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Lexmark DMCA Case Winds On

The EFF filed a brief (brief, press release) in the ongoing case over Lexmark incorporating copyright-protected code in their printer cartridges in order to prevent competitors from producing compatible cartridges for their printers. The BBC notes some of the harmful effects of lack of competition in the industry.

31 of 353 comments (clear)

  1. Here's a thought... by H0NGK0NGPH00EY · · Score: 4, Insightful

    ...don't buy Lexmark printers? I mean, seriously, as long as Canon and HP et al aren't pulling these type of stunts, won't the market take care of this itself?

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    1. Re:Here's a thought... by Alcemenes · · Score: 2, Insightful

      My thoughts exactly. In my opinion Lexmark printers are junk anyway. I've never had a printer jam so often or crash Windows with such ease. They make throwaway printers.

    2. Re:Here's a thought... by Godin21 · · Score: 5, Insightful

      Except the average consumer doesn't know why they should care. Lexmark printers are cheap and often given away with a new PC. So why not take it? When it comes time to replace the cartridge and realize there is no other option besides the Lexmark ink, they will buy it anyway, because $32 is cheaper than $180 for a new HP printer. And next time they buy a computer, they will accept the free lexmark, complain about the lack of ink cartridge options, and proceed to allow their kids to print off banners of Spongebob Squarepants from Nickelodeon.com. The average user doesn't care, and if they do, don't know how to go about changing it. My guess is that the average user is lazy, and would rather spend twice as much on the ink instead of being bothered to educate themselves.

    3. Re:Here's a thought... by retto · · Score: 3, Insightful

      as long as Canon and HP et al aren't pulling these type of stunts, won't the market take care of this itself?

      And if Lexmark wins, what would stop the other manufacturers from doing the same thing Lexmark does? When things like the DMCA are created, it can upset the free market. A free market requires free choice if it is to weed out the 'bad' products from the 'good.'

    4. Re:Here's a thought... by chundo · · Score: 2, Insightful

      Most consumers (especially home users) aren't aware of this lawsuit. With corporate PR being what it is, sometimes we have to help the market take care of itself.

      Neither I nor my company have purchased Lexmark products since they brought up this ridiculous lawsuit, and I've written them letters to inform them of the fact. If you've made a decision to use other vendors, please let their management know about it. A boycott has no effect if they can blame it on a bad economy in order to stick with their current "strategy".

      -j

    5. Re:Here's a thought... by Lumpy · · Score: 2, Insightful

      Here's what I have been seeing.. and the average joe is tired of getting burned by these scumbag companies...

      Consumers are now shopping for printers based on the price of the ink cartridges first.. capabalities second...

      Why get sucked into the $39.00 printer when the cartridges for one year will cost you $300.00?

      Buy the $259.00 canon and spend only $60.00 this year on ink... buy a new printhead every 2 years if you abuse it.. I have a older canon that STILL prints perfectly on it's origional printhead from 5 years ago... and my black cartridge costs $9.00.. high capacity black is $13.00

      --
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    6. Re:Here's a thought... by gbjbaanb · · Score: 2, Insightful

      I second that. I bought a 4029 Laser about.. 8 years ago and it's stll going perfectly well. Never broke on me, even when I left it in storage for 2 years, it was right as rain when I brought it out.

      However, if you buy the cheapest of cheap inkjet printers.. what do you expect!?

    7. Re:Here's a thought... by slaida1 · · Score: 2, Insightful
      These chips aren't the solution for jamming problems. Lower ink cartridge prices are. If cartridges wouldn't be so expensive fewer people would bother themselves using old cartridges. What'd be even better, HP could clearly print expiration dates on their cartridges like there are ones on milk bottles.

      Got empty cartridge? No prob, fetch $3 and you get new one, it's just ink in a plastic can, after all.

      --
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  2. Completely Legal by Anonymous Coward · · Score: 5, Insightful

    Last time I checked there was no monopoly in the printer market. If Lexmark wants to keep it's design proprietary so be it. If Joe Consumer doesn't like it, buy another brand.

    1. Re:Completely Legal by rot26 · · Score: 5, Insightful

      That's a novel way to look at it. Ignore one crime as long as other people are abiding by the law? Maybe you could suggest that GM makes it so their cars look for RFI chips in the OEM tires so that it won't start if you don't buy them from a dealer.

