why McD machines stop working but other companies
           | don't.
           | 
           | 2. Every night there is a very specific maintenance routine
           | that needs to be ran to clean and prep the machine for the
           | next day. If it's not followed perfectly, the process will
           | likely fail and the next morning workers will be greeted to a
           | cryptic error code. Sometimes re-running the process will
           | clear it, sometimes it wont. But this can take hours.
           | 
           | 3. If re-running it doesn't fix it, then the franchise owner
           | is stuck with the dilemma of bleeding money not having a
           | working ice cream machine for customers, or calling an
           | expensive hourly certified Taylor-Made repair person.
           | 
           | 4. So they usually end up calling the repair person.
           | 
           | The idea is that McD HQ is working with Taylor-Made to make
           | this problem happen so that franchise owners have to pay for
           | expensive repair people.
           | 
           | Apparently the error codes have been reverse-engineered with
           | a USB device that a third party created. But Taylor-Made is
           | said to deny warranty and service etc if you try to use one.
        
             | listenallyall wrote:
             | > This is why McD machines stop working but other companies
             | don't.
             | 
             | Is it possible that what goes into those machines at
             | McDonald's is thicker than Chick-fil-A's mix, rather than
             | the machine being to blame? Just like some kinds of motor
             | oil are harder on an engine than others.
        
             | chongli wrote:
             | A small nitpick:
             | 
             | TaylorMade is a manufacturer of golf equipment. They are
             | not related to Taylor Company, the maker of these ice cream
             | machines.
        
               | SirMaster wrote:
               | Whoops, yeah I got the company name wrong.
        
               | skyyler wrote:
               | I took it as they were trying to say tailor-made, in
               | reference to a bespoke-for-McDonald's product.
        
               | SirMaster wrote:
               | That works haha, but I did get the company name wrong, my
               | bad.
        
             | ixwt wrote:
             | I believe that there is a lawsuit involving the third party
             | devices as well. Pretty interesting saga.
        
           | kevinventullo wrote:
           | From https://www.fastcompany.com/90923565/congress-mcdonalds-
           | ice-...:
           | 
           |  _The incentives here are all aligned against quick repair:
           | Taylor makes more money when machines are broken. McDonald's
           | corporate has a lucrative service contract with Taylor. As a
           | result, poor franchisees, who have no choice about what
           | equipment to buy or how to service it, are forced to deal
           | with broken machines and annoyed customers._
        
             | googlryas wrote:
             | Why wouldn't McDonalds just _not_ do that, and charge more
             | to franchisees, and pocket 100% of the amount instead of
             | whatever cut they have to give to Taylor?
             | 
             | Surely, franchisees and potential franchisees talk to each
             | other, and if any appreciable amount of money was going out
             | the door to fix the ice cream machine repeatedly, it would
             | be a known cost of doing business.
        
               | MostlyStable wrote:
               | One possible reasons is that repair fees might not show
               | up in planning the way a guaranteed franchise fee bump
               | would. You can get your franchisees to pay more money if
               | they don't know they are going to be paying it ahead of
               | time, potentially.
               | 
               | If the full extent of the repairs necessitated by the
               | behavior were clear, obvious, and known ahead of time,
               | then yeah, this would strictly be worse. But a slightly
               | lower, but secret, fee might be preferable to a higher
               | but obvious fee.
               | 
               | That's just me speculating though. Could also just be
               | incompetence or maliciousness, or maybe just once upon a
               | time a particular person in McDonalds corporate took a
               | bribe to make it happen. Who knows.
        
             | qudat wrote:
             | 30 min video condensed to 3 sentences. Thank you for saving
             | our time!
        
           | jmorenoamor wrote:
           | I make and repair machines, you have tons of restaurants.
           | 
           | You mandate that franchises have to buy my machines, and only
           | me can service them.
           | 
           | We both benefit economically from this agreement.
           | 
           | Also, machines enter in service mode without needing it just
           | to give me more business.
        
