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January 13, 2003

DMCA: Extensions ad Absurdum

In today's Boston Globe, Hiawatha Bray reports on an example of why the DMCA needs to be thrown out. Lexmark printers look for a particular chip embedded in ink cartridges. Without that chip, the cartridge won't work, thus forcing owners to use only Lexmark brand cartridges. Static Control makes chips that enable third-party toner cartridges to work in Lexmark printers. Lexmark is suing Static Control contending that

"any attempt to circumvent its killer chip system violates the DMCA. The Static Control chip lets a user access Lexmark's printer software without Lexmark's permission, and is therefore illegal."

So a law designed to keep hackers from distributing stolen digital merchandise is now a law against using a different brand of toner cartridges."

Bray points to a future in which you can only replace Ford parts with Ford parts and you can't plug a Kenmore appliance into a Whirlpool-networked house. But that's ok, because by then we'll all be using Disney appliances anyway.

You can read Bray's column here today and here tomorrow.

Posted by D. Weinberger at January 13, 2003 10:36 AM


Comments

Well one thing we know from the US Supreme Court is that a manufacturer can't force people to buy supplies for its products without the prospect of violating the anti-tying provisions of Antitrust law. This is the less of the Kodak case. Granted here the tying is being accomplished through a technical foil rather than a contract, but the effect is the same. If that's what's going on then I would look for a counterclaim against Lexmark seeking treble damages. But maybe I'm missing something (I ususally am).

Posted by: Ernie | January 13, 2003 01:18 PM


Very interesting this "history" in this time.
Don John, Llogin Suchmaschinenoptimierung

Posted by: Suchmaschinenoptimierung | June 28, 2004 11:38 PM


I totally agree with what you're saying. I wish more people felt this way and took the time to express themselves. Keep up the great work.

Chris Scanlon
http://www.copiersbargain.com

Posted by: chris [TypeKey Profile Page] | January 25, 2006 11:18 PM


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