Lexmark Sues To Shut Down Competitor With DMCA

Originally published January 16, 2003 On ExtremeTech.Com By Brett Glass

If there ever were a law which had nothing but bad or unintended consequences, the Digital Millennium Copyright Act would likely be it. Since it was signed into law, corporations have attempted to use it to suppress security advisories, deter the publication of scientific research, and eliminate consumers' fair use rights. The DMCA makes it illegal to make an end run around any restriction a manufacturer places on the use of something that's copyrighted -- including, for example, creating a device that lets you skip the commercials on a DVD.

Now comes Lexmark, which has hit upon yet another questionable use of the law: preventing third parties from selling remanufactured laser printer and inkjet cartridges. Lexmark recently filed suit against Static Control Components, a company which supplies replacement parts for laser toner cartridges, claiming that it was violating the DMCA by making it possible to sell reconditioned cartridges.

Here's why. Each Lexmark printer cartridge contains a built-in chip that identifies the cartridge as "genuine" and records when the toner has been exhausted. The printer won't work with a chip from a used-up cartridge (even if the toner is replenished) or if the right chip isn't there. Static Control sells replacements for Lexmark's chips, allowing cartridges to be refilled so long as they're "re-chipped" at the same time.

Lexmark claims that by provding a replacement chip, Static Control is violating the DMCA, because it is providing a device that circumvents a technological measure that controls access to copyrighted material. (In this instance, Lexmark claims that the copyrighted material is the internal computer code which makes the printer work.)

Since many common products -- from toasters to cars -- contain embedded processors that run copyrighted computer code, Lexmark's suit -- could have far reaching effects. Anyone who explained how to alter a common household device to make it more functional could be accused of a crime. Worse still, manufacturers could make it illegal for you to use third party supplies or replacement parts in virtually any product, from cars to copiers to computers.

In short, the worst consequences of this ill-advised law may be yet to come.