Norway Supreme Court Signs Off On Apple's Harassment Of An Independent Repair Shop

from the do-not-pass-go,-do-not-collect-$200 dept

Apple has never looked too kindly upon users actually repairing their own devices. The company's ham-fisted efforts to shut down, sue, or otherwise imperil third-party repair shops are legendary. As are the company's efforts to force recycling shops to shred Apple products (so they can't be refurbished and re-used). As is Apple's often comical attacks on essential right to repair legislation, which only sprung up after companies like Apple, Microsoft, Sony, John Deere, and others created a grass-roots "right to repair" counter movement via their attempts to monopolize repair.

Since 2017 or so, Apple has been harassing the owner of an independent repair shop in Norway named Henrik Huseby. After Norway customs officials seized a shipment of 63 iPhone 6 and 6S refurbished, replacement screens on their way to Huseby's repair shop, Apple threatened to sue the store owner unless they agreed to stop using aftermarket screens and pay a hefty settlement. Huseby decided to fight the case, and despite being out-manned five Apple lawyers to one, managed to win in 2018. At least initially.

Apple then took its complaint to Norway's Court of Appeals, claiming that the refurbished parts used by Huseby "unlawfully appropriated Apple's trademark." The appeals court ruled in Apple's favor, and this week, the Norway Supreme Court upheld that decision (pdf). Needless to say, the US and overseas right to repair movement isn't particularly impressed by the court sanctioned bullying of a small business owner:

Apple has continually tried to claim that Huseby was importing "counterfeit" iPhone screens. Huseby, in turn, states he's simply using refurbished screens, and at no point has tried to even advertise them as "genuine" replacement parts from Apple. Again, while Apple engages in a lot of rhetoric to the contrary, the motivation here is to abuse copyright to monopolize and drive up the cost of repair:

"Apple uses copyright law as a “weapon” by putting multiple logos and QR-codes on each component part of its screens, knowing that the Chinese grey market will not specifically cater to repairers in other countries that zealously enforce copyright. This creates a kind of “roulette” for repairers who want to import affordable, refurbished parts from China. Apple can then ask customs authorities in these countries to seize refurbished parts shipments.

Meanwhile, Apple refuses to sell genuine spare parts to independent repairers in Europe. So they have a choice: buy either inferior generic parts or refurbished or after-market parts, like the kind Huseby bought.

While the company has made some caveat-laden concessions, the company continues to fiercely lobby against right to repair laws in 18 states around the United States, all of which require hardware vendors like Apple sell replacement parts and repair tools to the general public and independent repair companies. And ironically, the harder Apple and other companies fight against this trend, the more support they drive support toward these right to repair bills.

Filed Under: aftermarket, diy, henrik huseby, norway, ownership, refurbishment, right to repair, trademark
Companies: apple