FC: EFF files amicus brief in Lexmark v. Static Control lawsuit

From: Declan McCullagh (declanat_private)
Date: Wed Jul 02 2003 - 17:18:13 PDT

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    Date: Wed, 02 Jul 2003 15:19:23 -0700
    From: Will Doherty <wildat_private>
    Subject: EFF: Electronic Frontier Foundation Defends Printer Cartridge
    	Co., Opposes Printer Manufacturer's Broad Copyright Claims
    
    Electronic Frontier Foundation Media Release
    
    For Immediate Release: Wednesday, July 2, 2003
    
    Contact:
    
    Wendy Seltzer
       Staff Attorney
       Electronic Frontier Foundation
       wendyat_private
       +1 415 436-9333 x125 (office), +1 914 374-0613 (cell)
    
    Cindy Cohn
       Legal Director
       Electronic Frontier Foundation
       cindyat_private
       +1 415 436-9333 x108 (office), +1 415 307-2148 (cell)
    
    
    Electronic Frontier Foundation Defends Printer Cartridge Co.
    
    Opposes Printer Manufacturer's Broad Copyright Claims
    
    San Francisco - The Electronic Frontier Foundation (EFF)
    today asked a federal appeals court to rule that a company
    can examine a competitor's technology in order to
    manufacture printer toner cartridges compatible with
    Lexmark printers without facing a copyright lawsuit.
    
    Printer maker Lexmark had sued, claiming that cartridge
    remanufacturer Static Control Components circumvented
    Lexmark's access control technologies and infringed its
    copyrights by "reverse engineering" its printer toner
    cartridges. Static Control produced replacement microchips
    that enabled resellers to refill toner cartridges and sell
    them more cheaply.
    
    Lexmark cited provisions of the Digital Millennium Copyright
    Act (DMCA) in the lawsuit. The district court ruled in
    Lexmark's favor, then Static Control appealed to the Sixth
    Circuit.
    
    EFF today filed an amicus brief to the appeals court
    supporting Static Control.
    
    "Whether you like or hate the controversial DMCA, Congress
    never intended the law to shield printer manufacturers from
    competition in toner cartridges," said EFF Staff Attorney
    Wendy Seltzer. "The Lexmark lawsuit shows how far copyright
    law has strayed from its original foundations, that is, 'to
    promote progress of science and useful arts.'"
    
    EFF's amicus brief continues the EFF tradition of defending
    the rights of technologists and innovators. The brief argues
    that manufacturers should not be able to use the law to
    thwart interoperability with their products, because reverse
    engineering is protected fair use of copyrighted programs.
    
    For this release:
    http://www.eff.org/Cases/Lexmark_v_Static_Controls/20030702_eff_pr.php
    
    EFF amicus brief in Lexmark v. Static Control:
    http://www.eff.org/Cases/Lexmark_v_Static_Controls/20030702_eff_amicus.php
    
    EFF Lexmark v. Static Control archive:
    http://www.eff.org/Cases/Lexmark_v_Static_Controls/
    
    EFF Reply Comments to Copyright Office, supporting Static
    Control (Adobe PDF file):
    http://www.eff.org/IP/DMCA/Lexmark_v_Static_Controls/SCC_031003.pdf
    
    
    About EFF:
    
    The Electronic Frontier Foundation is the leading civil
    liberties organization working to protect rights in the
    digital world. Founded in 1990, EFF actively encourages and
    challenges industry and government to support free
    expression and privacy online. EFF is a member-supported
    organization and maintains one of the most linked-to
    websites in the world at
    http://www.eff.org/
    
                                -end- 
    
    
    
    
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