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Toner Cartridges new DMCA victim
Posted by
CmdrTaco
on Sun Jan 12, 2003 08:49 AM
from the and-it-continues dept.
from the and-it-continues dept.
anarkhos writes "Lexmark leads the curve by being the first to invoke the DMCA to prevent 3rd parties from making Lexmark-compatible toner cartridges." It's gonna get worse before it gets better. Update: 01/12 14:13 GMT by J : Yep, it's a
dupe;
see
here
and here
for more info; for more on the DMCA, see
our next story
;)
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Duplicate story (Score:3, Insightful)
more info (Score:4, Informative)
Re:Yes, but you won't see this pearl of wisdom the (Score:2)
Heh (Score:5, Funny)
Re:Heh (Score:2, Interesting)
"Legal", but Smart?? (Score:2, Interesting)
Maybe they could do that, but why would they want to? Would anyone really buy a car that required you purchase their (higher-priced) gasoline?
Maybe from a technical/legal viewpoint, Lexmark has the right to do this. But personally I believe it's a poor business decision. It's not like they're knocking anyone dead with the quality of their printers as it is.
Re:"Legal", but Smart?? (Score:2)
Indeed. But then, they don't make their money on the printer. They make it on selling toner cartridges
Re:"Legal", but Smart?? (Score:2, Insightful)
And now that someone else is trying to take this market away from them, they run crying to the courts.
Seems like more and more companies/industries believe it is the responsibility of the courts to ensure their business models remain effective, and profits guaranteed. A shame, really.
Re:"Legal", but Smart?? (Score:3, Interesting)
business models remain effective, and profits guaranteed.
They paid good money to get their self-serving laws (e.g. the DMCA) passed, so of course they expect a return on their investment. This is the sort of thing that should be expected when money becomes more important than votes in politics.
Re:"Legal", but Smart?? (Score:3, Interesting)
Answer: Because the printer's cheaper than the alternatives.
If Ford were to release a car that ran on Ford fuel only, but it cost $1000 for the car, which was comfortable, speedy, and safe, do you think they'd be completely unsuccessful?
Ford would, of course, need to make it easy to obtain "Ford" fuel, and it's the logistics of this that makes it difficult at this point for Ford to go ahead with such a scheme. But I don't think the scenario is as unlikely as you suggest, especially if Ford could find some way of packaging up 20 gasoline-gallons worth of energy into a brick sized unit that could be sent in the mail.
Re:already happening (Score:5, Informative)
The catch? They give you a card you can use like a credit card at only one type of gas stations (total-fina-elf associates), and each time you fill your car, you have to enter the odometer reading on the keypad. If you put another brand of petrol in, then you lose the remainder of your free petrol because they can detect you suddenly got a large increase in kilometrage between fillups.
Its the same as a rebate, but tied into making you a habitual customer of their partner gasoline company.
When you sign up for the free petrol offer, you agree they can share the data with their "business partners". They are approaching other companies offering detailed marketing data on buyers, on things like geographic usage (people who drove to the south of spain 3 times this year, etc). They can also track the consumption of petrol quite accurately over a large sampling of their vehicles, which probably gives their engineers more data on fuel efficiency as motors wear over the first two years.
the AC
Parent
Re:already happening (Score:2)
No problem... if they are relying on you to enter a number into their keypad, just enter the number they expect to see.
Dont laugh.. its coming ( for tires and such ) (Score:2)
"
Chipping of tires? Being done... (Score:2)
The tech consists of a reader and an RFID chip cured into the rubber of the tire. They say it is for tracking tires and life-use reasons, etc. But who is to say what you propose couldn't happen? All it would take would be a similar reader sensor connected up to a lovely ODB-III (read up on that if you want more lovely car news) system - and there you go: computer reads the tire, won't let you start the car after you turn it off (ie, the tire is read as it turns, sensor in wheel well, but unless they are real a$$hats they will wait until the car is shut off before giving you the message - heh, probably after getting the car home from having the tires replaced)...
I know others have posted about car companies teaming with fuel companies to sell gas for a car (free gas, supposedly), using odometer readings, and a special card. But think about this:
What if a sensor could be made that could "read" the gas in the tank (or as it flows through the gas line) and it reads a marker in the gas (pehaps encoded in the fuel chemical chains or something - kinda like a DNA encoding), and unless it is a certain gas, refuses to start the car (locks out pump, electrical, etc in the car)? Sure, you and I would take the sensor and put it in a sealed container of the special fuel, but most people wouldn't know how to do that, or wouldn't want to try - so what about them? Instant "closed" car fuel system, with the auto manufacturer getting kickbacks or something from the fuel companies (well, almost)...
