The Blubber

McDonald’s frequently maligned and often-broken ice cream machines could soon see a change.

On Oct. 25, the U.S. Copyright Office granted an exemption allowing restaurants, including McDonald's, the “right to repair” by bypassing digital locks that previously restricted repairs to the manufacturer only.

The familiar cones, sundaes, and McFlurries served at McDonald's are all made in Taylor Company machines, as has been the case for nearly 70 years. This partnership traces back to 1956 when future McDonald's CEO Ray Kroc struck a handshake deal with Taylor to supply milkshake machines exclusively.

Taylor’s machines have been covered by copyright, meaning only Taylor’s authorized repair teams were legally permitted to work on them. This restriction is a result of the Digital Millennium Copyright Act (DMCA), a 1998 law that bans bypassing control access to copyrighted works.

In 2020, amidst public frustration over broken machines, a developer launched the “McBroken” map, a site that pulls data from McDonald’s app to show where ice cream products are “currently unavailable.” As of Oct. 29, McBroken shows that 14.72% of U.S. McDonald’s locations are not selling ice cream.

McDonald’s previously stated that its machines are operational around 95% of the time, though this varies by location. In 2018, an app called Kytch was designed to help restaurant owners address machine glitches without needing a technician. However, in 2021, McDonald’s warned franchisees that Kytch could pose safety risks to workers.

The exemption granted by the Copyright Office took effect on Oct. 28 and was the result of a joint petition by repair-focused website iFixIt and advocacy group Public Knowledge. In 2023, iFixIt reported on its efforts to repair McDonald’s machines, noting the machines displayed numerous confusing error codes but couldn’t be fixed due to copyright restrictions.

The U.S. Department of Justice Antitrust Division and the Federal Trade Commission both supported the petition.

Though not fully approved, the request resulted in an exemption for retail-level commercial food equipment, allowing third parties to bypass digital locks for repairs.

Meredith Rose, senior policy counsel at Public Knowledge, said this decision will bring an “overdue shake-up” to the food prep industry.

“There’s nothing vanilla about this victory,” Rose said in a statement, predicting a surge in third-party repair efforts that will help businesses better serve their customers.

Rose noted, however, that it remains illegal to sell or distribute digital lockpicking tools needed for these repairs.