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North Carolina Fights Back Against Lexmark

ngrier writes "Seems that at least some aren't sitting idly by, while printer manufacturers try to assert total control. The North Carolina legislature just approved a measure which guarantees the consumer's right to refill ink cartridges. For history of the Lexmark DMCA-related story, involving the company placing copyright-protected code in their printer cartridges in order to prevent competitors from producing compatible cartridges, there are previous Slashdot posts about it here(1), here(2), and here(3)."

89 of 412 comments (clear)

  1. I like this by l810c · · Score: 5, Interesting
    It's nice to see some common sense come out of a legislature. I like Rep. Joe Hackney's analogy:

    I think if Ford Motor Company tried to completely control the aftermarket by trying to control the tire you put on your car by some device, I think this Legislature would act.

    There are many areas of the market place that this should be applied.

    The price of printers may go up, but we will still have Choice when it comes to ink. Ink is by far the higher cost in the long run.

    1. Re:I like this by captainclever · · Score: 3, Insightful

      Quite simple, when your Lexmark printer runs out of Ink, throw it in the bin.

      Never ever buy from Lexmark again, and encourage others to follow suit.

      --
      Last.fm - join the social music revolution
    2. Re:I like this by HBI · · Score: 5, Insightful

      That only works until every vendor does the same thing, which they are well on the way to doing.

      That free market stuff is only good in a carefully regulated environment. Laissez faire capitalism was successfully debunked in 1929, and many times since then - think Microsoft.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    3. Re:I like this by Anonymous Coward · · Score: 5, Insightful

      Since when is take it or leave it the only option in a free market? What is so wrong with wanting to be able to buy something and do whatever the hell you want with it? Absent corporate welfare laws like the DMCA, Lexmark will spend money developing more and more complicated technological lockouts while companies like Static Control will profit by selling workarounds. Eventually Lexmark will realize that it is wasting its time and put the effort into making higher quality products that people are willing to pay a little extra for. That is a free market.

    4. Re:I like this by BrookHarty · · Score: 2, Insightful

      Or you could just not buy a lexmark printer. Let the market descide, don't legislate to death.

      Sometimes the public doesnt know about the dangers or mistakes of buying a product. The state needs from time to time, step in and regulate the market place. For the people and all that jazz..
      -
      Corporations steal its copyright infringment, people steal its called piracy.

    5. Re:I like this by nomadic · · Score: 5, Funny

      Or you could just not buy a lexmark printer. Let the market descide, don't legislate to death.

      Yeah, worked so well in curtailing Microsoft's behavior...

    6. Re:I like this by Joey7F · · Score: 4, Insightful

      The market is deciding! It decided that it wants Lexmarks at an unbelievably cheap price and it wants others to supply the ink at a fair rate. Lexmark is USING legislation (dmca) to make generic refills die a quick death.

      --Joey

    7. Re:I like this by Planesdragon · · Score: 2, Insightful

      Consumers can pick cars that are safe, and if they want to get one that isn't, that's their choice.

      You've obviously never bought a car.

      Lemon laws serve as a check on dealer shenanigans. Especially with used cars, the threat of the state forcing the dealer to pay for the car's repairs is sometimes the only thing keeping the dealer from selling cars that really shouldn't be on the road.

      However, your theory of removing all laws that protect consumers from corporations sounds like a great one. I can't wait to live in a world where I must sign a contract to even look at a car, I have to take the dealer's word on how efficient it is for gas mileage, and I just have to rely on a consumer group that can't summon cars for review to tell me if a car has serious safety hazards or not.

      The free market is amazingly efficient at resource allocation--and that's about it. It's horrible at keeping a reasonable balance of weath, atrocious at preserving accuracy, and simply impotent when it comes to protecting participants in the market from the worst scams therin.

      Capitalism without some government oversight is mob rule--and I think I'd be better served by a tyranny than the unthinking mob.

    8. Re:I like this by Melibeus · · Score: 2, Interesting

      I threw my Lexmark in the bin after the ink ran out when I found there were no Linux drivers for it except a partially working (B&W only)reverse engineered one. Nor do Lexmark seem to care much. See their scorecard here. "Useless"

    9. Re:I like this by Anonymous Coward · · Score: 4, Interesting

      Ah, yes. The proof that laissez faire capitalism doesn't work is . . . a depression caused by the Frederal Reserve Bank and Bank of England mis-manipulation of the money supply to maintain artificially low interest rates in 1926-1930, taxes raised to pay off national debts (especially in France and Germany) left over from World War I, and an international move away from free trade towards protectionist/mercantilist economics.

      Yep, that is convincing. A depression caused by the actions of governments proves laissez faire capitalism doesn't work, because it proves government cannot be trusted to not stick its hand in in an effort to "improve" things.

    10. Re:I like this by Moofie · · Score: 4, Insightful

      If the capitalists believed in laissez-faire, they would not have gone shopping in Washington for the DMCA.

      As long as corporations are given preferential tax and liability treatment, they should be subject to oversight and scrutiny. This is just and right.

      I just wish it happened sometimes.

      --
      Why yes, I AM a rocket scientist!
    11. Re:I like this by NanoGator · · Score: 2, Insightful

      "Or you could just not buy a lexmark printer. Let the market descide, don't legislate to death."

      The big problem with this argument is that corps are getting bigger and bigger. There's gotta be restraints on them here and there to prevent them from stifling progress in any given area of development.

      I do half-agree with you, though. Here's the thing: If everybody does what Lexmark's been doing, what's to stop people from just buying laser printers? If something desperately needs to be in color, either ppl will use digital means (e-mail, pocket/tabletPCs, etc) or they'll run down to Kinko's. I personally have already decided on the Kinko's bit. Sure, per page the color copies/prints might be expensive, but I'd have to buy a lot of them to equal one cartridge of ink.

      If the market goes to one extreme, somebody'll come along and create equlibrium. So long as the mega-corps can't squash them, then things should work out. Problem is, keeping the mega-corps under control. In this case, legislation could potentially be the answer.

      --
      "Derp de derp."
    12. Re:I like this by Anonymous Coward · · Score: 2, Interesting

      "Capitalists" and corporations don't have to believe in laissez-faire. They try and get priveleges from the government because they can.

      Libertarians do because they believe it's in the overall best interest of everyone.

      Corporations shouldn't be given special priveleges and tax/liability treatment. Just as individuals shouldn't be able to use the government to try and control the market with price controls, rent controls, wage controls, etc.

      THAT is just and right.

    13. Re:I like this by ThatDamnMurphyGuy · · Score: 5, Informative

      think if Ford Motor Company tried to completely control the aftermarket by trying to control the tire you put on your car by some device, I think this Legislature would act.