      --



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    2. Re:Completely Legal by Deton8 · · Score: 5, Insightful

      The problem is that Joe Consumer visiting his local PC Slut retailer has no way to know what artificial restrictions Lexmark has placed on the ink refills, nor if it lies about when the cartridges are empty, nor if it deliberately rejects non-Lexmark cartridges. There certainly isn't any disclosure on the packaging. Now, I agree with the Libertarian thrust of your comments, but as long as we have consumer protection laws which require disclosure of material facts on the packaging, this ought to be fairly applied across the board. As an exercise for the reader, please propose suggested packaging disclosures for popular PC products such as Windows XP and Office...

    3. Re:Completely Legal by t0ny · · Score: 5, Insightful
      Its not about being a monopoly, its about squelching competition. The business model is currently 1) create junky printer, sell for cheap. 2) make tons of profit on the proprietary ink cartridges

      Now you have companies fighting to protect #2, at the expense of the customer. In a free market, if someone can do something better or cheaper (or both), they should be able to win out. But instead, companies are being allowed to litigate away any competition rather than allow market forces to decide.

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  3. Ink prices... by BJZQ8 · · Score: 4, Insightful

    Well there is competition between printer manufacturers, and I imagine that if ink was priced at the cost of production tomorrow (considering perfect competition) then their printer prices would go up. Sure it's expensive, but look at the printers...you can buy a printer that would have cost $1000 ten years ago for $80 now. Anyway, since when has the law cared anything about competition? I mean, if it did, then the lawsuits against file sharers would be tossed out instantly. File sharing is the only other means of distribution for most of these songs...

    1. Re:Ink prices... by Gabe+Garza · · Score: 2, Insightful
      Anyway, since when has the law cared anything about competition?

      Uh, since 1890, when the US Congress passed the Sherman Antitrust Act?

      I'll definately grant that printer prices (at least for the consumer models) would go up if ink went down. I think the question no-one is asking is: What's so bad about cheap printers and expensive ink? Most of the people I know who buy personal printers don't use them much--ink is a rare purchase. Over the lifetime of the printer, I wouldn't be surprised if the current pricing scheme saved them money (it's certainly saved me money).

      If you're going to be printing a lot, just pick up a used business-class printer. A decent laserjet isn't that expensive off of eBay.

  4. Re:Surely... by bert33 · · Score: 2, Insightful

    You say that as if the lawmakers don't want the rich to get richer and the poor to get poorer. Rich people = campaign contributions.

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  5. About time! by Kyouryuu · · Score: 5, Insightful
    All printer manufacturers do this, especially those that try to reel consumers in with a cheap printer and charge a fortune for the refills.

    The height of absurdity to me is the infamous HP example. On more than one occasion, I've walked into a store and learned that replacing my HP printer altogether was cheaper than buying ink cartridge refills. Compare, $25 for a B&W cartridge + $35 for a color cartridge = $60 total. Cost of that HP DeskJet on sale at Office Depot? $50, and you get an entirely new printer!

    No, this is completely wrong. Standards must be developed. Good, compatible knock-offs must be designed. While there is competition for printers themselves, there is no competition for the ink cartridges. Once a company ropes a customer into their printer, they'll milk them for all its worth.

  6. Warning labels by slusich · · Score: 5, Insightful

    They should be required to label these printers. Otherwise people will continue to buy them without realizing that they will never be able to buy a third party cartrige.

  7. Re:I agree with Lexmark by Marx_Mrvelous · · Score: 1, Insightful

    Nice troll! It would be super if we gave every major company a total monopoly, and we all had to pay extremely high costs to insure that we don't harm ourselves by buying an "inferior" product. Heavens, consumers *might* even start making their own purchasing decisions! Oh no!!!

    I hope you're a troll, and the person who wrote this comment sees how absurd it is.

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  8. The crux of the Western economy by doublem · · Score: 4, Insightful

    My guess is that the average user is lazy, and would rather spend twice as much on the ink instead of being bothered to educate themselves.

