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U.S. Supreme Court Refuses to Hear Lexmark Case
wallykeyster writes " The U.S. Supreme Court has rejected Lexmark's petition for certiorari in its long and bitter battle against North Carolina-based Static Control Components (SCC). For those out of the loop on this one, Lexmark tried to lock in consumers and lock out competition by adding code to their printers and toner cartridges so that only Lexmark toners would work. SSC defeated their monopolist technology and began selling the off-brand chips to aftermarket toner cartridge makers. As discussed here earlier, in mid-February Lexmark was dealt a defeat by the United States Court of Appeals for the Sixth Circuit, who denied Lexmark's request for a rehearing. Other related threads here, here, here, here, and here." The story is on the AP Newswire as well.
The specific clause from the DMCA is thus:
I'm not a lawyer (duh), but my reading of this says that the case of Compaq reverse engineering the PC BIOS would have also been legal, as long as they didn't publish their findings. (Which I believe that they did.)
It's important to understand that Congress intended the DMCA to protect digital anti-theft devices, not stop users from using their own software. The issue at hand is that the law was written before the full implications of computer technology and copyrights were fully understood. The bright side is that the actions of the MPAA, RIAA, and Adobe have gone quite a ways toward demonstrating how the market planned to abuse the law. While I doubt that we'll see the DMCA repealed, I seriously doubt we'll be seeing any new restrictions any time soon.
Javascript + Nintendo DSi = DSiCade
Perhaps someone could manufacture a disposable printer? Then, they dont have to worry about cartridges, etc.. In fact, I find it cheaper to buy a new printer than mess with cartriges (i.e. if I use the Manufacturer's cartridge - not after marktet fillers, etc).. Just a thought...
The Supreme Court gets probably 100x more petitions per year than it could ever choose to hear. So being denied a hearing by the Supreme Court is not in itself particularly revealing about the merit of any one case.
However, you can be sure that when the court does take a case, that it involves all of the following: 1) a fundamental question of law, 2) that is being inconsistently decided by lower courts, and 3) that is ripe for adjudication by the Court (based on sufficient instances of the problem to guide them).
So, this particular case could have failed for any number of reasons. It probably does not involve any spectacular question of law -- the lower courts are well-equipped to decide the issue. So it is not so much a stinging defeat for this company, as it is a final forclosure of legal options in a matter that was already practically resolved.
Any lawyer who tells you that "we'll take this all the way to the Supreme Court" and expects to even get it heard, is full of it.
Of course, if you read the actual article and paid attention to the summary, it was the Supremes that denied the recent petition for a writ of centorari...but that's probably asking too much of someone who has nothing positive to add to the thread so instead decides to nitpick (and get it wrong to boot).
Certiorari: A writ from a higher court to a lower one requesting a transcript of the proceedings of a case for review.
It's my printer, I want to use what ever ink I want.. With a chip that prevents me from using the type of products I want together with their products they make me feel like I am renting their printers under some very rude terms, not buying them with the rights that normally follow a purchase. It is almost as bad as a DVD player not wanting to play any kind of DVD you put into it.. oh wait, that IS the case with zone-enabled DVD players..
9/11: Never forget it was a false-flag operation
This will start us down a dangerous, slippery slope: first SSC will start making cartridges for all Lexmark and other printers. Then people will start using those $9 refill kits instead of buying new cartridges that cost O(new printer).
The next generation of our youth will think nothing of using free software instead of paying for the commercial kind. People may even start bicycling or - brace yourself - walking to work. Civilization will come to a halt.
</irony>
Every once in a while, my faith in The System gets a little boost.
sigs, as if you care.
Because that would ruin the Gilette business model. Printer manufacturers are subsidizing the cost of the printer with the cost of the ink (more expensive than Dom). That's why they deliberately package half-tanks in with the printers.
Inkjet printing is a subscription business. You pay a small amount upfront ("printer cost", though if you get it on special, usually nil). Periodically, you "renew" your subscription by buying ink. Refilling used to be a problem, but with chips like these, well, it's not a simple 5-minute job anyone can do with a syringe anymore.
Same goes with most consoles and games. Razors and blades. Cable TV boxes. Cell phones. etc.
That doesn't mean there aren't options. Besides 3rd parties, there are companies that make modified ink tanks that draw their ink from external reservoirs (with half-liters of ink). Slightly big and unwieldy, but works for those poster-prints printer manufacturers always want you to do. (Do those ink cartridges contain enough ink to do a regular poster print without running out halfway through?).
Printer companies HATE aftermarket cartridges. Lexmark wants to kill that competition via lawsuits. HP does it a smarter (albeit similarly devious) way. Make your cartridges incompatible by constantly releasing new printer models with new cartridge interfaces. The latest HP inkjet models with the HP 94/95/96/97 cartriges are just the latest example of this tactic.
But eventually it will reach its end. And then the DMCA is gone. That's because your (the US) constitution in on your side. Indeed, the US clearly states that authors and inventors should only be granted "exclusive rights" if that promotes the Progress of Science and useful Arts. That's a good thing.
Now imagine you had a constitution which would grant intellectual property owners unconditional protection. Imagine, that instead of saying ... to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. it just said intellectual property shall be protected period!
In that case, you'd be up shit creek without a paddle fighting the DMCA.
Now imagine you had a choice. Imagine you were asked to either accept such a flawed constitution or to reject it. Would you accept it?
Now, imagine that Bush threatened to resign if the constitution containing such a paragraph was rejected, saying in no uncertain terms that it would be a matter of common political decency to resign rather than be president of a country where intellectual property would not be protected 100%. Would you still reject the constitution? Or would you be cowed into accepting such a flawed document, for fear of losing your beloved president? Or would you rather rejoice at the prospect of having an easy way to ditch that village idiot ;-)?
In the next couple of months millions of EU citizens will be offered this choice. Millions of others won't be asked. If you are among the lucky ones that have a referendum, chose wisely. The EU constitution does indeed say, in article II.77.2, that intellectual property shall be protected. Nothing else. No limits to institutional greed. Some still think that it is in their best interest to say yes. Don't be fooled, and read the treaty before you sign it. The French and Dutch already have made up their mind.
Europe yes, but not with this constitution!
Say no to software patents.
NEVER BUY A LEXMARK!
in addition to being an inferior printer, they also don't fly very well. i threw mine out of our 3rd story window and was quite dissapointed by its aerodynamics.
--- blackironprison, where ignorance is bliss....
The recent medical marijuana decision was interesting because of the dissenters.
O'Connor, Rehnquist and Thomas dissented on the ground of States Rights.
The others, including Scalia(!) ruled that medical marijuana (grown for one's self, in one's home, not taken out of state) can be regulated under the Interstate Commerce Clause.
Just thought it was an interesting side note, given the parent post.
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.