      Actually, I think this started to happen in the past. Ever heard of the Magnuson/Moss Warranty Act?

      Neither did I, until I started putting aftermarket stuff on my truck and the Dodge dealer started getting pissy. In a nutshell, it says that no manufacturer can deny and warranty claim or make any warrany dependont on the use of any aftermarket parts, UNLESS that part can be proven to have caused the damage.

      The same should apply to any other sane industry, of which computers does seem [sane] anymore.

      We don't tolerate those practices anywhere else, except for computers/software. Nice to see someone pitching an official bitch about it.

    14. Re:I like this by jrockway · · Score: 2, Interesting

      Salvage it for parts. There must be something good in there.

      And if $35 buys a black ink cartridge, and $35 buys a color ink cartridge, a black ink cartridge, AND a printer, electronic parts now have a negative cost when salvaged from a lexmark printer. Radio Shack should sue :)

      --
      My other car is first.
  2. Open Letter to Inkjet Printer Manufacturers by Anonymous Coward · · Score: 5, Interesting

    Are you an employee of a company that manufacturers inkjet printers? Are you an inkjet owner? Have you been thinking of buying an inkjet printer? If so, listen up.

    Now, don't get me wrong. Everyone owning their own printing press is an important leap for free speech, and thus democracy,
    but there's one tidbit the printer manufacturers have neglected...

    The loss leader model in the printing technology business is a failure.

    Sure money is pouring in now, but sooner or later your customers will reel from the pain caused by you ramming their asses.
    Let's face it-- previous inkjet owners would rather print at Kinkos than buy a new inkjet printer. If you put yourself in your customers' shoes, it's not hard to see why:

    1. Ink cartridges are too expensive. Boy, are they too expensive!
    2. The cartridges have a short shelf life before they dry up and jam the print heads.
    3. Printing regularly (or otherwise wasting ink) is the only way to combat the ink drying problem.
    4. Consumers are reluctant to print anything unless absolutely necessary thanks to the artificially high price of ink.
    Thus, inkjet printers are rarely excercised enough to maintain them and rarely work right when they are needed.

    Ink cartridges have a short shelf life and no printer manufacturer has been able to solve that problem. Because of that, Gillette's give-away-the-razor-sell-the-blades-at-a-primium model does not adapt well to the printing consumables industry. In
    the meantime, raping consumers on ink is a business model that will soon die, because consumers will find that inkjet printers are just not worth it. Joe Sixpack will learn soon enough that the printer bundled "free" with his PC is nothing but a money pit.

    Because printers are sold cheaply (presumably at a loss), it's not surprising that printer reliability has gone down the shitter. Manufacturers are cutting corners when producing printers. Inkjet printers today are made out of cheap plastic where metal should be used, resulting in a fragile product likely to jam paper.

    Let's face it, until printer manufacturers change their business model, inkjet printers are just not worth the hassle.

    1. Re:Open Letter to Inkjet Printer Manufacturers by l810c · · Score: 5, Insightful
      Printers sure have gone downhill. Remember the old HP Laserjet(3,4) workhorses? Those things were stout. Even the new office printers are not the same quality they used to be.

      Normally in the computer market, high end features trickle down into comsumer product features, I was hoping for a home printer that could hold a ream of paper and have separate trays for labels and envelopes and plug and play networking. Instead we have the mess that is the printer market today.

    2. Re:Open Letter to Inkjet Printer Manufacturers by Victa · · Score: 2, Interesting

      Sorry, but I have to disagree with some of your post...

      > 3. Printing regularly (or otherwise wasting ink) is the only way to combat the ink drying problem.
      > 4. Consumers are reluctant to print anything unless absolutely necessary thanks to the artificially high price of ink.
      > Thus, inkjet printers are rarely excercised enough to maintain them and rarely work right when they are needed.

      BULLSHIT!!!

      I have and Epson Stylus Colour 800. It is approximately 5 years old. I purchased it when I worked for an Epson service center. It barely gets used (maybe once 6 months), and I have NEVER had any problems with the ink drying out, if the printer is designed and used correctly ink drying in the head should NOT be a problem.

      > Ink cartridges have a short shelf life and no printer manufacturer has been able to solve that problem.

      BULLSHIT!!!

      I have a BOX full of ink cartridges (genuine Epson) that I got at the same time as the printer, and just the other day I had to put a new black one in the printer, it worked fin, and it was OVER 2 YEARS OUT OF DATE!!!
      Once again, if they are left sealed, and stored correctly there should be no issues.

      On the subject of non-genuine and refilled ink cartridges... They DO FSCK PRINTERS!!! When I worked fixing these things EVERY printer that came in with non genuine or refilled cartridges had print quiality issues. Sometimes the customer was lucky and a set of genuine cartridges fixed the problem, but usually a new print head was required (several hundred $AU).
      I have also seen many cases of non-genuine (and refilled) inks simply draining into the bottom of the printer overnight... Or coming out of the packet dry, whilst still IN DATE!!! Try explaining to a customer why the ink they bought thismorning, and put in an hour ago is empty out of the box...

      Once upon a time I too thought non-genuine and refilled ink was OK... Then I spent a couple of years seeing the damage that these inks cause. And after that I will never use non genuine inks, nor would I perform warranty service on a printer with non genuine inks in it.

    3. Re:Open Letter to Inkjet Printer Manufacturers by nolife · · Score: 2, Informative

      I'm glad to hear about your Stylus 800. I have noticed the same thing with the older printers. I still use my Stylus Color (circa 1995). Cartridges are huge and cheap, normally one cleaning cycle after sitting for a while is adequate. Ink last hundreds of sheets.

      I also have an Epson C60. Not bad quality but unless I use it at least once every two weeks, I have to run the clean cycle over and over. I could not find a way to clean just the color or just the black if needed and if I take one of them out I can't run the cycle to clean the other one. A complete waste of ink everytime. Last time this happened, it was not used for about 4 months. I had to clean the heads at least 10 times to get the megenta to work and I used almost 1/2 the black in the process.

      YMMV

      --
      Bad boys rape our young girls but Violet gives willingly.
    4. Re:Open Letter to Inkjet Printer Manufacturers by SeanTobin · · Score: 2, Interesting

      Heh.. how about this. I have a HP laserjet IIP that has gone over 400,000 pages. The thing is a beast! Bought it in '87 with the 1meg memory upgrade. I love the fact that they set the internal page counter to max out at 100k. Not too many products these days that you can roll the odometers on anymore.

