McDonald’s Ice Cream Machines May Be About to Get a Makeover
McDonald’s often maligned, seemingly perennially-broken ice cream machines could soon become a thing of the past.
US Copyright Office Grants Exemption for Repair of Ice Cream Machines
On October 25, the United States Copyright Office granted a copyright exemption that gives restaurants like McDonald’s the "right to repair" broken machines by circumventing digital locks that prevent them from being fixed by anyone other than its manufacturer.
A Brief History of McDonald’s Ice Cream Machines
The Golden Arches’ vanilla cones, sundaes and McFlurries are all made in machines from Taylor Company, as they have been for nearly 70 years. Back in 1956, future McDonald’s CEO Ray Kroc made a handshake agreement with Taylor to supply milkshake machines as McDonald’s exclusive supplier.
The Copyright Issue
The Taylor company holds a copyright on its machines, and in the past, that has meant that if one broke, only its repair people were legally allowed to fix it, according to a 2021 Wired article. This is due to the Digital Millennium Copyright Act (DMCA), a 1998 law that criminalizes making or using technology, devices or services that circumvent the control access of copyrighted works.
The Problem with Broken Machines
In 2020, amid public outcry about broken machines, a developer created the "McBroken" map, a website that uses data from the McDonald’s app to show where ice cream products are "currently unavailable" to give real-time updates on which McDonald’s ice cream machines are working. As of October 29, McBroken reports that 14.72% of McDonald’s stores are not currently selling ice cream.
McDonald’s Response
In July, McDonald’s USA told TODAY.com that sales data from the past few years has shown its ice cream machines are up and running around 95% of the time across the country, depending on location.
The Future of Ice Cream Machine Repair
The exemption granted by the United States Copyright Office went into effect on October 28 and was jointly petitioned for by repair-focused website iFixIt and advocacy group Public Knowledge. In 2023, iFixit documented its teardown of McDonald’s machines and said it spat out multiple "nonsensical, counterintuitive, and seemingly random" error codes, but it couldn’t do anything to repair it.
Conclusion
The Copyright Office’s decision will lead to an "overdue shake-up of the commercial food prep industry," says Meredith Rose, senior policy counsel at Public Knowledge. While the exemption is a step in the right direction, it’s still illegal to sell or traffic in the digital lockpicks that allow people to fix these machines. Congress needs to legalize the tools so that people can actually take advantage of these exemptions.
Frequently Asked Questions
Q: What does the exemption mean for McDonald’s ice cream machines?
A: The exemption allows third parties to bypass digital locks on McDonald’s ice cream machines for repairs.
Q: What is the current state of broken ice cream machines?
A: According to McBroken, 14.72% of McDonald’s stores are not currently selling ice cream.
Q: How often do McDonald’s ice cream machines break down?
A: According to McDonald’s USA, its ice cream machines are up and running around 95% of the time across the country, depending on location.
Q: What is the Digital Millennium Copyright Act (DMCA)?
A: The DMCA is a 1998 law that criminalizes making or using technology, devices or services that circumvent the control access of copyrighted works.