         | droopyEyelids wrote:
         | On the other hand, we have the fact that listeria just killed a
         | couple people due to ice cream machines not getting cleaned
         | properly.
         | https://www.cdc.gov/listeria/outbreaks/monocytogenes-06-22/i...
         | 
         | Franchise owners use 'hacks' to disable the lengthy cleaning
         | process on their machines to make more money at the expense of
         | our health.
        
           | ImPostingOnHN wrote:
           | that seems like a unrelated issue, the machines here aren't
           | being disabled due to non-cleaning
           | 
           | also that was last year
           | 
           | also there's nothing in your link about it being due to
           | someone hacking their machine
        
             | AnthonyMouse wrote:
             | It's also obvious that technical measures would be useless
             | at preventing this. Checking whether a local restaurant is
             | following safety standards is for the local Health
             | Inspector, not the machine vendor -- who would have the
             | incentive to help them cheat as the one paying for their
             | machines, if they weren't running a scam that makes the
             | machine return false positives on purpose to generate
             | profitable service calls.
             | 
             | A prohibition on "hacking" only protects the scam.
        
             | adolph wrote:
             | Below is a milkshake listeria incident from this month.
             | There is a balance to be sought between "right to repair"
             | and safe operation of equipment. The discussion here [1]
             | about dangers of ill informed self-service ebike batteries
             | is an example. I'd like to see the standards for chilled
             | dairy equipment maintenance before I would believe any
             | claims about capabilities for self-repair.
             | 
             |  _OLYMPIA - Listeria bacteria found in all milkshake
             | flavors sold at Frugals restaurant at 10727 Pacific Ave.
             | S., Tacoma, WA are associated with a foodborne listeriosis
             | outbreak linked to six hospitalizations and three deaths.
             | Investigators found Listeria in the ice cream machines,
             | which were not cleaned correctly. No other Frugals
             | restaurants are believed to be affected. The restaurant
             | stopped using its ice cream machines Aug. 8, but Listeria
             | can sicken people up to 70 days later._ [0]
             | 
             | 0. https://doh.wa.gov/newsroom/listeria-bacteria-found-
             | milkshak...
             | 
             | 1. https://news.ycombinator.com/item?id=37293557
        
         | jherico wrote:
         | I've seen this video and while it's informative overall, it's
         | also about 10 minutes or less of information stretched out to
         | 30 minutes. super repetitive throughout and trying to
         | constantly tickle you with the idea that resolution to
         | questions are coming any second now.
        
           | qudat wrote:
           | Totally agree. I couldn't make it through 10 mins before
           | being completely annoyed. It's well constructed but
           | frustrating to watch. It was constantly teasing their results
           | throughout the video and I left knowing less than I did prior
           | to watching.
        
         | Bukhmanizer wrote:
         | As someone who used to take apart and clean those machines I
         | expected to hate this video but found it pretty spot on.
         | 
         | McDonalds was my first job and as someone who was pretty
         | technologically inclined I started taking apart and fixing a
         | lot of the old broken machines. I wouldn't say the ice cream
         | machine was completely impossible to fix, but it was absolutely
         | a pain. We also had an older model so it may also have been
         | simpler to fix.
         | 
         | One thing I would add is that it also highlights the importance
         | of having a good maintenance person even in McDonalds. The
         | reason why I knew a lot of the tricks with the ice cream
         | machine is we had a guy there, who had been working overnight
         | maintenance for >10 years there. The video mentions that you
         | can't expect minimum wage employees who have only been there
         | for 2 weeks to know how to do these things. But there's so much
         | involved with running a restaurant that you can't expect a 15
         | year old with no experience to do. But so often these positions
         | are treated like any other low wage/low skill job. He probably
         | saved the franchisee millions of dollars in maintenance costs
         | over the years yet only was paid ~$20 an hour (if that).
        
           | specialist wrote:
           | Great share, thanks.
           | 
           | To your last point: That's the mentality of treating labor as
           | an expense rather than an investment.
        
