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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.

41 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 Kierthos · · Score: 5, Informative

      Tell me about it. We've upgraded one of the printers we have at work from one HP to another HP (2500 Banner printer to the 5500). This is a printer that can handle 42" wide rolls of paper, and prints amazingly fast, and at good quality. So, you'd expect that it would run out of ink fairly quickly, right?

      Wrong. The ink cartridges, IIRC, hold 680 mL of ink (one of six colours for this model), and I believe that we've changed out only 2 of the individual cartridges in the 7+ weeks we've had the printer. And we've been using it a lot.

      Now, to be completely fair, we cannot use any other type of ink in this, as it will only take the HP inks. But when I replaced one of the cartridges last week, the old one was practically bone dry. It will print until it runs out of one of the inks, but it will only warn you about low ink, not stop printing altogether.

      Kierthos

      --
      Mr. Hu is not a ninja.
    2. Re:Here's a thought... by RandomWhiteMan · · Score: 5, Interesting

      There's acctually a big differene in Lexmark printers out there. Don't ever buy one from their home line of printers. I had one and it was broke after my first year of college. Their business class printers however are pretty decent. A friend of mine interned with them working on the business class drivers and claimed they were really good printers, but the home models sucked.

    3. Re:Here's a thought... by cshark · · Score: 4, Interesting

      Very interesting. It occurs to me that this could potentially have broader applications in either possible outcome. The thing I can't believe is why Lexmark doesn't just come out and apologize for doing something dumb. Putting chips like this in printer cartridges to begin with is nothing more than a dirty trick. Has anyone heard anything about the anti trust case against Lexmark that was filed by scc? Or was it thrown out?

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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.

    5. 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.'

    6. Re:Here's a thought... by Anonymous Coward · · Score: 5, Informative

      Only one problem with HP. they quietly added chips to the business printers'carts to add expiration dates to them. If the cartrige gets x months beyond the mfr date, even if its full, it reads empty. Supposedly to prevent print defects from old ink... yeah right.

  2. Waiter ! by da5idnetlimit.com · · Score: 5, Funny

    "Colour HP Cartridge costs £29
    This works out at £1.70 per millilitre
    1985 Dom Perignon costs 23p per millilitre "

    -"We will have 1 bottle of HP Blue 2003 please"

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
    1. Re:Waiter ! by frieked · · Score: 4, Informative

      Here's the article he's getting his info from in case anyone is interested.

      --

      I have often regretted my speech, never my silence.
      -Xenocrates
  3. Copy Protected Cartridges by My+name+isn't+Tim · · Score: 5, Interesting

    I used to work for a Printer supplies wholesaler and we had a supplier called MultiLaser that would Chip the Lexmark cartridges to be able to recycle them. Lexmark also had this prebate program where you would get a rebate if you agreed not to sell to recyclers.

  4. 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.

      --



      To ensure perfect aim, shoot first and call whatever you hit the target
    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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    4. Re:Completely Legal by PetWolverine · · Score: 3, Interesting
      As an exercise for the reader, please propose suggested packaging disclosures for popular PC products such as Windows XP and Office...

      1. List all known bugs in the version in the box. Any bugs later found to have been known at the time of shipping the product will result in fines to the manufacturer, a portion of which will be distributed among affected users.
      2. List all known bugs in previous versions, along with the date of discovery and the date the patch was issued. If the list is too long to fit on the packaging, give the number of bugs found per previous version and the average time between bug discovery and patch.
      3. Disclose the End User License Agreement to which the user will agree by installing the software. No cop-out for this one; it must fit on the box in size-12 font or larger. No "For complete information, mail request to..." allowed either.

      Any more ideas?
      --
      I found the meaning of life the other day, but I had write-only access.
    5. Re:Completely Legal by WinPimp2K · · Score: 3, Informative

      What Lexmark is doing is preventing anyone else from making a replacement ink cartridge for their inkjet printers. They put a smart ship in their inkjet cartridges that can commuicate with the printer (things like ink level, etc) Lexmark then copyrighted the embedded code in their printers. Lexmark would not give a darn if someone made a printer that could use Lexmark ink cartridges.

      But, Brand X decided to sell their own replacement cartridges for Lexmark printers. They had to make cartridges that could talk with the Lexmark printers. If they can do this, it might gut Lexmark's business plan (sell printer at cost, reap huge profits on ink cartridges). So, Lexmark has to make sure that people will want to use only genuine Lexmark cartridges in their Lexmark printers. Now they could try and do this with a big marketing campaign (convince consumers to pay more for their ink), or they could try to litigate their competition out of business (leaving the consumer with no choice of what cartridge to put in their Lexmark printer).

      Lexmark claims this violates the "anti-cirumvention" clause in the DMCA. The way the DMCA is written - and this is exactly the way that Lexmark is using it - is that the third party chips are allowing ACCESS to a "protected" copyrighted work. It doesn't matter that the copyright on the work is not being infringed (Brand X is not copying it after all). All that matters is that they are gaining access to it.

