Richard Hoffbeck wrote:
> It isn't just HP that uses that strategy on the low-end inkjet market. I 
> recently grabbed a Lexmark on close-out at Target for $18 and paid 
> another $20 to Best Buy for the black cartridge (the printer only came 
> with a color cartridge).  And usually the cartridge that comes with the 
> printer is fairly low yield. I think my HP Photosmart printer 3 8x10 
> photos on the included cartridge but could do 50+ with the refill.
> 
> This is why Lexmark was suing 3rd party cartridge manufacturers. The 3rd 
> party guys were implementing chips for the cartridges to identify 
> themselves to the Lexmark printers and Lexmark claimed the 
> cartridge->printer interface was covered under DMCA. The money is in the 
> 'usables'.
> 
> --rick
> 
> 

Interestingly enough I just saw good news today on this front on 
Cyberia-L. Apparently the decision in favor of Lexmark was struck down 
on appeal. This means good things not only for the printer cartridge 
market but for technology in general. One more chink in the armor for 
the DMCA.

<begin forwarded message>

Subject:[CYBERIA] Favorable Decision in Lexmark v. Static Control
From: Andrew Sitzer <sitzer at USC.EDU>
Date: Tue, 26 Oct 2004 15:52:19 -0700
To: CYBERIA-L at LISTSERV.AOL.COM

Hey All,
  Happy Day! Static Control has won its appeal against Lexmark, allowing
them once again to sell their printer-cartridge chips... Interesting
reasoning -- most of note is that the DMCA "does not apply" because
"Lexmark's authentication sequence does not restrict access to [the]
literal code."

http://lawgeek.typepad.com/04a0364p-06.pdf

Also, great concurrence, "We should make clear that in the future
companies like Lexmark cannot use the DMCA in conjunction with copyright
law to create monopolies of manufactured goods for themselves just by
tweaking the facts of this case: by, for example, creating a Toner 
Loading Program that is more complex and .creative. than the one here, 
or by cutting off other access to the Printer Engine Program."

Also cited Larry Lessig in his analysis of fair use, insofar as it 
simply means the right to hire a lawyer to defend your right to create." 
:) How True!

-Andrew Sitzer

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