      Try getting that from an inkjet :) Or even one of the newer hp lasers (which I still think are great printers... just not the beasts they once were)

      --
      Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
  3. Any effect? by Anonymous Coward · · Score: 4, Interesting

    Well consumers have that right already - they are perfectly free to refill their cartridges; of course, it doesn't do them any good, because the chip ignores the new ink. Is this a ban on putting the chips in?

  4. So state law... by HotNeedleOfInquiry · · Score: 4, Insightful
    Supercedes federal copyright law in North Carolina?

    I doubt it, although Lexmark would be a fool to push it.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:So state law... by jazman_777 · · Score: 2, Insightful
      The Carolina's (and the Southern part of the US in general) tend to ignore Federal law in preference to State Law. Remember the Civil War in 1861? The South has always thought that the Federal Gov't should leave them alone.

      The 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    2. Re:So state law... by squiggleslash · · Score: 3, Insightful
      This isn't superceding federal copyright law. It's an unrelated law to do with consumer protection. Lexmark has no more right to claim federal copyright law overrules it on the grounds it happens to be using a form of ultraproprietry cartridge protected by the DMCA than it does that it sends the printers across the state using the US Postal Service.

      The two laws are not in conflict here. Lexmark can sue people for refilling its cartridges, only it's also open to legal action for making them closed in the first place.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:So state law... by Waffle+Iron · · Score: 2, Funny
      I fail to see how preventing others from making ink cartridges promotes the progress of science and useful arts, therefore this should not fall under federal copyright law.

      Hey- I just happen to be a struggling inkjet cartridge chip author. I've been working my ass off for years, holding down night jobs, working like a slave to support myself so I can write my chips. It's been a living hell, but I still hold on to my dream. One day I'm going to write an inkjet chip that hits the big time. And when I do, you better bet that I want all of the IP protection that I can get on my chips. I'm not going to pour my soul into little cartridges just so that some petty thieves can steal my hard work! I think I speak for all inkjet chip artists when I say we need strong copyright laws like the DMCA.

    4. Re:So state law... by WCMI92 · · Score: 2, Interesting

      "Supercedes federal copyright law in North Carolina?

      I doubt it, although Lexmark would be a fool to push it."

      Yes they would.

      The Feds only have the right to regulate INTERSTATE commerce. (much abused, BTW) Not INTRA-state.

      So NC could make it completely legal to produce knock off inkjet carts and sell them *IN* NC.

      I don't really see how the DMCA even protects Lexmark in this case. It DOES have a (weak) "interoperability" clause that would seem to make selling refills and compatible carts legal.

      CONSUMABLE items should be exempt from copyright. They are hardly creative works. I suppose patent may apply, but considering that HP invented the inkjet, would Lexmark have any credible claim to patenting an inkjet cart?

      --
      Corporatism != Free Market
  5. Does this therefore apply to the whole USA? by 16K+Ram+Pack · · Score: 3, Interesting
    Not being an American, but presumably this means that people can mail order cartridges from North Carolina to their home address?

    Is there a lot of this in the USA? States which have allowed things that are banned in other states gaining additional 'export' markets? I can think of people travelling to Vegas for one.

    1. Re:Does this therefore apply to the whole USA? by generic-man · · Score: 3, Interesting

      Is there a lot of this in the USA? States which have allowed things that are banned in other states gaining additional 'export' markets?

      Yes. Look at all the border stores that sell fireworks -- it's illegal to take them back home, but the store owners don't care because their state's laws apply.

      And in Pennsylvania, until recently all liquor stores were closed on Sunday -- currently 10% of them are open Sundays, as a pilot program. Until that happened, people had to drive to neighboring states to buy hard liquor on a Sunday. This happens in plenty of other states too -- and in some states, it happens at the county level.

      And whatever you do, don't ask people in Greenwich, Connecticut what they think about New Yorkers buying Powerball tickets there...

      --
      For more information, click here.
    2. Re:Does this therefore apply to the whole USA? by 1010011010 · · Score: 4, Interesting


      There is a lot of it. The states are sometimes called the "laboritories" for legislation. The U.S. was set up with way -- a relatively weak and powerless federal government that provides for the common defense, currency, bankruptcy, and a few other things in the "enumerated powers." The states were responsible for all other legislation, except in areas reserved exclusively to the people. Things like freedom of speech, religion and assembly, and the right to bear arms are in that category (see 9th and 10th amendments). These days, a lot of federal mandates are achieved through the federal government's power of taxation, rather than more direct (and unconstitutional) means.

      I'm not sure if the U.S. federal government is all that constitutional these days. Before FDR, there was a "presumption of liberty" that favors individuals and the states. Post-FDR, there was a "presumption of constitutionality" which favors congress and the president, and disfavors states and individual citizens. This flies in the face of the 9th and 10th Amendments, which are supposed to be part of the "supreme law of the land" that places limitations on the power of the federal government.

      --
      Napster-to-go says "Fill and refill your compatible MP3 player", which is a lie. It's not MP3. It's WMA with DRM.
    3. Re:Does this therefore apply to the whole USA? by poptones · · Score: 2, Interesting
      Ever drink california wine? there are wineries all over the country - there is even one near me, here in Mississippi - but because of moronic laws leftover from prohibition the wineries cannot EXPORT their product from the state. I have never seen logic in this, but that's the way it is in many states: they let their citizens make wine (or beer) but prohibit them from selling it across state lines. Stupid.

      California has very liberal marijuana laws and many people exploit this. Alaska has even more liberal laws (there is even a judicial decision in that state that an individual has the right to grow and consume it in their own home) but because it's so isolated from the rest of the US I doubt many people are travelling across state lines to get their fix.

      If you really wanna see a can of worms, look up the abortion laws and the lengths states have gone to worm around Roe v. Wade.

  6. Finally... by Lordfly · · Score: 5, Insightful

    I'm glad someone's deciding to finally act on this. Ink cartridges should not be costing 20,30,40 dollars. It's ink... the technology has been around for several hundred years. Now granted, printer technology has only been around 20 years, but still, it's not like it's rocket science (or rocket fuel, for that matter :)

    --
    hookers and grits.
    1. Re:Finally... by ugly_a · · Score: 3, Funny

      With ink cartridges surpassing the cost of Dom perignon, the rocket fuel just might be cheaper.

  7. Not about choice by retto · · Score: 5, Insightful

    Oh please....consumer choice doesn't have anything to do with this. A North Carolina company may get shut down, costing 1,200 jobs, which is why there is soon going to be a law protecting it.

    I half expect Kentucky's government to jump in and ban the sale of replacement ink cartridges to protect Kentucky jobs or some other nonsense.

