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

[Declan McCullagh <declan () well com>]

---

Date: Wed, 02 Jul 2003 15:19:23 -0700
From: Will Doherty <wild () eff org>
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
  wendy () eff org
  +1 415 436-9333 x125 (office), +1 914 374-0613 (cell)

Cindy Cohn
  Legal Director
  Electronic Frontier Foundation
  cindy () eff org
  +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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