The Digital Ownership and Fair Repair Act

Recognizing that true ownership implies the right to modify, repair, and maintain one's property; Refusing a future of planned obsolescence where devices are designed to become e-waste; Hereby establishes the universal right to repair as a fundamental consumer protection and environmental necessity.

Art. 1.

1. Scope of Application: This Act applies to Original Equipment Manufacturers (OEMs) of consumer electronics, agricultural machinery, medical equipment, and motor vehicles sold or used within the jurisdiction.

2. "Non-Discriminatory Pricing": Spare parts and tools must be made available to independent repair providers and consumers at prices not exceeding the net cost offered to authorized service networks, plus a reasonable administrative and logistics margin (not exceeding 15%).

3. "Part Pairing" (Serialization): The practice of using software to identify component serial numbers and artificially degrading functionality or displaying persistent warnings when a component is replaced with a functional equivalent.

Art. 2.

1. Universal Access to Documentation: OEMs must make diagnostic, maintenance, and repair documentation (including schematic diagrams and software flash files) available to independent repair providers and device owners free of charge or at the minimal cost of reproduction.

2. Access to Tools and Parts: OEMs must offer for sale to independent providers and owners all spare parts and special tools required to repair the product, including diagnostic software.

3. Security Override & Exception:

a) OEMs must provide a mechanism for independent shops to perform component authorization (pairing) locally.

b) Biometric Exception: For components critical to user security (e.g., FaceID modules, Vehicle Immobilizers), the OEM may require a secure remote authorization via an automated API instead of a local tool, provided this service is available 24/7 and does not impose unreasonable delays or fees.

Art. 3.

1. Ban on Part Pairing: It is strictly prohibited to design products where the replacement of a component with an authentic or functional third-party equivalent results in:

a) Reduced functionality of the device;

b) Persistent, non-dismissible warning messages;

c) A software lock preventing the device from booting.

2. Reset Functionality: OEMs must provide a standalone software tool to reset the serialization pairing of replaced components (e.g., "marrying" a new transmission to a tractor's ECU) accessible to the owner.

Art. 4.

1. Non-Voidable Warranty: The use of independent repair services or non-OEM parts cannot void the manufacturer's warranty on the original device, unless the OEM can prove via technical evidence that the specific third-party repair caused the defect in question.

2. Design for Repairability: The use of permanent adhesives (glue) as the primary method of fastening consumable components (batteries, screens) is prohibited unless strictly necessary for water resistance standards, in which case a safe solvent removal method must be documented.

3. Abandonware Protection (Escrow): If an OEM ceases to supply parts or software updates for a product:

a) They must release the diagnostic software and firmware binaries necessary for the device's continued operation under a restricted "Maintenance License" to registered independent repair entities.

b) Security Exception: This obligation excludes valid cryptographic signing keys, banking protocols, or proprietary source code unrelated to basic hardware functionality.

c) Verification of Utility: The released materials must be functionally complete and non-obfuscated. Providing corrupted, incomplete, or artificially restricted files constitutes a violation of this Act subject to maximum penalties.

Art. 5.

1. Regulatory Authority: The National Consumer Protection Authority (or equivalent market surveillance body designated by national law) is designated as the primary enforcer of this Act.

2. Proportional Penalties: Violations of this Act are subject to administrative fines ranging from 0.5% to 5% of the OEM's annual national revenue, graded according to the severity, duration, and recurrence of the infringement.

3. Private Right of Action: Consumers and independent repair shops have the right to sue OEMs for damages and injunctive relief if access to repair materials is unlawfully denied.

EXPLANATORY MEMORANDUM (EXPOSÉ)

1. THE PROBLEM

We face a crisis of "monopolized ownership." Manufacturers have created a system where buying a product does not transfer full control to the buyer. Through "Part Pairing" and software locks, dominant technology conglomerates dictate who can fix a device and at what price. This results in functional electronics being discarded simply because a repair is artificially made more expensive than buying new.

2. THE OBJECTIVE

This Act restores the ancient common-law principle of property: if you bought it, you own it. It breaks the repair monopoly by mandating equal access to the tools and data necessary to fix our modern infrastructure.

3. ENVIRONMENTAL & ECONOMIC IMPACT

By extending the lifespan of devices, we drastically reduce the carbon footprint associated with manufacturing. Economically, this empowers a decentralized market of thousands of local repair businesses, keeping money in local communities rather than funneling it to centralized corporate service centers.