Feeds

Lexmark suffers setback in DMCA case

Round three of ink cartridge scrap to SCC

  • alert
  • submit to reddit

Security for virtualized datacentres

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

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
DOUBLE BONK: Testy fanbois catch Apple Pay picking pockets
Users wail as tapcash transactions are duplicated
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.