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Copyright officials rule against Lexmark
The Globe and Mail ^
| Oct. 29, 2003
| JACK KAPICA
Posted on 10/29/2003 2:11:13 PM PST by antiRepublicrat
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Why this is important to you.
Yes, it does mean you can still get cheap toner cartridges, but it has farther-reaching implications. This was one of several examples of a company trying to use the DMCA to stop free-market competition or to erode various rights of the people. Hopefully judgements like this one will dissuade other companies from using the poorly-written DMCA against our interests yet again.
To: antiRepublicrat
YES!!!!
To: isthisnickcool
Again, DMCA has a limited reach. And the hystericals among us are going to have to get a grip...
3
posted on
10/29/2003 2:16:00 PM PST
by
Bush2000
To: antiRepublicrat; Dominic Harr; chance33_98; rdb3; ShadowAce; HAL9000; NormsRevenge; Timesink; ...
An important ruling on the reach of the DMCA. A great victory for consumers. What is your take on this major decision?
FR Tech Bump List
4
posted on
10/29/2003 2:18:37 PM PST
by
Fractal Trader
(Free Republic Energized - - The power of Intelligence on the Internet! Checked by Correkt Spel (TM))
To: antiRepublicrat
It has been really clear for some time that Lexmark along with others is running a type of scam. Sellig the printers at cost or maybe even less than cost then making you pay through the nose for ink.
It may not be legally the same as "bait and switch" but morally it is.
Right now Walmart is selling a printer for $28 which includes an ink cartridge, the cartridge by itself sells for more than that.
5
posted on
10/29/2003 2:21:26 PM PST
by
yarddog
To: Bush2000
Again, DMCA has a limited reach. Pretty much unlimited into our pocketbooks. Luckily SCC had the money to defend themselves, although I'm sure it's going to hit their profit margins. Most of the rest of us can't afford a DMCA suit for doing something as simple as, say, watching a Region 2 DVD that we bought or skipping the commercials on a DVD.
To: yarddog
Sellig the printers at cost or maybe even less than cost then making you pay through the nose for ink. It's simply the business model that they chose. What is unsupportable is that when they found out their business model couldn't survive the free market, they used the DMCA cudgel to try to support it with.
To: yarddog
"Right now Walmart is selling a printer for $28 which includes an ink cartridge, the cartridge by itself sells for more than that." The rub CAN be that the cart in the printer when you buy it might not be FULL. Some here have reported this scheme.
I've got to say that my experiences with "generic" ink carts hasn't been zackly sterling. I bought two black carts for the same price as one Epson cart. Each cart lasted half as long as the Epson. Perhaps it was the supplier, and that WAS a couple of years back.
Anyone have really good luck with generic carts? Where did you get them?
Michael
8
posted on
10/29/2003 2:28:12 PM PST
by
Wright is right!
(Never get excited about ANYTHING by the way it looks from behind.)
To: antiRepublicrat
The problem I have with the whole thing is it runs counter to what I perceive as free market.
They are attempting to sell something, "ink" which I suspect costs almost nothing to make at an extreme profit. They attempt to do it, as you say by keeping anyone else from supplying ink for their printers.
It is a simple case of trying to have a mini monopoly.
9
posted on
10/29/2003 2:31:23 PM PST
by
yarddog
To: Wright is right!
I have heard the stories about short-filled ink cartridges too and it makes sense, but I personally have not come across it. I have now accumulated about a dozen printers by purchasing ones such as a Lexmard 605 with two cartridges for much less than the two cartridges sell for separately.
It makes sense although I am accumluating a lot of printers.
10
posted on
10/29/2003 2:35:15 PM PST
by
yarddog
To: yarddog
It may not be legally the same as "bait and switch" but morally it is.Totally legal, and the idea is as old as the hills. It's called the "Gillette Model", because they invented it: Sell the razor at cost, at a loss, or even give it away free, because it will guarantee you a permanent customer for your expensive blades.
11
posted on
10/29/2003 2:48:05 PM PST
by
Timesink
To: yarddog
I have heard the stories about short-filled ink cartridges too and it makes sense, but I personally have not come across it Just cut open an OEM HP ink jet cartridge and see what is in it, mostly foam.
12
posted on
10/29/2003 2:51:20 PM PST
by
itsahoot
(The lesser of two evils, is evil still...Alan Keyes)
To: antiRepublicrat
YES!
13
posted on
10/29/2003 2:52:44 PM PST
by
Chancellor Palpatine
(Dr. Hasslein was the only human character who had any sense in the "Apes" series)
To: Bush2000
And the hystericals among us are going to have to get a grip...
Bushy, don't count me amount the "hystericals" regarding the DMCA. Or just about anything else for that matter:)
To: yarddog
Right now Walmart is selling a printer for $28 which includes an ink cartridge, the cartridge by itself sells for more than that. Well not quite, because the ink cartridges that come with the printer are only like 1/4 full.
15
posted on
10/29/2003 2:56:06 PM PST
by
Rodney King
(No, we can't all just get along.)
To: antiRepublicrat
So is this administrative ruling "it" -- or can Lexmark still sue in Federal court to try to overturn it?
To: yarddog
The other scam is that the printer uses the color cartridge for some of its black and white work. I have the cheap Lexmark that is also a fax and a copier. On this one, it uses the color cartridge to print regular black text on envelopes. I found this out when the color cartridge emptied out and I couldn't print envelopes even though my B&W cartridge was fine.
17
posted on
10/29/2003 3:06:41 PM PST
by
Rodney King
(No, we can't all just get along.)
To: HiTech RedNeck
So is this administrative ruling "it" -- or can Lexmark still sue in Federal court to try to overturn it? I'm not sure. The Copyright Office, along with the Library of Congress, are given a lot of power in interpreting how the DMCA may affect commerce and technology, and to make exceptions. Congress defers quite a bit to them. Lexmark could probably appeal, but I don't think it will go anywhere.
To: Bush2000
It's eggzakly what Microsoft is doing with its products: give away the operating system (I bought my XP Pro in Thailand for $3!) and then charge for the upgrades. A perfectly legal business model.
To: Revolting cat!
"I bought my XP Pro in Thailand for $3!"
You can buy most any software in Thailand for less then $3 per COPY.
I bought plenty of it in Bangkok in late 1999.
They ignore copyright law.
20
posted on
10/29/2003 4:38:08 PM PST
by
AlexW
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