Feeds

Lexmark suffers setback in DMCA case

Round three of ink cartridge scrap to SCC

  • alert
  • submit to reddit

The essential guide to IT transformation

Static Control Corp. (SCC) has won an appeal that will allow it to resume the sale of replacement ink cartridges for Lexmark printers pending the resolution of a lawsuit between the two companies. The ruling by the US Courts of Appeals, Sixth Circuit, on Tuesday (26 October) overturns a February 2003 injunction and as is a significant victory for SCC. However, the case is yet to go to trial.

Lexmark filed a lawsuit claiming that SCC’s Smartek 520/620 chips violated the US's controversial Digital Millennium Copyright Act laws in December 2002. In February 2003, Judge Karl Forester issued a preliminary injunction banning the sale of Smartek replacement chips by Static Control Components for the Lexmark cartridges, a ruling now lifted by the appeal court.

“We have asserted from the outset that this is a blatant misuse of the DMCA and the Sixth Circuits’ ruling solidifies and supports our position that the DMCA was not intended to create aftermarket electronic monopolies,” said Ed Swartz, chief executive of Static Control. "Not only is this a victory for our company and our industry, it is a major victory for the consuming public and American companies."

The appeal court's ruling can be found here (PDF). The Electronic Frontier Foundation has published background on the case here. ®

Related stories

Lexmark unleashes DMCA on toner cartridge rival
Lexmark wins Round 1 in DMCA chip case
Lexmark loses round 2 in DMCA chip case
Printer ink seven times more expensive than Dom Perignon
EU recycles Lexmark ink cartridge probe

Secure remote control for conventional and virtual desktops

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Call of Duty daddy considers launching own movie studio
Activision Blizzard might like quality control of a CoD film
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
prev story

Whitepapers

A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?
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.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.