  8. competition is good for the consumer... by ravenousbugblatter · · Score: 5, Informative
    For anyone wanting cheap ink cartridges here's a weird place you can check out, called lasermonks.

    More on topic, if this bill get's signed it'll be interesting to see if similar legislation is passed in other states.

  9. Consumers do have *some* power. by Corvaith · · Score: 4, Interesting

    I always buy my printers based on how much it'll run me to replace the ink afterwards. Not necessarily comparing *just* that, granted, but it's a big factor. These days, my favored brand is generally Epson, and my still-relatively-new Stylus C62 has been good to me. And replacement ink doesn't break the bank.

    If people would *think* before they purchase and realize that Lexmark may have decent printer prices but their ink is absolutely ridiculous, such legislation would be largley unnecessary.

    1. Re:Consumers do have *some* power. by Peyna · · Score: 2, Insightful

      There are some Lexmark printers currently on the market that can be obtained for less than the ink cartridges can. Thus, it is cheaper to buy a new printer than to buy replacement ink. There HAS to be something wrong with that.

      --
      What?
    2. Re:Consumers do have *some* power. by LetterJ · · Score: 2, Insightful

      This gets floated as a "solution" to the problem frequently. Unfortunately, the cartridges in these new printers contain less and less ink. They're almost getting to be as useless as the sample packs of paper they come with too.

  10. Special exemptions by interiot · · Score: 4, Insightful

    Why not fix the whole DMCA? Or at least codify something stating that DMCA doesn't cover cases where the intent was clearly only anticompetitive?

  11. Toner vs. ink by My+name+isn't+Tim · · Score: 5, Informative

    The big money is in toner not inkjet ink. Toner cartridges are the cartridges that Lexmark put anti-refill technology on. Things like counting the amount of times the drum roles restricting the cartridge to so many pages printed (even if there's still toner left in the cartridge!) there are companies out there that can circumvent this. check out Multilaser

  12. No effect! by www.sorehands.com · · Score: 2, Interesting

    IANAL. But, I tend to doubt that local law can overide Federal Copyright Law.

  13. Re:Let's do it with Apple! by Mononoke · · Score: 4, Insightful
    And, of course, Apple must let go their firmware, so that Mac clones will be available again.
    Once again: Why? How will this benefit Apple? How will it benefit consumers?

    --
    NetInfo connection failed for server 127.0.0.1/local
  14. Um, So what? by Lord+Kano · · Score: 4, Insightful

    The DMCA is federal. No matter how much we wish otherwise, we need to make the change at a federal level.

    Even though California or Oregon voters may be in favor of medical marijuana, the federal prohibition on marijuana trumps that.

    Repeal DMCA on a federal level, or otherwise the efforts are meaningless.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:Um, So what? by jonman_d · · Score: 3, Insightful

      Unfortunatly, you're right. De jure nullification is dead. But de faco nullification is alive and kicking. Take your marijuana example: locally, Californian state officials generally don't enforce the federal marijuana laws. They don't have to. That's why you get federal officers doing most of the drug-busting in California, which costs the federal government a load of cash and time.

      And what happens to people in California, when they're found guilty of growing or posessing medical marijuana? They get just one day in jail.

      Now, apply this to ink. Granted, it's a lot different that marijuana laws - but, the state will wind up doing nothing to help the federal government in this matter, which is a big win. And it'll turn a blind-eye to anyone who wants to keep producing 3rd-party ink. Another win.

      The idea of nullification now'a'days is just to be such a pain in the ass that the federal government has to eventually rethink their position. Hell, look at all the anti-patriot act bills floating around.

  15. The Supremacy Clause by David+Hume · · Score: 2, Interesting

    Supercedes federal copyright law in North Carolina?

    I doubt it, although Lexmark would be a fool to push it.


    Good point. Consider the application of Article VI of the Constitution, the Supremacy Clause:

    Article VI

    All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

    This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

    The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.


    See:

    http://www.law.cornell.edu/constitution/constitu ti on.articlevi.html

    http://caselaw.lp.findlaw.com/data/constitution/ article06/

    As FindLaw explains:

    The Operation of the Supremacy Clause

    When Congress legislates pursuant to its delegated powers, conflicting state law and policy must yield.7 Although the preemptive effect of federal legislation is best known in areas governed by the commerce clause, the same effect is present, of course, whenever Congress legislates constitutionally. And the operation of the supremacy clause may be seen as well when the authority of Congress is not express but implied.

    [Footnote 7] Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 210 -211 (1824). See, e.g., Cipollone v. Liggett Group, Inc., 112 S.Ct. 2608 (1992); Morales v. TWA, 112 S.Ct. 2031 (1992); Maryland v. Lousiana, 451 U.S. 725, 746 (1981); Jones v. Rath Packing Co., 430 U.S. 519, 525 (1977).


    See http://supreme.lp.findlaw.com/constitution/article 06/02.html#4

  16. Why not? by unixwin · · Score: 5, Interesting

    If Lexmark (or HP or whoever) makes a product and they say that for warranty purposes you have to use their own crappy ink/toner -- all this upfront, I don't see a big deal why it is a consumer victory as touted. I surely agree that a refill helps in cost cutting, but I have also seen tons of printers (both inkjet and laser) with ink/toner spilt all over their innards just because ppl didn't want use a decent cartridge / toner. This is when they bring their product in for warranty "replacement" since their ink/toner is "smudging", "not printing right" , "sucks" or something of that nature.

    As long as they let the consumer know this in advance and you have a choice not to buy this product no one is in trouble are they?

    Ofcourse you may not have much choice for buying from someone besides Lexmark & Canon & HP but then thats a DIFFERENT problem .....

    --
    -- everyones not everybody and neither is everybody like everyone.
  17. Re:Let's do it with Apple! by Wyatt+Earp · · Score: 5, Insightful

    If you have a G4 or whatever you DO have a choice of OS. Either an Apple OS or Linux or Darwin.

    If you buy a computer from SGI what OS choice do you have when you order it? For the workstation, it don't look like it
    http://www.sgi.com/workstations/fuel/sys_softw are. html
    http://www.sgi.com/workstations/tezro/sys_so ftware .html
    http://www.sgi.com/workstations/octane2/sys _softwa re.html

    What Lexmark is doing and what Apple/Sun/SGI are doing is like comparing Apples and Oranges.

    Yea, when you buy a G4 you get stuck with OS X and Classic. But Apple doesn't use the DMCA to keep you from installing Linux on the box.

  18. Aren't there enough laws? by Sean80 · · Score: 5, Insightful
    I don't know about this. Every time I walk down the street I'm sure there are about a thousand laws governing my behaviour, most of which I'm not even aware of.

