--- 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- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. ------------------------------------------------------------------------- To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
This archive was generated by hypermail 2b30 : Wed Jul 02 2003 - 17:34:26 PDT