Feeds

Lexmark suffers setback in DMCA case

Round three of ink cartridge scrap to SCC

  • alert
  • submit to reddit

3 Big data security analytics techniques

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

High performance access to file storage

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.