Lexmark Two Counts Down Under DMCA Ruling

Lexmark Two Counts Down Under DMCA Ruling (10/28/2003)


The United States Copyright Office released a ruling yesterday favoring Static Control Components' position that reverse-engineering of toner cartridges and chips is legal under the Digital Millennium Copyright Act (DMCA).

"We are pleased that the United States Copyright Office agreed with our position that the Lexmark contentions on the DMCA were without merit," said Ed Swartz, Static Control Components’ CEO. "We have spent a small fortune fighting a multinational company (and this makes) our expenditure of time, money and talent worthwhile. We feel that we have not only won another victory for Static Control, but also for the consuming public."

Lexmark was granted a preliminary injunction in February to keep Static from selling the disputed T520/620 chips.

According to William "Skip" London, general counsel for Static Control Components, the Copyright Office’s ruling makes a significant impact on Static's fight with Lexmark. "The Copyright Office found that section 1201(f) of the DMCA allows aftermarket companies to develop software for the purpose of allowing the functional interoperability of remanufactured toner cartridges and printers," said London.



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