         | voisin wrote:
         | I am surprised the franchisees haven't launched a class action.
         | No other fast food chain has these issues.
        
           | daniel-cussen wrote:
           | [dead]
        
           | kevinventullo wrote:
           | FWIW, I imagine the "invisible hand" is already in effect.
           | That is, at the margins there are probably some potential
           | franchisees who were dissuaded by McDonalds' actions here.
        
           | 0cf8612b2e1e wrote:
           | Surely the franchise agreement would prohibit such an action?
        
             | voisin wrote:
             | I am not sure such a clause would be upheld in a scenario
             | where the franchisor blatantly acts in bad faith outside of
             | industry norms to fleece the franchisee. There is a
             | reasonable expectation of good faith.
        
             | krisoft wrote:
             | It's probably not even that. As a franchise you are under
             | the thumb of the big corporation. They have a lot more
             | money, and a lot more leverage to break you if you start
             | suing them. They can probably inspect your premises, find
             | 200 violations normally overlooked and then suspend your
             | right to use their branding or suppliers. Sure you might
             | win eventually, maybe in court. And then maybe you can sue
             | them that the inspection happened in retaliation, but do
             | you really want to risk that?
        
       | zwieback wrote:
       | I'm all for right-to-repair but if they hate their machines so
       | much why isn't McD addressing the problem?
        
         | blamazon wrote:
         | Like many corporations nowadays, McDonald's is basically a real
         | estate holding company. The actual franchised businesses that
         | operate on their land are tenants, and as their landlord,
         | McDonald's is, IMO, only incentivized to help them succeed
         | financially insomuch as they desire to collect as much rent
         | from them as possible.
         | 
         | This ice cream machine thing is, IMO, an obfuscated method of
         | transferring more value from the ground level businesses to
         | McD's corporate, via the Taylor machine vendor middleman. In
         | other words, paying more rent.
        
           | kyleee wrote:
           | I think more money is going to Taylor in recurring service
           | revenue. But there were probably kickbacks to McDs when the
           | use of this machine was mandated
        
             | blamazon wrote:
             | Kick-back doesn't have to be a one time thing - my guess
             | (unsubstantiated) is the contracts involved routinely time
             | out, requiring more 'golf-course negotiations.'
        
               | ghostpepper wrote:
               | That would mean there should be even more evidence laying
               | around, no?
        
               | blamazon wrote:
               | In theory yes, but in practice, I feel that the
               | transferred value could be ambiguous and obfuscated, even
               | intangible. I would be surprised if McDonald's doesn't
               | have a world class general counsel and legal team that
               | can get very creative. I readily acknowledge this is a
               | cynically conspiratorial take with no evidential basis.
        
             | gruez wrote:
             | >>This ice cream machine thing is, IMO, an obfuscated
             | method of transferring more value from the ground level
             | businesses to McD's corporate, via the Taylor machine
             | vendor middleman. In other words, paying more rent.
             | 
             | >But there were probably kickbacks to McDs when the use of
             | this machine was mandated
             | 
             | I see this being insinuated since day 1, but after 2 years
             | of lawsuits no document has surfaced during discovery to
             | support this claim. I realize absence of proof isn't proof
             | of absence, but given how much this piece of evidence will
             | help Kytch's case, if not in court of law then in the court
             | of public opinion, I'm inclined to tentatively conclude no
             | such malfeasance has occurred.
        
               | [deleted]
        
           | greedo wrote:
           | This is an inaccurate meme that needs to die.
           | 
           | Yes, McDonalds is a large owner of real estate. Does this
           | mean that's where they get their profits? Not so much.
           | 
           | Most franchisees pay roughly 10% of gross sales to McDonalds
           | as "rent" (this is in addition to the 4% they pay as a
           | monthly service fee for other aspects of the relationship).
           | 
           | Since this "rent" is based on gross sales, the primary
           | incentive on McDonalds part to increase the franchisee's
           | sales.
           | 
           | Your argument also ignores that roughly 30% of McDonalds
           | profits comes from stores it operates itself.
        