    Thank you very much. You just revealed the deep, dark secret of the Western Economy. All the work "they" have done to keep it secret and you went and blew the cover.

    Most people are dumb, and want to stay dumb. If you make it easy for them to stay dumb, they will pay you money for it.

    This has the benefit of making sure they never have enough money to move out of the middle class.

    --
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    1. Re:The crux of the Western economy by Anonymous Coward · · Score: 1, Insightful
      Most people are dumb, and want to stay dumb. If you make it easy for them to stay dumb, they will pay you money for it.
      No - most people have limited time, and are prepared to pay money to save time. Products which require a smaller investment of time to learn how to use are worth more.
    2. Re:The crux of the Western economy by srussell · · Score: 3, Insightful
      Most people are dumb, and want to stay dumb. If you make it easy for them to stay dumb, they will pay you money for it.

      I agree with you. Really, I do. I had a friend who was fond of adding the addendum that, if you assume that the average person is dumb, then it is implied that about 50% of them are even more stupid than that.

      However: do you know how to repair your car? How about the electrical wiring in your house? Your plumbing? Garbage disposal or washing machine? How about the central air, or the oil heater? If you do, then you're a better woman/man than I. If you don't then you are, by your own logic, dumb. You're paying someone else what are most probably obscene prices to fix something that you could easily fix yourself, if you simply weren't too lazy to go figure it out. A lot of these things aren't rocket science.

      That's me in a nutshell. Some things, I have enough interest in to invest the time to do research and make sure I have enough information to make an informed decision. For everything else, I choose that which is most convenient (within reason). I use telephones a lot, but I'd honestly rather spend the few hours it would take to research a new phone purchase doing something -- almost anything else. Heck, I paid someone to paint my house one summer, and I've painted houses before.

      However, this, in itself, is not sufficient to prove the theory that people are dumb, or even lazy. Myself, I rely on empirical evidence for proof of that.

    3. Re:The crux of the Western economy by starman97 · · Score: 2, Insightful

      Sometimes it's a matter of economics..
      I can do all of the things you listed and recently I have..
      However when things were good and I was billing 2000 hours a year, it was well worth the cost to pay someone else to do the work. Now that things are slow, I changed out the water heater myself, saved $300 in labor and markup and it's done right. Same goes for fixing the cars, did an inner tierod replacement and power steering pump replacement recently, it would have cost $1000 to have it done by a mechanic, but it cost me less than $300, and I fixed a few things screwed up by the last mechanic who worked on the car. (back when I was billing the big $$$)

      The same for ink carts, I tried filling HP carts on my Paintjet, saved some $$, but what a mess, now I just buy Canon printers and replace the tanks. I could refill them, but so far the hassle outweighs the savings. But I do save the empties just in case the economy gets worse and it becomes worth my while to refill Canon ink tanks.

      --
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    4. Re:The crux of the Western economy by MikeVx · · Score: 2, Insightful
      However: do you know how to repair your car? How about the electrical wiring in your house? Your plumbing? Garbage disposal or washing machine? How about the central air, or the oil heater?
      I make a point of understanding any technology that I depend on with any sort of regularity. True, I don't know how to repair everything I deal with, but I know enough to keep myself from getting taken by unethical repair outfits. I can swap out plugs, switches and sockets on the house electrics.

      Some things I do myself, some things I hire out, but I do make a point of knowing what is going on. The sad thing is, most people don't seem to bother. I'm not sure quite what to make of it all.

      Just paying attention can sometimes have a big pay-off. I once overheard some mechanics discussing a particular type of air filter for cars. The bit that got me was that I could avoid changing it out every few months, just clean it every other year or so. For me, that was enough savings to justify the purchase. The increased gas milage was a bonus.

      Maybe the problem is that ignorance in daily life is just not expensive enough.

      On printers, I learned to avoid re-cycled cartridges. The off-brands were fine if new. This is in lasers. I was just given a color ink jet to fiddle with. After all the various stories here on ink jet issues, I'll limit myself to color printing only on it. The laser can handle the rest.
      --
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  9. Blah blah blah by Anonymous Coward · · Score: 2, Insightful

    So many off-topic comments about inkjets. This case is all about TONER cartridges. Toner is used in laser printers--the kind at your office. Ink is used in inkjets--the kind that came with your Walmart PC. There are no chips in Lexmark's inkjet cartridges. What is at issue here are $200 toner cartridges for $3000 printers, not $40 inkjet cartridges for $40 printers. RTFA.

