6th Circuit takes dim view of Lexmark's DMCA arguments [ip]

[Declan McCullagh <declan () well com>]

-------- Original Message --------
Subject: [Politech] 6th Circuit court of appeals ruling in Lexmark v SCC
Date: Wed, 27 Oct 2004 05:22:46 -0400
From: Bruce F. Webster <bwebster () bfwa com>
Reply-To: bwebster () bfwa com
Organization: Webster & Associates LLC
To: Declan McCullagh <declan () well com>
References: <4177BCDD.6060506 () well com>

Declan:

Don't know if you've already seen this, but this is a refreshingly
intelligent court ruling on copyright, fair use, and the DMCA:


http://www.eff.org/legal/cases/Lexmark_v_Static_Control/20041026_Ruling.pdf

My favorite quote: "...I believe the consumer has a right to use the
Printer Engine Program for the life of the printer. Because the consumer
has this right, there is no right of the copyright owner to prevent the
consumer from using the Printer Engine Program, and therefore, Defendant
cannot be found in violation of the DMCA." (p. 31, first paragraph under
"Count Three")  Nice to know that somebody gets it.  ..bruce..

Bruce F. Webster (http://bfwa.com)
Washington DC (the _other_ Ground Zero)

>

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