Copyright Office gives Lexmark-duping cartridges the all clear

By Matt Whipp

Posted on 30 Oct 2003 at 12:31

Static Control Components (SCC) is happily totting up damages to present to Lexmark following the US Copyright Office's decision that its printer-fooling microchips do not violate the Digital Millennium Copyright Act (DMCA).

William 'Skip' London, General Counsel for SCC, said that the Office found that 'the DMCA allows aftermarket companies to develop software for the purpose of allowing the functional operability of remanufactured toner cartridges and printers.'

The company fell into Lexmark's bad books for selling its Smartek chip that duped the printers into believing that recycled cartridges were genuine Lexmark ones. Lexmark printers use a system that will not accept cheaper recycled ones.

Lexmark launched its suit in December last year and wielded the DMCA to win a preliminary injunction to stop SCC selling the microchips in February.

'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 are examining the documents and devoting a large amount of time with our economists and attorneys to calculate the damages that we feel we are entitled to from Lexmark because of their serious misdeeds.'

See also:

Lexmark stops copy-cartridges