Feeds

Lexmark loses round 2 in DMCA chip case

US Copyright Office lands punch

  • alert
  • submit to reddit

Top three mobile application threats

Lexmark has suffered a setback in its attempts to use the Digital Millenium Copyright Act (DMCA) against a firm which makes chips that enable third party toner cartridges to work in its printers.

Microchips from Static Control Components (SCC) do not contravene the DMCA, the US Copyright Office ruled this week.

The US Copyright Office ruled that "section 1201 of the DMCA allows aftermarket companies to develop software for the purpose of remanufacturing toner cartridges and printers", The Globe and Mail reports.

The Copyright Office ruled that current exemptions to the DMCA would allow SCC to market its chip providing it reverse engineered the product rather than developed it by copying Lexmark's design.

Despite the ruling, a preliminary injunction against SCC that prohibits it from marketing chip that allow third party toner cartridges to work in Lexmark printers remains in force, according to wire reports.

Lexmark accuses SCC of infringing its software in Smartek microchips. It is seeking recourse through the DMCA as the chips circumvent Lexmark's technological controls.

Lexmark's case is that Static Control's technology permits the unauthorized remanufacturing of Lexmark Prebate toner cartridges. SCC is countersuing Lexmark with allegations that the printer manufacturer is misrepresenting its products and attempting to monopolise the toner cartridge market.

Although the DMCA allows the Copyright Office to review technologies that permit access to a copyrighted work it is unclear if the ruling against Lexmark will prove decisive in this closely-watched case. ®

Related stories

Lexmark unleashes DMCA on toner cartridge rival
Lexmark wins Round 1 in DMCA chip case
EU tells HP et al to scrap inkjet 'clever chips'
Printer ink seven times more expensive than Dom Perignon
Epson inks: a modest proposal

Build a business case: developing custom apps

More from The Register

next story
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.