This chapter outlines the sophisticated array of strategies and techniques that today’s device makers have developed to discourage and obstruct repair. Firms rely on product design, economic manipulation, and consumer persuasion to steer us away from repair and keep us buying new devices year after year. They use hardware and software design to erect practical barriers to repair. They charge unnecessarily high prices for repair or refuse to fix products at all. At the same time, they deny independent repair providers access to parts and tools necessary to meet consumer demand. And through subtle and explicit messaging, they discourage consumers from even attempting repairs.

Chapter 10 takes a broader look at IP protection as an incentive to innovate. Patent protection gaps brought about by 3D printing technology must be viewed in conjunction with how the technology dramatically lowers the costs of innovation (and imitation) for 3D printable goods. Moreover, although patents serve as a primary incentive to innovate, they are not the only incentive. The chapter looks at other IP rights, contracts, and extra-legal appropriability mechanisms, as well as nonmonetary incentives to innovate, to determine how the IP regime should respond to 3D printing technology. I describe the need for a better empirical understanding of 3D printing’s effects on innovation incentives, but I argue that current evidence does not suggest a need for stronger IP incentives for 3D printable goods. Therefore, radical changes to patent law are not necessary even in the face of de facto weakened patents. In addition, because copyright protection is not needed as an extra incentive for utilitarian innovation, copyright law should not protect DMFs of primarily utilitarian objects.

To an extent that nobody else has managed, the copyright industries have been able to bake protection for their rights into the very infrastructure of the internet. The challenge of limiting illicit file sharing is similar to many of the other difficult issues – like addressing offensive content, removing defamatory posts, or limiting the flow of misinformation – in internet regulation. How do you control what users do online without directly going after individual users? Legal actions against individuals are expensive; they only really make sense in high value cases. Changing the behavior of many individuals on a large scale is much more difficult, whether it’s users sharing copyrighted music and films or people using the internet to harass others. Any effective answer has to involve technology companies and internet intermediaries in some way, because they have the power to influence large numbers of users through their design choices and policies.

In August 2017, several hundred white nationalists marched on the small university town of Charlottesville, Virginia. The rally turned tragic when one of the protesters rammed his car into a crowd of counterprotesters, killing 32-year-old Heather Heyer. The Washington Post characterized the protesters as “a meticulously organized, well-coordinated and heavily armed company of white nationalists.”1