Re:Chipping of tires? Being done... (Score:2)
there is 2 kiends of diesel oil, one with tracer chem and one without, the one with the tracer chem is cheaper(less tax, for running appliances/work machines/heating.. whatever), but is only allowed to be used in selected few engines(app/work/etc/prof.trucks..).
both oils are (about)exactly same otherwise.
if you get caught by running the cheaper non-that-much taxed oil on your regular diesel car.. then you are going to pay a hefty sum of money when they catch you(yearly inspections&random on-the-road inspections for this..). supposedly the chem lasts in the tank quite a while.
Re:Chipping of tires? Being done... (Score:2)
Damn, shame I don't live in finland! I could have loads of fun...
Re:Chipping of tires? Being done... (Score:2)
actually, that sounds like a good plan.
and also make sure that your car is on the parking lot too, then announce what you have done somehow, and you get off the hook of driving with non-that-taxed-diesel-oil!
Damn... (Score:5, Funny)
In other news (Score:5, Funny)
Yo (Score:2, Interesting)
What Lexmark doesn't realize is that if there's lots of cheap toner cartridges for their printer, the educated buyer will buy their printer over others with the realization that it's upkeep costs will be lower.
STUPID LEXMARK! GO JOIN MICROSOFT!
Nyeh, so anyway...
Re:Yo (Score:2)
Let me speculate here. I suppose Lexmark probably doesn't derive as much of its profit from the printers themselves as from the sales of cartridges, since depending on usage, you'll have to replace catridge more often than the printer. Consequently, the ability to use 3rd-party cartridges cuts into that revenue stream.
Best thing would be to work out an agreement where Lexmark allows anyone's cartridge to be used and Lexmark gets some licensing fees or whatever.
Re:Yo (Score:2)
And how exactly did they "choose" this model ?
Oh, and BTW what 'model' ?
Are you suggesting they raise their prices on printers ? or lower their prices on cartridges ?
I don't think any company would want to do the former. As for the latter, they probably have overheads (like research) that the cheap 3rd-party manufacturers don't have.
Re:Yo (Score:2)
Is this printer free as in speech rather than as in beer...?
(Which I always thought was a bloody stupid way of wording it. You can speak for as long as you want and nobody will charge you a penny for doing so, but if you dilvulge government secrets, incite violence, or attempt to defraud, you'll be hauled off to the slammer faster than you can say "GNU/Linux". Likewise, beer never costs nothing. It simply doesn't. However, I've yet to see any EULA on a can of Bud. You can drink it however you wish. If you want to reverse engineer the stuff and produce a close approximation, you can - indeed, some of the smaller breweries would even encourage you to do so.)
Mmmmmmmmmmm beer.
How about reprogramming? (Score:3, Interesting)
I wonder if this would also be considered "circumventing a media protection technology"?
Re:How about reprogramming? (Score:2)
Crappy products but inovative lawyers (Score:2, Insightful)
...but there's a follow up (Score:3, Informative)
Story here [theinquirer.net]
Looks like Lexmark won round one. I hope they don't get too much further.
At any rate, this is just *another* example of how stupid the DMCA is and how it's being used way out of its scope.
How many more examples do we need? Geez..
Re:...but there's a follow up (Score:2)
Solution: sue someone with standing to show that this law is constitutionally vague. Lexmark looks like a good target.
IIRC, the whole point of the DMCA was to prevent piracy -- so lots of lawmakers claimed, & so the lobbyists who shovelled them lots of money claimed.
As we have seen in this article -- & others -- this law is being abused to prevent competition, & thus labelling people who have a legitimate reason to reverse engineer devices as ``criminals" or ``pirates". Which is clearly not the intent of the law.
(Someone with a law degree could probably hone this to a far more serviceable point. But I Am Not A Lawyer.)
Then, there is the problem of raising the money to make this suit work. And hoping that it lands before enough judges who have a clue to agree that this thing is unconstitutional. I'm under no illusion that it would be far cheaper & easier to simply repeal the law.
Geoff
No hope (Score:2, Funny)
On what basis do you make the claim that it will get better? You seem to forget that corporate puppets made this law. Only in the fires of Mount Doom can it be unmade.
