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U.S. Court: Lexmark Can Tie Rebates To Refills

Posted by timothy on from the how-conveeeenient dept.

SteveOU writes "Lexmark won a favorable judgement in its attempt to prevent competitors from refilling its cartridges. The judgement, issued by Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California, was a big loss for 'the rest of us,' reading in part "Because of its patents, Lexmark has the right to impose conditions on the sale of its patented product. It may restrict a purchaser's ability to repair it, which is what in essence the single-use condition does." What now? Will GM prohibit unauthorized repairs of its patented car components?"

6 of 365 comments (clear)

  1. BMW does it by TekkaDon · · Score: 3, Informative

    At least for BMW's Mini car here in Spain. If you buy a Mini and try to repair it outside an official BMW/Mini repair shop or install anything that is not officially sanctioned by BMW, your guarantee will be void.

    So with that information, either you buy the car or you don't, but you can't hardly complain if they explain this to you when you buy the car. It's their way or the highway, with another car.

    So, like with the Lexmark (if they also warn the potential buyer), the choice is in the consumer hands.

    j.

    1. Re:BMW does it by kfg · · Score: 3, Informative

      Oddly enough this tactic was tried many, many years ago here in America and declared illegal.

      You can have your car serviced anywhere you like, or do it yourself, and it doesn't void your guaruntee.

      This is not to say it won't effect your guaruntee. If you put full race cams and a cheap turbo on your car and blow the engine up that isn't due to faulty design or manufacturing. Buy a new engine.

      But if you have your oil changed at Jiffy-Lube and a con rod fractures that's a defect and they can't get out of it by saying they didn't service the car.

      This doesn't mean that there aren't unscrupulous dealers who will claim otherwise, but that's why they're unscrupulous.

      That's what makes this particular rule somewhat puzzling. It flies in the face of decades of case law and centuries of American legal and cultural tradition.

      Most puzzling about it is the way it overreaches the actual issue at law.

      Ah well. That's why God invented Appellate Courts I suppose.

      KFG

    2. Re:BMW does it by barzok · · Score: 4, Informative

      It's called the Magnusson-Moss Warranty Act of 1974. Anyone who's into repairing or modifying their own car should be be aware of it. Also see SEMA's page on the issue.

    3. Re:BMW does it by kfg · · Score: 3, Informative

      And that act, like many consumer protection laws, is merely the legislative codification of case law that predates it by decades.

      KFG

  2. Boycott Lexmark by gvc · · Score: 4, Informative

    I have boycotted Lexmark for some time due to their gouging on refills. I am also proud author of an expose on how to use Samsung cartridges in a Lexmark E210 printer, at 2/3 the cost.

    I wonder if use of a Philips screwdriver violates the DMCA? The modification involves removing a tab in the printer that matches a slot in the cartridge casting. I suppose this could be considered a digital rights management device.

  3. Re:It's even worse than you describe! by Anonymous Coward · · Score: 5, Informative

    I call bullshit.

    I have a little OBD-II code reader / clear unit in my glove compartment. Plug it in to an OBD-II vehicle (into the government-mandated owner-accessible standard connector), turn on ignition, watch scanner display any codes. Clear codes.

    There are proprietary extensions, but the availability of cheap computer diagnostics makes it easier to repair cars than it was 10-15 years ago. You can identify failing components more easily, or determine if the "Check Engine" light was just set by a fluke condition. Yes, the dealers have sophisticated tools; in many cases, a cheap tool has 90% of the functionality.

    Back in the '70s-'80s, a home mechanic needed a good timing light, tach/dwell meter, and a circuit-tester or that exotic device, a multimeter. If you want to work on your own vehicle, you're going to need some tools. Your brother has probably only been trained on dealer-level equipment & procedures. A competent home mechanic can do most of the work on their car. I know, because I do. I've troubleshooted overheating transmissions, ignition problems, failing oxygen sensors. You do have to make an effort to understand what you're changing; just as tuning a '60s 4-barrel carb was very different than tuning a 1-barrel.