      As other posters have pointed out, the automotive analogy would be for auto manufacturers to build cars that have the engine refuse to start if car detected any part (tires, oil filter, etc) that did not come from the only approved source. Of course in th US, there are specific laws preventing the auto industry from doing anything like that (because once upon a time the auto industry tried to shut down third party replacement parts by voiding warranties whenever they were used)

      --

      You either believe in rational thought or you don't
  5. 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...

  6. Lexmark Don't even need the DMCA by autopr0n · · Score: 4, Interesting

    Remember Nintendo vs. Namco? Nintendo sued Namco for putting their copyrighted data sequence into their games so that they would work in the NES. Nintendo won the lawsuit, and this was years before the DMCA came out.

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    autopr0n is like, down and stuff.
  7. 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.

    1. Re:About time! by Yavi · · Score: 5, Informative

      I've worked in an office supplies retail environment before, and I've seen a lot of people who think it really is cheaper just to buy a new printer. Unfortunatly, the cartridges that come preinstalled in printers do not have the same volume of ink as the retail packages. Depending on the manufacturer, it was anywhere between 1/4 and 1/2 of the retail ink cartridge's volume.

  8. 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.

  9. The razor, razorblade model by DeadSea · · Score: 5, Interesting
    Manufacturers often sell the printer itself at below cost, expecting to make profits on the consumables. Consumables don't have to be just ink and toner. They can also be rollers, fusers, and other parts that are expected to wear out.

    There are so many players in the inkjet printer space that they are sometimes shooting themselves in the foot by going with this model. No manufacturer can offer printers at cost now because nobody would pay $250 for an inkjet. But at the same time, they lose money like crazy on certain types of buyers. Business travelers often buy a cheap printer at their destination rather than pack one. Consumers often get a new printer with each new computer they buy because the added cost in negligible. There are so many used printers out there, that they often cannot be given away.

    The industry itself would benifit from reform in this area. 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.

    1. 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.

  10. Wat printers can be easily/cheaply refilled? Dell? by emil · · Score: 4, Interesting

    I have avoided owning an inkjet because of the unreasonable consumables costs. I am glad that the EU will be investigating the cartel of printer manufacturers for illegal price fixing.

    If I were to purchase an inkjet, which model can be easily and cheaply refilled, and carries a durable printhead?

    I'd like to buy the ink by the liter, and I'd like the color match of the ink to be reasonably close to the OEM cartriges.

    Also, wasn't Dell going to enter this market and cut the price of the consumables?

  11. printer warnings... by donutz · · Score: 4, Informative

    slightly off topic, but what the hell, I've got karma to burn.

    I'd recommend against purchasing Epson inkjet printers. The last one we had, a 740i, had its jets clog up beyond repair. no matter how many times I'd run the cleaning function it wouldn't print, and even taking the think apart and trying to soak the print head in alcohol would help.

    Apparently there's posts I found on some newsgroup that recommend at least cleaning/printing from that printer once a week or more...we would only use the printer occasionally.

    So watch out and read those user reviews before you purchase a printer!

  12. 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.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
    1. 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.

  13. Here's a *better* thought... by swordboy · · Score: 4, Interesting

    It would seem that the market would *love* a printer that would use generic commodity ink. Make a few bucks on the printer and let the rest of the industry battle out the ink pricing.

    A while ago, I modified an Epson to use large generic ink from a bottle (500mL each color). The printer dies before the ink ever ran out. Perhaps someone could manufacture a disposable printer? Just fill it with a crazy supply of ink and lock that bad boy up.

    This $50/cartridge thing has to stop sooner or later. Some manufacturer will realize that consumers will *pay* for a quality piece that doesn't institute the Gillete sales model.

    --

    Life is the leading cause of death in America.
  14. This acutally IS monopolistic. by SatanicPuppy · · Score: 4, Informative

    Just because the printer market is not monopolized does not mean that this is not unfair competition. Think about it.

    The PRINTER market is not monopolized. However printers and printer INK are two different things. By denying other ink makers the right to compete at all, Lexmark is creating a situation in which only they can sell a product. They are creating a little ink monopoly. This is illegal.

    Now, whether or not the courts will see it that way or not, who the hell knows?

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  15. Other dirty tricks of the printer industry by DeadSea · · Score: 3, Interesting
    Because they can often charge so much for ink, it is in the best interest of the printer manufacturers to make sure that you print as much as possbile and use as much ink as possible. Ever wonder why photo software comes with a printer? It takes a lot of ink to print a photo.
    • Built in pages that take a lot of ink to print.
      • Test Page
      • Demo Page
      • Menu Map
      • Configuration Page
      Watch out for full color pages or dark backgrounds.
    • Bundled software that encourages printing
      • Photo Software
      • Presentation Software
      • Publishing Software
    • Per job banner pages enabled by default
    • Composite black (using CMY color toner to make black rather than the cheaper black toner)
  16. 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

    --
    Excuse me, I don't mean to impose, but I am the ocean
  17. Epson vs. Canon ink level reading by real_smiff · · Score: 5, Interesting