    Is it really the job of government to pass such narrow, precise laws like this? Or, instead, should they be passing higher-level laws which a) most of us can even keep in our heads to start with and b) cover a whole lot of smaller, more specific cases?

  19. I wonder... by singularity · · Score: 2, Interesting

    I wonder how many consumers get to the point where they realize that buying a new printer each time is about as effective as trying to buy OEM ink cartridges.

    I was in Best Buy yesterday, and they had an inkjet printer on sale for $39. It has been a while since I bought an inkjet cartridge (company supplied laser printer), but I believe it was almost that expensive.

    That is the problem with a highly competitive razor/razor-blade model - as soon as the razors get really cheap due to competition, you get the the point where you start competing with the blades in price.

    I wonder how long before you see "intro" ink cartridges (with only like 25% filled) being supplied with the original printer?

    --
    - (c) 2018 Hank Zimmerman
    1. Re:I wonder... by RollingThunder · · Score: 3, Informative

      I wonder how long before you see "intro" ink cartridges (with only like 25% filled) being supplied with the original printer?
      I think three or four years ago?

  20. abusing copyright for restraint of trade by Eric+Smith · · Score: 5, Interesting
    What Lexmark is doing seems similar to what Sega did with later versions of their Genesis game console. The Genesis refused to run cartridges that didn't contain the trademarked word "SEGA" at a particular address. Sega apparently even has a patent on that security system (TMSS). When Accolade made cartridges containing that work, Sega sued. The Ninth Circuit Court of Appeals ruled that this violated the Lanham act, because Sega deliberately designed the Genesis to require that trademark to be present regardless of the actual manufacturer of the cartridge. Thus Sega was to blame for the abuse of their own trademark.

    The Lexmark inkjet cartridge problem is based on abusing copyright rather than trademark, but it seems quite possible that a court would find that because Lexmark has unnecessarily forced their competitors to use their copyright in order to make a compatible cartridge, they are to blame for the resulting copyright infringement.

  21. Politics is finally always local - NC and Static by leoaugust · · Score: 2, Interesting

    It had to happen in North Carolina, because politics is ultimately about local issues. Static Control Components of Sanford, (close to Raleigh) employs 1200, and might even more if business grows. The Company had enough pull in the State to get the law passed.

    And I think this should be a lesson for other issues too ... Abstractions have to come down to one or few test cases where the rubber hits the road .... guess RIAA's thousands points of lawsuits will also meet such a fate from the localities where the lawsuits draw first blood.

    I would be foolish enough to say to RIAA "Bring 'em on" but I think that they should expect the unexpected when the finally go for it.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
  22. Re:HP's combo cartridges by MsGeek · · Score: 3, Interesting

    There are people who sell remanufactured HP cartridges. I would never rely on a remanufactured HP color cartridge (they tend to have cross-contaminated ink, where the yellow might be greenish because some cyan leaked in, for example) but I use remanufactured black cartridges happily. They are all over the place. Even Wal*Mart has 'em, from NCR.

    --
    Knowledge is power. Knowledge shared is power multiplied.
  23. Just a thought by wozster · · Score: 5, Interesting

    Last time I checked Canon doesn't sue 3rd party competitors
    & uses a seperate tank for each color (less waste)
    & doesn't throw around the DMCA
    & tells you to check your ink level by LOOKING AT THE CARTRIDGE (as it should be).

    Please correct me if I'm wrong, but from my recent research I found Canon to be the most reasonable (yes, I hated them as much as everyone else 5 years ago).

    1. Re:Just a thought by EnglishTim · · Score: 2, Interesting

      I have a Canon S500, and it has a system that detects when the ink is about to run out and when the ink has run out. I'm always surprised at how many prints I get between it telling me the ink is low and when it refuses to print any more, but it does give you some time to get around to getting some new cartridges. When the cartridge has expired, There doesn't seem to be very much ink left, although it is a bit difficult to tell - the cartridges are full of a cotton wool-like substance, presumably to stop the ink sloshing about. I've never had any bad prints as result of ink running out, so it seems they leave enough ink in to ensure that your last print will always be good, which can be a good or a bad thing, depending on what you want.

      I've not tried refilling the cartridges yet.

  24. Re:Let's do it with Apple! by perimorph · · Score: 5, Insightful

    "Apple must leave the choice of OS to customers - right now you still have to pay for OSX when you are buying Mac even if you plan to use Mac with Linux or BeOS or BSD."

    Apple doesn't prevent you from using a different OS, though. That's like saying Lexmark shouldn't include an ink cartridge with the printer when you buy it -- if nothing prevents you from changing it, I don't see why it would be a problem.

  25. Bill Doesn't Address DMCA Problem by David+Hume · · Score: 2, Informative

    It appears the bill doesn't address the DMCA problem. As the article states:

    RALEIGH, N.C. -- The state House agreed Tuesday to Senate changes to a bill that would give printer owners the right to refill any printer ink cartridge, voiding purchase agreements that ban the practice.


    (emphasis added) http://www.heraldsun.com/state/6-371743.html

    It appears the North Carolina law simply declares void contractual agreements not to refill printer ink cartridges as being against the public policy of the state. While this might be necessary for such refilling to be legal, it does not appear that this law is by itself sufficient to make it legal.

    The law does not address the DMCA problem. That is, even if in North Carolina a contractual provision cannot prevent someone from refilling ink cartridges because said provision is void under this North Carolina law, this doesn't prevent a printer manufacturer from filing a DMCA claim against a company that makes the refilling kits.

    Under the Supremacy Clause (Article VI of the Constitution), the State of North Carolina may have been unable to address the DMCA issue, and indeed may have recognized that fact. Article VI provides:

    Article VI

    All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

    This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

    The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.


    See:

    http://www.law.cornell.edu/constitution/constitu ti on.articlevi.html

    http://caselaw.lp.findlaw.com/data/constitution/ article06/

    As FindLaw explains:

    The Operation of the Supremacy Clause

    When Congress legislates pursuant to its delegated powers, conflicting state law and policy must yield.7 Although the preemptive effect of federal legislation is best known in areas governed by the commerce clause, the same effect is present, of course, whenever Congress legislates constitutionally. And the operation of the supremacy clause may be seen as well when the authority of Congress is not express but implied.

    [Footnote 7] Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1, 210 -211 (1824). See, e.g., Cipollone v. Liggett Group, Inc., 112 S.Ct. 2608 (1992); Morales v. TWA, 112 S.Ct. 2031 (1992); Maryland v. Lousiana, 451 U.S. 725, 746 (1981); Jones v. Rath Packing Co., 430 U.S. 519, 525 (1977).