So that means... (Score:4, Funny)
I'm all for that!
Parent
I hope you know... (Score:2)
Since were one the subject... (Score:2)
Okay, we're talking about duping a story about duping toner cartridges...
you better run this one past the legal department just in case.
Glad to see you're enjoying time w/ your wife, Rob (Score:3, Interesting)
I, on the other hand, was bored enough to read this article [slashdot.org] here a few days back. Perhaps I should aspire to have a life the way you seem to.
While I have you attention, I wish there was some way to encourage people to post smart things to older articles. There was an article [slashdot.org] about DNS a day ago; alas, I did not have time when the article was posted to post anything more than a single rant; I now have finally gotten enough time together to write a number of actually useful postings [slashdot.org]; which, because of my timing, will not get read.
This is what I prefer about Usenet; if someone has something worth saying, but it takes them a week to say it, what they say will have an audience. Slashdot, on the other hand, has a 1-2 hour time frame for someone to post an comment on a given topic before it goes off the front page.
- Sam
Re:Glad to see you're enjoying time w/ your wife, (Score:2)
My gut instinct is that Slashdot stores comments to articles in such a way that sorting artcles based on activity is non-trivial. Personally, I prefer the scoop engine, which has less editor control and more encourages people to post to older artcles.
- Sam
in Europe, 3rd party cartridges will be the norm. (Score:3, Informative)
I don't know anything about European copyright acts, but it would seem, this doesn't go well with a, above mentioned, DMCA like law. Anybody got any insights on this?
Re:in Europe, 3rd party cartridges will be the nor (Score:2)
The European Parliament approved a directive that requires member states to prohibit devices that are specifically designed to prevent re-use or recycling. It is part of a directive about recycling waste from electronic systems, and say absolutely nothing at all about monopolies.
The European Parliament Daily Notebook : 18-12-2002 [eu.int] has an item on the directive. Note that although "printer cartridges" are mentioned in the daily notebook, and in various reports of the discussions, they are not specifically mentioned in the product design part of the directive.
This may actually be great news... (Score:5, Insightful)
The real problems with the DMCA are the sections which prevent circumvention of devices (or methods, etc.) which control access to a work. This effectively gives copyright holders a new right, the right to restrict access. This is not among the rights granted by the copyright statute (right to copy, distribute, perform, etc.) These sections, in reality, mean that the copyright holder can prohibit you from accessing their works, even after you have purchased a legitimate copy, as exemplified by the DeCSS case. It is quite possible that being able to restrict access to a work contradicts the purpose of copyright as stated in the Constitution: "To promote the progress of science and the useful arts." If access restrictions are contrary to this constitutional policy, they may very well be unconstitutional. And this is the perfect case to illustrate that.
Lexmark is claiming that these replacement cartridges allow access to some code which resides on boards within the printer and not on the cartridges themselves. This is the focus of their circumvention argument (they also argue that these cartridges contain actual copies of other code, but that is purely a traditional copyright problem). Thus, Lexmark is claiming that even though you bought their printer, you don't have the right to access their code unless you're using their cartridges. This is not a case where Lexmark is worried about copying or piracy. The 2600 case involved both access and copying (sort of) but the court was too stupid to look past the piracy rants of the MPAA and see the problems with the access restrictions. Here, we have a perfect case to illustrate why the entire access control section of the DMCA should be declared unconstitutional, without worrying about claims that piracy of digital works will cause the downfall of western civilization.
Of course, even if the access control sections were removed, copyright holders could still create hybrid control systems which prohibit both access and copying. These could then still be enforced under the anti-copying provisions. But, we can save that fight for after a court has noticed the distinction between access controls and copy controls. Then we might have a chance to win.
Thanks to Lexmark for bringing a perfect case for those of us who want to see the DMCA destroyed! (By the way, IANAL in the technical sense, but I do have a law degree in addition to a computer science degree.)
-Tim Watson
actualy (Score:2)
as a manufacturer i would be very pleased if the first thing the consumer did when their initial (starter or full) cartridge runs out of toner is for them torun out and buy a re-manufactured cartridge and put it in the machine. as this voids the warranty on nearly every brand of printer out there. thus meaning i only need the printer to last past the stores return policy.
get it in writing please. (Score:2)
That's a violation of US anti-trust laws. Get the refusal in writing or get your money back.
