Slashdot Mirror
Refilling Ink Cartridges Now a Crime?
Eric Smith writes "The Ninth Circuit has created box-wrap patent licenses. Now the label on the box that says "single use only" is given force of law, and if you refill the cartridge you are liable for patent infringement."
You're an idiot. Those tags cannot be removed before the sale by retailers because they contain information about what materials are in the mattress that consumers have a right to know about. Once you buy them you can do anything you want. That is an example of a GOOD label. Moron.
The cartridges in question are DISCOUNTED so that you return them to lexmark. You have the option of buying a NON-MARKED cartridge which is more expensive that you are free to do with as you please. If the option to buy the full-price cartridge didn't exist, this opinion might have gone differently -- but the contract with Lexmark is valid because they're giving consideration. (Lexmark is reducing the price of the cartridge in exchange for specific performance -- the return of that cartridge to lexmark.)
This lawsuit is a bunch of COMMERCIAL cartridge-refilling companies suing lexmark -- not an end user.
When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
Ahh, they're all relatively insane. At the lowest level of each circuit there are a number of judges who never bother to consider the consequences of their decisions. Instead of prefering to avoid setting precident as most judges do, they hand out awards to whomever had the most compelling agument, regardless of the law. Hopefully this error in judgement will be corrected in the nearly inevitable appeal.
I used up all my sick days, so I'm calling in dead.
If the justice systemn in USA was not so medival and insane, I would have laughed at this ruling, but alas it's true in all it's insanity.
If you mod me down, I *will* introduce you to my sister!
More like,
Thank you for buying a new Stinley(tm) Hammer!
This Stinley(tm) hammer is licensed for use only with authorized Stinley(tm) Nails. Utilization of this hammer with unauthorized nails, or utilization of this hammer with any used nail, or utilization of this hammer in a fashion that does not directly result in the consumption of at least one authorized Stinley(tm) nail per five strikes of this hammer is prohibited by law.
Stinley(tm) nails are available separately, and are licensed per-user per-hammer. Stinley(tm) nail licenses are non-transferrable between users, and are non-transferrable between hammers.
This license to use your new Stinley(tm) hammer may not be transferred, rented, borrowed, or sold.
help me i've cloned myself and can't remember which one I am