    I recently replaced an Epson 800 with a Canon i850, and have been very pleased with it. Unlike Epson et all, which use chips or drivers to tell you/guess where the ink level is, Canon printers (possibly uniquely? i don't know) actually have a prism in the bottom of each cartridge, and shine a light through this. depending on whether this is covered with ink or not, from the refraction changes it can deduce how much ink is in there. thus it's actially *looking*, which seems to be the right way to do things... Anyway, i bought a big pack of ink and when they run out i'll be squirting more in with a syringe.. i've done it on someone else's printer and they never complained so i guess it worked :)

    --

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  18. Buying a printer cheaper than cartidges? by tbase · · Score: 4, Informative

    If you're thinking of buying a new printer because it's cheaper than replacing your cartidges, consider this:
    Forget for a moment what you're doing to the environment (just for a moment, then go sit in the corner and be ashamed of yourself for 5 minutes), those cartidges that come with that cheap printer are "starter" cartridges - even if you can't find the fine print where it says that. So if the ones that came with your printer lasted you 6 months, crack open your wallet and spend the $25-$75 for a new set of cartridges that will probably last you a year or two. It'll save you money in the long run, and you'll be putting a lot less plastic in a landfill somewhere.

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    666-607: 6th floor apartment of the beast
  19. It's way too expensive also. by wackoman2112 · · Score: 5, Interesting

    According to ThisIsLondon, Ink for home printers are 7 times more expensive than vintage champagne.

    They also claim that ignoring low ink warnings can double the life of ink cartridges. I wish I could ignore the warnings, as my Lexmark printer forbids me to print once 75% of ink is gone!

    Those greedy pigs!

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  20. Re:Wat printers can be easily/cheaply refilled? De by cdrudge · · Score: 4, Interesting

    Dell's inkjets are just rebadged Lexmarks.

  21. DesignJet 5500 Ink Usage by diatonic · · Score: 3, Interesting

    Actually, the HP DesignJet 5500 does track ink usage and will not let you print when the cartrige goes empty. It does this to prevent air from getting into the lines that feed ink to the print heads. If air gets into those lines you're in for an expensive repair. There are companies that sell ink refill kits, but it stops the printers ability to track ink usage (because the ink level becomes unknown) and the printer can't tell when the cartriges should be replaced. I'd recommend sticking with genuine HP supplies.

    .:diatonic:.

  22. Re:question by confused+one · · Score: 4, Interesting
    Any printer which doesn't include the print head with the ink cartridge is a good starting point. Epson is one example.

    Both HP and Lexmark cartridges are so expensive, in part, because the print head and some of it's intelligence is built into the cartridge.

  23. Re:Death to Lexmark! Viva 'le Color Laser! by Rudeboy777 · · Score: 3, Informative

    You're asking an for an awful lot to include the disclaimer 'don't break the bank'. A good money-saving tip if you like ethernet are D-Link pocket print servers that change the printer's parallel port to an ethernet port. You simply telnet to the print server's IP address to configure it, so it's OS neutral. I was pricing printers for work and this solution was MUCH cheaper than printers with built-in ethernet.

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    From hell's heart I fstab at /dev/hdc

  24. Re:Wat printers can be easily/cheaply refilled? De by Planesdragon · · Score: 4, Informative

    If I were to purchase an inkjet, which model can be easily and cheaply refilled, and carries a durable printhead?

    Canon.

    Canon was, AFAIK, the first inkjet company to have four seperate ink tanks and a seperate head. The prices are reasonable, the quality is good, and the consumeables are fairly priced. (A bit more per page than b&w laser, but still good.)

  25. CCIA also filed an amicus brief by dcgaber · · Score: 4, Interesting

    Computer & Communications Industry Association also filed an amicus brief in this case both at the district level and now at the appealate level arguing that this is the exact type of activity allowed under DMCA's exceptions and that SCC is not violating the DMCA. Press release can be found here.

  26. It's not about the inkjets people. by aixguru1 · · Score: 3, Interesting

    All inkjet printers seem to have the same problems with the price of brand name cardtridges. That is also why there are so many companies making refillables that can "solve" the issue. The problem is the cost of toner cartridges in laser printers. I know roughly how much they go for, and it is expensive. My company has literally thousands of the Optra T series, and folks, it is a good printer for the money. Even with the expense of toner, it is still just as good or better than pricing on comparable HP printers. The lexmark will run you about $3000 for the decked out Optra T, the comparable HP will be around $10,000. Forget about the disposable printer argument and look at the real picture here. The cartridges from Lexmark are about 1/3 more expensive than the remanufactured ones. However, the quality of remanufactured cartridges is not supposed to be as good as the Lexmark cartridges. I have seen both and it does seem that the Lexmark ones are a little better. The whole point is that if you want to buy a office printer and not a home printer, do your research and try a few different ones before making the selection. Otherwise, buy a cheap on sale printer when you need a refill. speaking of which, I need to find cheap cartridges for my HP G48xi...

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