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Could a New Federal Rule Help Fix McDonald’s Ice Cream Machines Faster?

A federal copyright exemption may widen repair options for some restaurant soft-serve machines. It does not guarantee parts or faster repairs, and post-rule uptime results have not been established.

By Bettesworth Construction Team 3 min read
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A federal copyright rule adopted in October 2024 makes it legally possible, in specific circumstances, to bypass software locks on certain restaurant food-preparation equipment for diagnosis, maintenance or repair. That may give McDonald’s restaurants more repair options for soft-serve machines, but it does not guarantee access to parts, diagnostic tools or technicians—and no reviewed source establishes that repairs have become faster or machines more available since the rule took effect.

What the federal rule allows

The exemption is part of the Digital Millennium Copyright Act’s Section 1201 rulemaking. The Librarian of Congress adopted the Register of Copyrights’ recommendation in October 2024, and the exemption is now codified at 37 CFR 201.40(b)(16). The Copyright Office said the Librarian adopted the recommendation in full in its October 25, 2024 notice.

In practical terms, qualifying users or repairers may circumvent a technological protection on lawfully acquired retail-level commercial food-preparation equipment when the circumvention is necessary for diagnosis, maintenance or repair. The regulation defines maintenance as servicing equipment so it works according to its original specifications and authorized changes; repair means restoring it to that working state.

The exemption is limited. It does not permit circumvention to gain access to other copyrighted works, and it does not cover every kind of commercial or industrial machinery. The Copyright Office’s recommendation discussed soft-serve machines and certain software-enabled ovens and refrigerators used in retail or restaurant settings, while excluding industrial-scale food-preparation equipment. See the Copyright Office’s 2024 recommendation for its analysis.

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Why soft-serve machines became part of the debate

Some soft-serve machines use diagnostic error codes and software access protected by passcodes or proprietary diagnostic tools. The Copyright Office’s recommendation said such restrictions, together with concerns about possible litigation for circumvention, could inhibit repair-related work. The exemption removes a copyright anti-circumvention obstacle in the covered circumstances; it does not settle every question about who can access a particular machine or perform a repair.

The recommendation also recounts litigation involving a circumvention tool in the soft-serve machine dispute. That history should not be read as blanket permission to make, sell or distribute circumvention devices. The exemption concerns qualifying repair activity, and the Copyright Office’s analysis distinguishes that from trafficking in tools.

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What the rule does not guarantee

This is a narrow copyright exemption, not a general right-to-repair mandate. It does not require equipment manufacturers to supply replacement parts, diagnostic equipment, passwords, service manuals or repair services. Nor does it certify technicians or guarantee that a restaurant, employee or independent repairer has the skills, parts, access or permissions needed to complete a specific job. Other applicable laws and contracts may also matter.

  • Legal eligibility: the equipment and purpose must fall within the regulation’s scope.
  • Repair resources: parts, know-how, tools and service access are not supplied by the exemption.
  • Results: faster repair, higher uptime and more menu availability require operational evidence; the rule itself does not establish those outcomes.

In a March 2024 comment, the FTC and DOJ supported repair-related exemptions, arguing that they could increase competition in parts, repair and maintenance markets and potentially make repairs easier or less costly for consumers and businesses. Those were the agencies’ policy arguments, not measured results from the McDonald’s-related exemption. The FTC summarized the joint position here.

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Are McDonald’s machines actually getting fixed faster?

There is no post-rule repair-speed or national uptime statistic in the cited sources. A February 9, 2024 Axios report—published before the exemption—quoted a McDonald’s spokesperson saying the company’s sales data showed its shake machines were running “around 95% of the time across the country, depending on the local restaurant.” The figure was company-reported, described performance over the preceding couple of years and was not an independent audit. It cannot show whether the 2024 rule changed repair times or availability. The report also quoted McDonald’s describing plans for additional crew training and regular maintenance check-ups; those plans likewise predated the rule. Axios reported the company’s statement on February 9, 2024.

A Scripps News explainer characterized the exemption as allowing restaurants to have other technicians repair machines and bypass digital locks that had prevented repair. That conveys the practical significance, but the regulation’s conditions define the legal scope. Whether the change has led to quicker repairs or fewer unavailable McFlurries has not been demonstrated by the sources cited here.

What customers and restaurant operators should take away

The rule could broaden the pool of people legally able to perform certain software-dependent repair tasks on covered food-preparation equipment. It does not itself fix a machine, require a manufacturer to cooperate or promise that a restaurant will have a working machine sooner. For customers, the sensible expectation is a possible change in repair options—not proof that broken machines are a thing of the past.

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