Feeds

Lexmark loses round 2 in DMCA chip case

US Copyright Office lands punch

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

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

Security for virtualized datacentres

More from The Register

next story
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Spies, avert eyes! Tim Berners-Lee demands a UK digital bill of rights
Lobbies tetchy MPs 'to end indiscriminate online surveillance'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.