         | jandrese wrote:
         | The franchisees hate the machines, but some people at the
         | corporate level are I'm sure very happy with the big stacks of
         | cash Taylor provides to insure the exclusivity. Reputational
         | brand damage from having always broken Ice Cream machines is
         | apparently less of a concern than losing those sweet
         | greenbacks.
        
           | phonon wrote:
           | There is no exclusivity. Franchisees can buy Carpigiani
           | machines instead...but...
           | 
           | "(McDonald's agreement with franchisees also allows them to
           | use an actual Italian machine, sold by Bologna-based
           | Carpigiani, that McD Truth describes as much better designed.
           | But given that its replacement parts can take a week to
           | arrive from Italy, far fewer restaurants buy it.)" [1]
           | 
           | [1] https://www.wired.com/story/they-hacked-mcdonalds-ice-
           | cream-...
        
             | netsharc wrote:
             | Seem like there's a market to be a buyer of a few thousand
             | of the Italian machines state-side, in complete (for
             | selling) and in parts (for repairs).
        
               | phonon wrote:
               | Seems like they are pretty good!
               | 
               | "Then there is the Carpigiani K3. Take all the issues
               | with the Taylor C602 and fix them and then you have a K3.
               | It's by far the better machine with tech support that
               | anyone can call into. The only complaint is that most of
               | the parameters are initialized before being translated
               | from German to English."
               | 
               | https://old.reddit.com/r/videos/comments/jd2tbq/mcdonalds
               | _ic...
        
               | kyleee wrote:
               | Sounds expensive to get started but I wish someone would
               | just to compete with the corrupt idiots at Taylor
        
       | jauntywundrkind wrote:
       | The meta point I heard the other day was that property law used
       | to givern how we use things, but that computing has changed all
       | interactions into contract law. Instead of having broad
       | governance by government of how we relate to property, each
       | company is free to create it's own set of laws governing use
       | (free to ensnare us as it will).
       | 
       | What a wretched abomination! This imposes against the spirit of
       | man the toolmaker, man the creator, man the scientist to let each
       | company prohibit exploration & understanding & fiddling with the
       | things they have released unto the world. Black boxes are against
       | the Enlightenment spirit that has given rise to society.
       | 
       | Ah, it was a point in _Web scraping for me but not for thee_ ,
       | and cited in this comment, citing a 20 year old Mark Lemley
       | observation in _Terms of Use_ ,
       | https://blog.ericgoldman.org/archives/2023/08/web-scraping-f...
       | https://news.ycombinator.com/item?id=37264970
        
       | lax4ever wrote:
       | I am intrigued, delighted, incredibly supportive of this measure,
       | and finally, laughing my ass off.
        
       | abeppu wrote:
       | > The Superior Court of Alameda County is charging roughly $1 per
       | page to get legal filings. To download the entirety of the court
       | proceedings to date, the court wants $2,999.
       | 
       | I was surprised by this, b/c I've been able to view court
       | documents for SF Superior Court without paying anything. AC even
       | charges per search query!
       | 
       | https://eportal.alameda.courts.ca.gov/?q=node/388
        
         | 1123581321 wrote:
         | Are these allowed to be posted on RECAP? If so, the cost could
         | at least be shared by multiple interested parties.
         | 
         | (You can see some other Kytch legal proceedings there for free.
         | https://www.courtlistener.com/?q=kytch%20vs%20gamble&type=r&...
         | )
        
       | cheeseomlit wrote:
       | >More than 480 documents have been filed with the court in that
       | lawsuit, and a trial is scheduled for this fall. Even reading
       | documents from this lawsuit is a costly nightmare of an affair.
       | The Superior Court of Alameda County is charging roughly $1 per
       | page to get legal filings. To download the entirety of the court
       | proceedings to date, the court wants $2,999.
       | 
       | That's absurd and should not be legal
        
         | pessimizer wrote:
         | Yes. Why not $10K per page?
        