    See http://supreme.lp.findlaw.com/constitution/article 06/02.html#4

    I have to wonder if this legislation will accomplish anything. I also have to wonder if the legislature knew that it might not accomplish anything when they passed it.

  26. Still a silly fight by unicorn · · Score: 3, Informative

    The thing that continues to be overlooked by the editors here:

    The chipped cartridges, are NOT the only option for these printers.

    There are 2 sets of cartridges that Lexmark sells. One set, is chipped for single use, and then you're obligated to return the cartridge back to Lexmark for them to refurbish, etc. They call it a "pre-bate" basically they are rebating you for returning the empty, at the time of purchase.

    If you want to reuse/refill, etc yourself, then you can buy the non-prebated inks. And then you can just go hog wild.

    Caveat Emptor.

    --
    "Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs." P.J. O'Rourke
  27. The NC legislature got it wrong by VORNAN-20 · · Score: 2, Insightful

    As far as I can tell from reading the description of the law (IANAL), they made it illegal to enforce the ban on cartridge refills, and it probably does conflict with federal law. What they should have done, with no conflict with the federal statute, was to ban the sale of printers with that sort of restriction. AFAIK a state can ban the sale of various items on whatever grounds it feels are correct, and the feds have nothing to say about it.

  28. I worked for a printer manufacturer by wift · · Score: 2, Interesting

    The company I worked for had to pull out of the consumer market(both ink and toner based) because they couldn't keep losing money on lost revenue due to generic cartridges. So now there is less choice in the toner and ink jet printers.

    My last ink jet screwed up because of the damn refillable cartridges. My current ink jet works great with name-brand cartridges.

    --
    ....... Thus ends my attempt at wit or whatever
  29. doesn't have to by Trepidity · · Score: 2, Insightful

    They don't have to try to force Lexmark to allow others to use their copyrights (which would be an attempt to supersede federal copyright law) -- instead they can simply say that it is illegal for printer manufacturers to make their cartridges such that copyrighted material is necessary for their operation. Then nobody could copy Lexmark's cartridges, but they couldn't legally sell them in the state either. But their copyright would still be protected.

  30. Ink is the new gold by felonious · · Score: 2, Insightful

    I understand why these companies want to prevent others from stealing this cash cow. You're talking about huge amounts of money just for ink. I can't remember where I read it but there was a story about ink being 3 times more expensive than a fine wine or something like that. Maybe it was here? It's fucking ink so I don't know why it's so expensive.

    It could be all of the companies in collusion with one another to keep the prices high.

    We should boycott Lexmark and while we're at it boycott Epson for being busted by joint tests by several European consumer groups indicating that Epson ink cartridges prematurely block printers from churning out more pages even when there is enough ink to keep going.

    Here's the story on that con

    I think it'd be less painful to my pocket book if they could figure out how to turn my blood into ink from a simple IV...

    --
    You aren't free to do anything, until you've lost everything.
  31. A bunch of toxic garbage by yintercept · · Score: 5, Insightful

    The whole idea in the current market is to sell cheap printers that become mechanisms to sell expensive ink jet cartridges. The goal is to sell as many expensive cartridges as possible; so you find marketers playing stupid games like not filling the cartridges to capacity, etc..

    The result of this is simply a great deal of garbage that consumers have to pay to haul away.

    I doubt that toner and ink cartridges are really the most environmentally friendly things in the landfills. I suspect the fewer we toss out the better.

    My brain fart du jour is that it would be great if industries had to pick up the tab for the garbage they create. Lenmark and other competitors in the industry would have to pay a disposal fee that could be distributed to landfills to cover costs.

    If industry had to pay for the waste up front, there would be a hope that they would design products that create less waste product.

    As you point out, the industry is really about putting ink (which is relatively inexpensive) on paper. All the extra packaging, cartridge parts, etc., that get produced and sold in this game are waste.

  32. price of inkjet cartridges vs printer by magical1 · · Score: 4, Insightful

    This whole industry is based upon one thing. Everyone knows that these companys literally give you the printer only to make the money back on the refill cartridges. If they were to market the printers differntly, go back to making quality machines rather than things that print for a few years then die, and aren't fixing cause it's cheaper to replace we and the enviornment would win. We would get cheaper ink cartridges, and higher quality ink jet printers, thus lasting us a lot longer and saving our landfills and being green in the same process. If the companys were even smarter, they would have a exchange policy for old cartridges, or offer refill kits themselves.

  33. What's good for the goose. by dmaxwell · · Score: 5, Insightful

    Or you could just not buy a lexmark printer. Let the market descide, don't legislate to death.

    I would agree with you except for one thing. Lexmark is using the DMCA to stop people from refilling ink cartridges. There's a crypto widget in cartridge that contains copyrighted info. Can't duplicate it. Can't reset it. Do so and it's "legislated to death time". The best outcome would be taking the DMCA behind the barn and having either the Supreme Court or Congress shoot it through the head. Since the media conglomerates and electronics monopolists won't permit the death of their dream come true, I'll take what North Carolina is doing as a consolation prize.

  34. Re:Wrong by Eric+Smith · · Score: 2, Insightful
    What contract? Does the consumer sign a piece of paper agreeing to this? Or is it a shrink-wrap contract? If the latter, is the package well-marked so that the consumer knows that he or she is "agreeing" to these terms by opening the package or using the cartridge? Or is it buried in fine print somewhere? Do the stores actually carry the "full price cartridge" in addition to the ripoff ^H^H^H^H^H^H^H^H discount cartridge?

    I've never seen these cartridges, but I tend to doubt that Lexmark has gone to any effort to educate consumers that they are entering into any sort of contract.

  35. Re:Let's do it with Apple! by Fareq · · Score: 2, Interesting

    OK, Apple is both a hardware and a software company, correct?

    Apple hardware counts for what, 3% of the consumer market? I don't know for sure, but its at least 2%-ish and not more than 5%-ish.
    Now. Apple makes Mac computers. Mac computers cost more than PCs per unit of computing power.

    Yes, I will grant, for the sake of argument, that Mac's G4 architecture is superior to that of, say Intel's P4 and P4-Xeon.
    But, for approximately the price of a high-end G4 ~1Ghz, I could easily get a 3.06Ghz P4 system, and likely even a dual 2.4 or 2.8 Xeon system...

    Mac cloning would put downward pressure on the hardware prices. Suddenly Macs would not cost thousands of dollars while PCs cost only hundreds.
    Thus, it is likely that Mac hardware would take a larger chunk of the market, perhaps, say, 10-15% of the total market.

