Iowa Farm Law | Adapting with the times or Adapting to Corporate America?

Pat Dillon

Customizing tractors and other farm equipment is not a new idea, infact with some farm operators it is as common as free seed corn caps. I have a Farmall C with a “reverse kit” installed so you face the traditional “rear” of the tractor. Then, a forklift mast was installed. International Harvester company didn’t do that, a short line manufacturer saw a need and met it. I remember my Dad taking the frame of a Massey Harris pull type 72 combine and making into a trailer to haul a D4 Bulldozer and taken the grain head and fabricating a grain cleaner from it.

Now, the tinkering and tweaking extends to the electronic components of the equipment. Chips are available to deregulate horsepower controls, wiring harnesses and programs can be uploaded to equipment in an attempt to make on manufacture’s electronics “talk” to another. The manufactures install Technology Protection Measures or TPM to prevent this tinkering. This reminds me of the manufactures making their hydraulic systems incompatible with one another, which you can still find traces of with Pioneer adaptors on IH tractors.

Over the last twenty years manufacturers have used the 1998 Digital Millennium Copyright Act to assert that buyers have permission (aka a license) to use software that in the equipment sold and that permission doesn’t include the right to tinker with the software. This month U.S. Copyright Office is supposed to rule to clarify how much of piece of equipment’s soft ware you can modify. As it stands, the manufacturers have the law on their side and 120 years of protection from modification of the software. From the on board navigation system in your new SUV to the GPS and the electrical harness of your tractor, this ruling will have a broad impact. However, just like the Waters of the United States rule, the “clarification” is likely going to mean more money for patent lawyers and more gray areas. And gray areas slow innovation and new ideas as lawyers file briefs and motions.

GM, Deere, and others are claiming that without the rules being interpreted their way, they would suffer economic loss through pirating of hard work and research they put into the product, as well increased risk of responsibly in the event of an accident, increased emissions, or poor performance. But 120 years of protection seems along time. Mr

About Us

Dillon Law focuses on providing quick response to client's needs with staff who understand the agricultural climate in which we live. This firm is a general practice firm, including but not limited to Agricultural Law, Criminal Law, Debt Collection, Wills/ Probate and Estate Planning, Tax Preparation, Real Estate, Bankruptcy.

Patrick B. Dillon

pat dillon

PATRICK B. DILLON

Patrick B. Dillon enjoys finding solutions to legal issues and catching problems for clients. Pat practices in the Sumner office regularly represents clients in district, associate district and magistrate courts for agricultural, real estate, criminal and collection issues. He drafts wills and trusts, creates estate plans and helps clients through the probate process.

Jill Dillon

Jill Dillon profile 3 2024

JILL DILLON

Jill is a University of Northern Iowa undergraduate (Political Science Cum Laude) and a Drake University Law School graduate. Jill is a firm owner but not currently accepting private pay clients. Jill still has ties to her family farm operation which includes a dairy herd.

Tori Beyer

Tori Beyer - profile 2024

TORI BEYER

Tori is a University of Iowa undergraduate where she double majored in Criminology, Justice, and Law and Ethics and Public Policy and a North Dakota Law School graduate. Tori practices in the Sumner office. Tori's areas of practice include but are not limited to estate planning, wills/probate, criminal defense, and civil litigation.

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