Re:get it in writing please. (Score:2)
Shooting themselves in the foot (Score:2)
Lexmark, HP, and the other printer mfgs: YOU SUCK! (Score:4, Interesting)
I am absolutely SICK AND TIRED of buying a printer for, say $99.00 and having to pay $33.95 for a tank of color and $29.95 for a tank of black. (Stuff the comments about "that's just the business model" -- company store scams aren't a business model, they are a racket) Just make the damn cartridges refillable already.
As far as toners and laser printer parts that have predefined failure points, it's a total rip off. Why can't the printer business just make the best damn printer they can, and sell me on quality and the economy of operating their stuff. I don't care about how hi-tech your cartridges are. I don't even care that by replacing my printhead with the cartridge, I get optimum print quality. I want to replace the print head WHEN IT WEARS OUT. I don't want to buy a $250 developer unit when the one I had worked fine on page 10,499 and the engine clicks over to 10,500 pages. I want to replace "consumable" and worn out parts when they are expended!
Finally, $30 for 2.8ML of black ink is a rip off. I can get a gallon of ink for $5.00. Toner - my god that stuff is cheap when bulk packaged outside the combo drum/developer cartridge.
Lexmark: drop the lawsuit. I know you all just want to rip your captive customers off, but can't you figure out how to make money by say MAKING A BETTER PRINTER!????
BTW: I have a Lexmark inkjet. Great print quality BUT it costs $.33/page because the cartridges cost $60 and last 200 pages. My favorite feature is the "clean the printhead" option... It never fails to take 10-20 pages of life out of a cartridge and it NEVER works the first time I use it, forcing me to run the self-clean again and waste another 20 pages of ink!
I want a decent color printer that I can print for $.10 per page. And no chips, counters or hermetically sealed, kevlar-armored, heat treated steel covered unrefillable cartridges!
They went out of business (Score:2)
I suppose selling us 3 printers over 15 years just didn't pay their wages.
ObTopic, if we explicitly allow anyone to make consumables for printers, I think we'll very quickly start to see the actual cost of printers reflected in their price. I'd rather pay that cost than subscribe/legitamise the razorblade model.
Xix.
Re:They went out of business (Score:2)
Re:Lexmark, HP, and the other printer mfgs: YOU SU (Score:2)
better solution: don't do it (Score:3, Interesting)
It sucks to see that printer manufacturers are stooping to this level. I have to maintain something on the order of 50 HP laserjet printers (I won't count the deskjets, maybe 100?). People don't like paying $80 for an HP toner cartridge when they can get a recycled HP for $40 or an off brand for $30. HP has nothing to worry about.. EVERYTHING ELSE SUCKS.
Most people opt for the $40 recycled cartridge. It's an HP cartridge that's been cleaned and refilled. Most of the time these things leak toner, occasionally requiring printer cleaning. When the users get the bill for printer cleaning, they see why I tell them to only buy the real thing.
Generic cartridges are even worse. At least with the recycled there's a warranty on them, if you get them in a shoddy condition you can usually send them back. I've used 4 different flavors of generic cartridge. Most of them either leak toner (accompanied by a cleaning bill sometimes) or in some cases just break apart. I had a user who went through 3 cartridges in one day, she'd print about 200 sheets and then the printer would start making a crunching sound and little plastic pieces would start flying out. Yup, toner cartridge broke apart. No warranty. You're out $30x3 because you went with a non-HP toner. Do the math, it's a bad deal all the way around.
I say go ahead and use your el-cheapo cartridges, you'll get what you paid for
Re:Reminder? (Score:5, Interesting)
If so, it makes sense to repost stories of major significance.
Think of Slashdot like a soap opera. Major plot twists need to be repeated for the benefit of sporadic listeners.
Parent
Re:Reminder? (Score:3, Funny)
Oh, Cry me a fucking river! (Score:2)
It's a World Expo, not an "OMG 1337 CHEX0r mY BoX3n!" enthusiast site. Whoever designed the site for the venue, runs a dedicated IIS off of Verio [verio.com], and hosted it accordingly.
It renders just fine in Phoenix/RH8
Re:I'm disgusted: (Score:3, Informative)
You might want to read this article [slashdot.org]
Phoenix renders pages twice as fast as IE. And Mozilla is NOT an end-user browser. It's a technology preview which shows off XUL and bunch of other shit, which makes fast applications possible (such as Phoenix).
So there.