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
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.
FR Tech Bump List
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.
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.
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.
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
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.
It makes sense although I am accumluating a lot of printers.
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.
Just cut open an OEM HP ink jet cartridge and see what is in it, mostly foam.
Bushy, don't count me amount the "hystericals" regarding the DMCA. Or just about anything else for that matter:)
Well not quite, because the ink cartridges that come with the printer are only like 1/4 full.
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.
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