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Lexmark DMCA Case Winds On

Posted by michael on from the big-brother-inside dept.

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.

7 of 353 comments (clear)

  1. 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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  2. 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.

  3. 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.

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  4. 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.