  10. Re:question by BenjyD · · Score: 2, Insightful

    Personally, I reckon the cheap laser printers (hp laserjet 1000, samsung izzy etc) are the best option unless you absolutely have to have colour. The initial cost is about the same, the print quality is better and the cost per page is lower.

    You can even pick up an old HP laserjet 4L of ebay for like £20. Give the paper rollers a clean and those things go on for ever.

  11. Re:The razor, razorblade model by Xzzy · · Score: 4, Insightful

    > However, to make it happen, all manufacturers will
    > have to charge more for printers and less for
    > cartridges. If even one player sticks with the old
    > model, that player will see all the gains.

    Unfortunatley, that's not how the US economy works. The only way to fix this sort problem is to let things get so bad that the companies involved go bankrupt, letting better run companies take thier place.

    Which, incidentialy, is why Lexmark is doing this stunt, to prevent going bankrupt. The profit margin has been cut so low by underselling printers that they can't afford to let people use generic brand cartridges. Even if the population that knows generic brands even exist is one or two percent of the total, that's a significant amount of money the company will lose.

    I think the "reform" will eventually happen naturally, the business model works well for cheap stuff like razorblades but for more expensive items the system is flawed.

    It could be hastened by government regulation, but I'm not sure getting the government involved is neccessarily a good idea.

  12. It seems to me.. by Eric(b0mb)Dennis · · Score: 4, Insightful

    That this would just make people buy those blasted ink-refill kits a lot more often than buying a generic cart...

    What's next, prosecuting with the DMCA for sticking a needle into the cart.. "Circumvention"

    Lexmark Exec: We need titanium casings

    Manufacturer: No problem, anything else?

    Lexmark Exec: How about special paper with DRM on it that the printer recognizes and only prints to?

    Manufacturer: Done

    --
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  13. Re:Here's a *better* thought... by molarmass192 · · Score: 2, Insightful

    institute the Gillete sales model

    Good point, I just paid $8 for 4 razor blades 2 days ago and they're pushing the "extra lube strip" model for almost $10 for 4. Now back to the topic ...

    I think of the printer biz like the video game console biz. There's zero margin on the printers and fat margins on the ink. They could chose to make $20 on the printer sale and not play the ink game -or- make $0 on the printer and $20 every 3 months on ink sales. The ink biz is where it's at, and if they can ensure a monopoly on ink for their hardware using the DMCA, it's not surprising that they would want to. My problem is not with the "sell the ink" approach, it's in trying to impose a monopoly on hardware you and I paid for and own.

    --

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  14. Reverse Engineering? by turm · · Score: 2, Insightful

    Excuse me if this is a stupid question. I couldn't find the answer anywhere...

    How does Lexmark know that Static Control made its interoperable chip thru legal means? Static Control could have just cracked the chip open, stuck it under a microscope and ripped-off the entire design.

    Obviously, a clean-room reverse engineer is legal. There is tons of precedent to that effect. Even the DMCA has exemptions for it.

    Perhaps Lexmark has some reason to believe Static Control illegally copied their chip?

  15. Re:This acutally IS monopolistic. by Anonymous Coward · · Score: 1, Insightful

    There are plenty of parts available for hondas that are not produced by honda. If the auto industry was like the printer market, we'd pay $3000 for a new car, but have to pay $500 every 4,800 KM for Chrysler/Honda/Ford/Insert auto manufacturer here/ brand oil, and your auto manufacturers oil would only work in their cars, and no one else is legally allowed to produce competing oil for your car. Same for brakes, tires, etc.

    This doesn't sound like a good deal to me.

  16. Re:Open source? by Planesdragon · · Score: 2, Insightful

    I used to recommend Canon for precisely the reasons you stated until I learned that Canon does not make its printer hardware interfaces available to developers of printer drivers for Free operating systems.

    So?

    My Canon Injet actually works better in Linux than it does in Windows.

    Palm (AFAIK) doesn't OSS it's drivesr, but it still works with Free OSes.