       | 1vuio0pswjnm7 wrote:
       | For anyone who wants full details on this story, there is an
       | 82-page complaint by Kytch against McDonalds for false/misleading
       | descriptions under the Lanham Act, including a number of other
       | state law claims. A must-read for anyone who finds this dispute
       | entertaining.
       | 
       | https://ia902502.us.archive.org/3/items/gov.uscourts.ded.781...
        
       | listenallyall wrote:
       | Is everyone 100% sure it's McDonald's machines that are faulty?
       | Couldn't it be that McDonald's specific ice cream mix or blend is
       | just a little bit thicker, or stickier, or whatever, and that
       | would increase the failure rate of any brand or model of soft-
       | serve machine?
        
       | rtbathula wrote:
       | It's a violation of patent laws. And I can summarize it in one
       | expression from the novel Atlas Shrugged "Why Rearden could only
       | have Rearden Metal?"
        
         | Clent wrote:
         | In which direction?
        
       | EMIRELADERO wrote:
       | I may be wrong, but I thought this "exemption" wasn't required in
       | the first place.
       | 
       | DMCA 1201 applies to copyrighted material, and even then, only to
       | measures that control access to the work. The _Chamberlain v.
       | Skylink_ case in the court of appeals for the Federal Circuit
       | (which is binding in all other federal courts) established that
       | the prohibitions can 't apply to software the user is already
       | entitled to use. The Court put it this way:
       | 
       | "Consumers who purchase a product containing a copy of embedded
       | software have the inherent legal right to use that copy of the
       | software."
        
       | mcpackieh wrote:
       | McDonalds employees pretty consistently can't even get "no
       | pickles" right. Does it really surprise people if McDonalds corp
       | wants all dairy machine maintenance done by actual professionals
       | instead of overworked/disinterested/whatever/etc teenagers?
       | 
       | If Taylor were scamming McDonalds, or were bribing somebody in
       | McDonalds corp to go along with it, McDonalds corp lawyers would
       | be crawling all over them. That evidently isn't happening, so it
       | seems safe to assume that Taylor is doing exactly what McDonalds
       | corp thinks they should be doing. If a burger shop proprietor
       | doesn't like this, they're free to open their own burger shop
       | without a McDonalds franchise. It shouldn't be hard for them to
       | sell a superior product, but they'd lose access to McDonald's
       | reputation. And protecting that reputation is probably the entire
       | point of this ice-cream machine drama.
        
         | greedo wrote:
         | Exactly!
         | 
         | I remember one night closing our store. I was 16, and the dude
         | in charge of cleaning the shake machine and the sundae machine
         | was a bit of a stoner. Back in the day all the cleaning was
         | manual (1982). So the dude would pull out all of the frozen
         | shake mix, then run a soapy water mix through it, then a
         | sanitizer rinse. Took some time, and closing was always a rush.
         | 
         | So he either forgot or decided to skip the sanitizer rinse.
         | 
         | Now if you put soap in dairy products, you end up giving people
         | diarrhea. So a few days later we got a lot of complaints and
         | the guy ended up being fired. He was dumb enough to joke about
         | it.
         | 
         | It's not like it was his career; he was 18 and headed to
         | college somewhere. For $2.10/hour, that's what you got. If the
         | manager didn't doublecheck everything, stuff like this
         | happened.
         | 
         | McDonalds tech is designed around the following principle;
         | "Imagine how stupid the average person is, then realize half of
         | all people are stupider than that."
        
         | galleywest200 wrote:
         | > Does it really surprise people if McDonalds corp wants all
         | dairy machine maintenance done by actual professionals instead
         | of overworked/disinterested/whatever/etc teenagers?
         | 
         | Why not a third-party professional technician that does not
         | charge $300 for 15 minutes of field repair? Additionally, the
         | video points out that the error codes are purposefully obtuse.
         | At the very least we could require these be clear so anybody
         | could understand what the code meant.
        
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