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Kluthe, for example, uses pig manure to power his tractor, which requires engine modifications that would likely violate John Deere's terms of service on newer machines. John Deere sold farmers their tractors, but has used software to maintain control of every aspect of its use after the sale. Their claims to control equipment post-purchase are inconsistent with all aspects of ownership including accounting, taxation, and transfer of products into the secondary market.' 'Deere is a monopolist and has systematically taken over the role of equipment owner, despite having been paid fairly and fully for equipment.

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'They require buyers to accept an End User License Agreement that disallows all of the activities they say are allowed in their statement,' she said. Gay Gordon-Byrne, executive director of, a trade organization fighting for right-to-repair legislation, told me that John Deere's statement is 'total crap,' and noted that 'some of our members have repeatedly attempted to buy the diagnostics that are referenced and been rebuffed.' 'As a result, allowing unqualified individuals to modify equipment software can endanger machine performance, in addition to Deere customers, dealers and others, resulting in equipment that no longer complies with industry and safety/environmental regulations.' 'Software modifications increase the risk that equipment will not function as designed,' the company continued.

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The customer also has the ability through operator and service manuals and other resources to enable operational, maintenance, service and diagnostics activities to repair and maintain equipment.' 'As the owner, he or she has the ability to maintain and repair the equipment.

'When a customer buys John Deere equipment, he or she owns the equipment,' the company said. I asked John Deere specifically about the fact that a software black market has cropped up for its tractors, but the company instead said that there are no repair problems for John Deere customers. Violation of the agreement would be considered a breach of contract rather than a federal copyright violation, meaning John Deere would have to sue its own customers if it wants the contract to be enforced. It's no surprise, then, that John Deere started requiring farmers to sign licensing agreements around the time the exemption went into effect. 'Are we supposed to throw the tractor in the garbage, or what?'

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Whether the exemption allows for the downloading of cracked software is an unanswered question. This means modification of embedded software is legal long as it can still meet emission requirements. The exemption allows modification of 'computer programs that are contained in and control the functioning of a motorized land vehicle such as a personal automobile, commercial motor vehicle or mechanized agricultural vehicle … when circumvention is a necessary step undertaken by the authorized owner of the vehicle to allow the diagnosis, repair, or lawful modification of a vehicle function.' But in 2015, the Librarian of Congress approved an exemption to the Digital Millennium Copyright Act for land vehicles, which includes tractors. On its face, pirating such software would seem to be illegal.

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Deere charges $230, plus $130 an hour for a technician to drive out and plug a connector into their USB port to authorize the part.' 'You want to replace a transmission and you take it to an independent mechanic-he can put in the new transmission but the tractor can't drive out of the shop. 'If a farmer bought the tractor, he should be able to do whatever he wants with it,' Kevin Kenney, a farmer and right-to-repair advocate in Nebraska, told me. It means that only John Deere dealerships and 'authorized' repair shops can work on newer tractors. 'What you've got is technicians running around here with cracked Ukrainian John Deere software that they bought off the black market'Ī license agreement John Deere required farmers to sign in October forbids nearly all repair and modification to farming equipment, and prevents farmers from suing for 'crop loss, lost profits, loss of goodwill, loss of use of equipment … arising from the performance or non-performance of any aspect of the software.' The agreement applies to anyone who turns the key or otherwise uses a John Deere tractor with embedded software. The nightmare scenario, and a fear I heard expressed over and over again in talking with farmers, is that John Deere could remotely shut down a tractor and there wouldn't be anything a farmer could do about it.

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