    That means that Apple could sell 3-5 times as many copies of the latest version of OS X. And many more copies of all their other software.
    Thus, Apple could become a real player in the marketplace, instead of the little guy on the side.

    And, correect me if I'm wrong, but it would not be a crime (under the DMCA or any other law) to reverse engineer the core Mac architecture and produce a compatible product.

    On the other hand, it would be a violation of the DMCA to reverse engineer the print cartridges in the same manner because the DMCA protects the copyright protected code.

    Oh, and another thing. If you've ever read the text of the DMCA, you will find that it does not prohibit the circumventing of access control mechanisms, but only the circumvention of EFFECTIVE access control mechanisms. (by my reading, IANAL)
    If you can prove that the Lexmark mechanism is ineffective (as stands) then you should be home free as far as circumvention is concerned...
    but the courts have yet to define "effective" here

  36. Re:Let's do it with Apple! by Wyatt+Earp · · Score: 3, Informative

    Actually, Apple used DMCA to keep Other World Computing from patching iDVD so it'd work with other external and internal DVD-RWs

    That's all I found from looking for Apple DMCA and Apple DMCA ROM

  37. Do what was advocated with copy-protected CDs by whatch+durrin · · Score: 4, Interesting
    For a while, people advocated returning copy-protected CDs to the retailer. The same should be done with inkjet printers.

    Get one at Wal-Mart and when the ink runs out - return it and get a new one, complete with a new ink cartridge. Wal-mart employees could care less. Just give some lame-ass excuse.

    If manufacturers want to play this game, let's play! HP & Lexmark will have a new definition for "loss leader."

    --
    ***
    Radio Shack. You've got questions...we've got blank stares(TM).
  38. Getting around supremacy by yerricde · · Score: 3, Interesting

    Seems like North Carolina forgot about a little thing in the Constitution called the Supremacy Clause.

    In general, states can't nullify federal laws, but they can make federal laws much harder to enforce. For example, the City of Arcata banned compliance with the "optional" suggestions of the USAPATRIOT act.

    Federal law, 17 USC 1201: "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under this title." That is, you can't sell devices that defeat DRM.

    Hypothetical state law: "No person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof, that contains one or more technological measures that effectively control access to a work, as defined in Title 17, United States Code, section 1201, if the device's packaging does not carry a conspicuous label that discloses the restrictions enforced by such measures." That is, you can't sell DRM that isn't labeled.

    I don't see a supremacy problem here. The federal law bans black boxes; the state law merely requires labeling.

    --
    Will I retire or break 10K?
  39. One problem with Canon: interoperability by yerricde · · Score: 2, Interesting

    Because of the practical design of Canon's print systems (replaceable print heads with reasonably-priced separate ink cartridges), I strongly recommend Canon inkjet printers to anybody who uses Windows and wants an inkjet printer. However, I've read that Canon has given no help in publishing enough documentation to let Microsoft's competitors develop drivers to make recent Canon inkjet printers work on operating systems other than Windows.

    --
    Will I retire or break 10K?
  40. Protecting their Brand. by jellomizer · · Score: 3, Insightful

    I have seen printers damaged from using 3rd Party Ink. Because they were using the cheap stuff and the fact that their printer broke. They decided that because their printer keeps on having trouble that they wont buy that printer again. While if they used the real ink the printer could have used for many more years. While there are good 3rd party Ink out their. But there are a bunch of Rip Offs that hurt the printer and this is like slander towards the printer maker.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:Protecting their Brand. by jack+torrence · · Score: 2, Insightful

      So, perhaps these printer companies should think about building a better product in the first place and then none of this would happen? Nobody decides that they are not going to buy a certain brand of automobile again because the second set of tires they buy to replace the original ones wear out too fast. So, you saying that the printer companies are the 'victims' Buddy, the subject matter here concerns printer companies that are themselves RIP-OFFs, not the 2nd party resuppliers, no matter how good or bad their refills are. Think it out. Get it together.

    2. Re:Protecting their Brand. by Victa · · Score: 2, Insightful

      Not to mention the cost (to the printer manufacturer) of warranty work to repair damage caused by cheap shitty cartridges (or refills).

  41. There is, but it's not enforced well by yerricde · · Score: 3, Insightful

    The DMCA does contain such a provision, codified as 17 USC 1201(f), but the courts have in effect nullified it in Universal v. Reimerdes by refusing to recognize DeCSS as having been "reverse engineered for purposes of interoperability".

    --
    Will I retire or break 10K?
  42. Re:Let's do it with Apple! by sharkman67 · · Score: 5, Informative

    This is where you are wrong. Apple is a hardware company that writes their own OS and software.

    Apple makes their money on hardware sales. Period. Remeber the clone wars? Power Computing, Umax and the others qucikly developed better and more powerful machines than Apple. This almost killed them. They spent more time and money updating the OS (no profit here) while everyone purchased everyone elses hardware. if Steve Jobs had not come back in the fold and killed the clones Apple wouldn't be here today. Don't get me wrong, I was as pissed off as everyone else when the clones were killed but in the long run I now see it was the right thing to do. This same reasoning goes to why you will never see OSX on x86.

  43. Item you missed... by rmdyer · · Score: 3, Informative

    Somewhere you've glossed over the fact that companies that create disposable junk increase the wear and tear on our natural environment.

    Consider printer ink which you "could" buy by the liter. Instead, now we've got to buy the box, the plastic sealing, and the heavy plastic ink cartridge.

    Waste, pure waste. Lexmark should be held accountable!

    +100

  44. Re:so what is a good one... by caouchouc · · Score: 3, Insightful

    A personal laser printer.
    You can get a good b&w one for about $300, and the toner lasts damn near forever.

  45. Where are the environmentalists... by phorm · · Score: 3, Funny

    when you need them. Because people have exactly this type of attitude. Buy printer... printer sucks down in... find out new ink (colour+b&w) costs nearly as much as the printer, or even more.

    Printer ends up in landfill... I'm sure there are a lot of non-environmentally friendly components.

    So why aren't/weren't the environmentalists all over Lexmark's ass for this... they know it's what happens?!

  46. unlawful undercutting, DRM, DMCA, etc by gad_zuki! · · Score: 5, Interesting

    > Or you could just not buy a lexmark printer. Let the market descide, don't legislate to death.

    A take a couple issues with your statement:

    1. Most, if not all, inkjet vendors practice this. In fact an inkjet vendor that didn't practice this would be cut out of the market because he would have to charge the real cost of the printer. Thus, everyone is undercutting each other and passing the cost in another form. This is arguably anti-competitve behavior and undercutting to drive someone out of business in many situations has been ruled to be anti-competitive.

