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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

The United States Copyright Office has ruled in favour of Static Control Components, of Sanford, N.C., saying that its microchips do not contravene the Digital Millennium Copyright Act.

Lexmark International, the world's second-largest printer maker, had charged that SCC violated the act by making components for use in remanufactured laser printer toner cartridges. Among the components is a chip that mimics the behaviour of one made by Lexmark.

The ruling says that section 1201 of the DMCA allows aftermarket companies to develop software for the purpose of remanufacturing toner cartridges and printers.

SCC argued that Lexmark was trying to shield itself from competition by installing a chip on its toner cartridges to make it difficult for third-party manufacturers to make generic cartridges.

The decision says that SCC is entitled to sell replacement chips for use in used Lexmark toner cartridges.

The DMCA, passed in 1998, allows for review of new types of works that require an exemption for being able to circumvent a technology measure that would control access to a copyrighted work.

Lexmark filed its suit against SCC in December, 2002, saying the DMCA shields itself from competition from the remanufacturing industry.

SCC manufactures components for recovering empty printer cartridges, refurbishing the cartridges and reselling them.

In August, the North Carolina Legislature approved a measure that made the Lexmark Return Program, formerly called the Prebate program, unenforceable in North Carolina.

"We are examining the documents and devoting a large amount of time with our economists and attorneys to calculate the damages that we feel we are entitled to from Lexmark because of their serious misdeeds," SCC CEO Ed Swartz said about the ruling


TOPICS: Business/Economy; Extended News; Government; News/Current Events; Technical
KEYWORDS: cartridges; copyright; dmca; good; lexmark; printer
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To: antiRepublicrat
I just KNEW there was a reason I never bought a LexMark printer.
21 posted on 10/29/2003 5:42:36 PM PST by mvpel
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To: antiRepublicrat
This is great. Now Apple needs to be brought to court. I would love to be able to buy an Apple clone or replace parts without taking out a second mortgage becuase you have to purchase from Apple. $600 to replace the logic board in a 17 inch powerbook!!!!
22 posted on 10/30/2003 3:53:10 AM PST by milan
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To: Rodney King
Yeah, I bought a HP deskjet 3320 for less than $30 bucks. Instead of buying a new toner cartridge, I may just start buying new printers :)

I'm serious.

23 posted on 10/30/2003 3:55:18 AM PST by milan
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To: antiRepublicrat
After seeing the headline, I was afraid that Lexmark might be suing the D.C. Comics label for coming up with a 'Lex' Luthor character.
24 posted on 10/30/2003 4:03:37 AM PST by Maurice Tift
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To: Fractal Trader
A good decision.
25 posted on 10/30/2003 4:36:15 AM PST by general_re ("I am Torgo. I take care of the place while the Master is away.")
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To: milan
$600 to replace the logic board in a 17 inch powerbook!!!!

That is likely their own invention covered by their own patents (board technology) and copyrights (the BIOS). They have a right to license their patents, or not. We've seen what a disaster it was to the company to license, so their business decision was to stop.

It's quite different from the Lexmark case. A similarity would be if Apple designed their system to only write DVDs bought from them because of a part of their system that recognized only blank Apple DVDs. This decision says that such an action can be legally circumvented.

I think one of the funniest examples of abuse was the Agfa incident. True Type fonts have a bit in them that programs honor in whether to embed that font in a file or not. A font designer found that his designing application was always setting the bit to "don't embed" which he didn't want, so he wrote a program that quickly sets the bits on fonts to allow embedding.

Then he got a cease and desist order from Agfa (which sells fonts, mostly with the bit set to "do not embed") for distributing his program. The considered the bit to be copyright protection, and the program to be a circumvention device. Several letters later, with this smart guy knowing the law, they seem to have stopped harrassing him. But they had seemed to stop once before. All they need to do is take this case to court to ruin the guy financially.

26 posted on 10/30/2003 8:19:09 AM PST by antiRepublicrat
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To: antiRepublicrat
A similarity would be if Apple designed their system to only write DVDs bought from them because of a part of their system that recognized only blank Apple DVDs.

Try installing a DVD/RW drive into a G4 that wasn't bought from Apple. Their software will not run on it.

I disagree with you on the patent and BIOS issues. There is no reason that another company cannot make replacement boards with different chipsets...look at PCs. Apple cuts them off at the legs every time it happens. Do you remeber the clone processor producer that was taken to court by Apple...and what about the teenager? who was making apple clones. He ended up in court too.

Apple has some issues and they aren't patent or BIOS issues. They don't want to let anyone, except who they choose, develop for the Mac.

27 posted on 10/30/2003 12:55:15 PM PST by milan
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To: milan
Try installing a DVD/RW drive into a G4 that wasn't bought from Apple. Their software will not run on it.

IIRC, there are some reverse-engineers for that. Apple has always been litigation happy. But for board designs, the PC revolution started when Compaq reverse-engineered the PC chipset. Since then, there's been a general culture of interoperability and open standards, although Intel was suing people over P4 motherboard clones.

A lot of work goes into inventing these systems, and it is a reasonable thing to not let people copy your work without royalties, or not copy at all. Lexmark didn't invent anything that had been copied, just someone figured out out to fake authentication with the printer and they didn't like that.

Apple has some issues and they aren't patent or BIOS issues. They don't want to let anyone, except who they choose, develop for the Mac.

Because they don't want the fragmented "plug and pray" that you get in the PC world. Losing control over Mac components would seriously degrade the quality inherent in a Mac system. If you don't like it, you can just vote with your pocketbook and not buy Mac. You can, of course, do anything you want externally with Firewire and USB.

And I say all this being generally a build-it-yourself PC person. I just understand the Mac point.

28 posted on 10/30/2003 1:09:40 PM PST by antiRepublicrat
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To: isthisnickcool
Denouncing people as "hysterical" is a lot easier than making an actual argument (infinitely easier in the case of someone who is simply incapable of the latter).
29 posted on 10/31/2003 7:50:14 AM PST by steve-b
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To: steve-b
I don't have a clue what Bushy is talking about. But that's nothing new:)
30 posted on 10/31/2003 7:55:19 AM PST by isthisnickcool (Guns!)
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