    2. The consumer may or may not know what ink really costs. Its important to know the mark-up and using ignorance to overcharge on such a level is ethically dubious. Worse, there is nothing the consumer can do except move onto other technologies like laser printers. Now, imagine if the $20 laser printer came out except toner was $150 and it had some BS DRM attached to it. Now what do you do? Move to a copy machine?

    This is simply bad business and even in the US this can be seen as illegal undercutting.

    3. Legislation like the DMCA gives DRM protected ink a ridiculous amount of legislative protections. In other words the law is part of the problem and claiming "dont change the laws" is silly when a law like the DMCA exists.

    1. Re:unlawful undercutting, DRM, DMCA, etc by WCMI92 · · Score: 2, Insightful

      "3. Legislation like the DMCA gives DRM protected ink a ridiculous amount of legislative protections. In other words the law is part of the problem and claiming "dont change the laws" is silly when a law like the DMCA exists."

      The fact that a state, especially one of the most important IT states (North Carolina and RTP) is legislating local exceptions to the DMCA, would suggest great FLAWS in that law... Ones that a true DEMOCRATIC process (process not party) would not allow.

      North Carolina has a LOT of influence. It's the eastern US's Silicon Valley. But not as high tax or as stupid as California.

      --
      Corporatism != Free Market
  47. Problem with the old beasts by frovingslosh · · Score: 2, Interesting
    Try getting that from an inkjet :) Or even one of the newer hp lasers

    The problem with these old beasts is that they stayed powered up and hot to be able to print quickly at any time. OK if you are in an air conditioned office and really doing a lot of printing. However, if you have one one your home system you might not even print every day, but the electricity the thing will cost you to run day in and day out (not counting extra A/C costs) will be a lot more than the cost of a newer lower power printer. The old beasts just were not very "green". Consider the number like yours still in use, and it's a lot of wasted fule and associated polution just to have a printer ideling so that it can print quickly if someone wants to print. And many people (like me) may not have printed anything all day.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  48. important info about copyright law by frovingslosh · · Score: 3, Interesting
    So state law ....Supercedes federal copyright law in North Carolina?

    The thing is, it doesn't have to. Copyright law clearly has an exception for useful articles or things that provide a utilitarian function, so exactly the thing that Lexmark is trying to protect under a claim of copyright is likely voided by this exception. See more details of this here.

    Note also that this same exception might well exclude the "copyrighted" code that Microsoft claims is a copyright violation in X-box mod chips. Copyright was never intended for this sort of thing, and the exception makes it pretty clear that the writers of the law didn't want copyright to be abused this way.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  49. WRONG! by putaro · · Score: 2, Informative

    The Mac ROMs were reverse-engineered long ago using a white-box approach - the publicly available API descriptions from Inside Macintosh were used to get a start and then they just messed with it until it worked. There was a Mac-on-Unix emulator, damn, I've forgotten the name, but it came out around 1990. Apple killed it the old-fashioned way - they bought it, circa 1996. I think portions of it made their way into the Blue Box.

    Apple doesn't license MacOS to OEMs. That's how they keep people from making Mac clones. Most people want to buy a machine with an OS, not a bare box and then have to schlep over to the Apple Store to buy OS X.

    Apple does not have a monopoly on the desktop market. MS does. It's a whole different ball game.

  50. Re:Let's do it with Apple! by ZZ-Type · · Score: 3, Insightful

    Chee, if you did that, you'd have ... a PEE CEE!!!! So if you want a PEE CEE, why not just buy one? You can get one CHEAPER! Go for it, man! Dell operators are waiting for your call!

    --

    Those who forget the past are doomed to repeat it.
    Those who forget the past are doomed ... oh
  51. Putting out the fire with water pistols? by six809 · · Score: 2, Insightful

    You really shouldn't have to do this. How many little laws have to be created to sidestep 'unintended' consequences of the one law to rule them all before it can be declared a Bad Law?

  52. Re:Let's do it with Apple! by banzai51 · · Score: 2, Interesting
    How will this benefit Apple?

    Ever hear of a little company called Microsoft? They only sell the OS. Wait, check that, they only lease the OS. By leaving the hardware to clones, you sell more computers. Soon the profit from selling the OS will far, far eclipse the profit from hardware. In short, Apple would radically expand it's marketshare and make more money.

    How will it benefit consumers?

    Lower cost Macs with the same quality. You got a problem with that?

  53. despite all the negative comments... by MemeRot · · Score: 2, Interesting

    This worked well in germany with toy manufacturers. They were required to pick up the tab for any packaging that ended up in the municipal waste stream. Within weeks the companies were selling just the Barbie doll and not the giant cardboard box and plastic. What, was the Barbie doll going to spoil sitting there?

    What many people don't realize is that a lot of our environmental problems are caused by regulatory environments that allow companies to shove costs off onto the government. When a cost is external, it doesn't affect the company's actions. When the cost is internalized and suddenly it makes economic sense to recycle components and use less packaging, then the environmentally correct action flows naturally. You can't impose environmental requirements that add cost, it doesn't work very well. You CAN make a company pay the real cost of disposing of its waste, and being motivated by profit, get companies to make the right decisions for economic reasons.

  54. Doesn't matter about federal law - no jurisdiction by MemeRot · · Score: 2, Insightful

    This law only applies IN North Carolina, there's no interstate commerce involved. Hence, no conflict with the DMCA or any other federal law because it's not in their jurisdiction. The law doesn't say anything about what goes on in other states, and doesn't affect federal courts. So, what this means is that a local company - one with offices/plants/etc ONLY in North Carolina can make these refill cartridges and sell them like mad. They can't be tried in federal court because there's no interstate commerce, and thus no jurisdiction. Now, a national company couldn't do this, they could still be subject to DMCA suits in federal court - but there's nothing preventing them from spinning off a unit to pursue this market. And of course the company can't sell them across state lines without coming into federal jurisdiction again, so this is no benefit to the rest of us except as a motivator to write our legislatures. If similar laws were enacted in the majority of states (and what voter wouldn't be in favor of this?) then Lexmark's victory in federal court would be largely void.

  55. Re:so what is a good one... by dissy · · Score: 2, Interesting

    Just to share my experence, I purchased a used HP 4mv used for almost $400 about 6 years ago (That was a good price 6 years ago) and a brand new toner cart which was $100 or so.
    Gave it to one of my parents who has never once changed the toner cart on it, and it prints off roughly 200 pages a month every month for her billings, plus a few random pages here and there.
    Text still comes out crisp and black, and it shows no signs of needing new toner anytime soon.
    The things are built like tanks.