The Lexmark case involves a patent infringement suit against printer toner cartridge refillers. The case asks whether a product manufacturer can launch a patent lawsuit against an item that was legally sold to a consumer, or if the legal sale “exhausts” patent rights in that item. The amicus brief, joined by the Electronic Frontier Foundation, Public Citizen, the Open Source Hardware Association and the Digital Right to Repair Coalition, argues that the patent rights are fully exhausted.
The following may be attributed to Charles Duan, Director of the Patent Reform Project at Public Knowledge:
“It was a perfectly normal day when John Q. Public went to the store. Putting things into his shopping basket, he expected he could use them, fix them if they broke, and sell them on eBay later. A perfectly normal day. Little did he expect the zombie hand of patent law to reach up and grab him by the throat.
“But that is exactly what the product manufacturers want to do in the Lexmark case. Lexmark wants to use patent law — just like it has tried to use copyright law and section 1201 of the DMCA — to obstruct consumers who use lawfully purchased products in ways or places the manufacturer doesn’t happen to like. That’s a scary thought: that Lexmark or any other company could dictate how you use your stuff, even after you paid for it — as if it were controlling products from beyond the grave.
“That is why Public Knowledge has joined with top-flight organizations in its brief: to defend consumer rights against these encroachments in wide ranging fields, from car repair to access to medicines. We are asking the Court of Appeals to state the simple fact that consumers own what they buy, and to put a stop to these attempts at undead patent power over consumer products, lest they infect the entire world with an apocalypse of anti-consumer licensing regimes.”
This is interesting, is this first time OSHWA participated in something like this?
We are angry, frustrated, and in pain because of the violence and murder of Black people by the police because of racism. We are in the fight AGAINST RACISM. George Floyd was murdered, his life stolen. The Adafruit teams have specific actions we’ve done, are doing, and will do together as a company and culture. We are asking the Adafruit community to get involved and share what you are doing. The Adafruit teams will not settle for a hash tag, a Tweet, or an icon change. We will work on real change, and that requires real action and real work together. That is what we will do each day, each month, each year – we will hold ourselves accountable and publish our collective efforts, partnerships, activism, donations, openly and publicly. Our blog and social media platforms will be utilized in actionable ways. Join us and the anti-racist efforts working to end police brutality, reform the criminal justice system, and dismantle the many other forms of systemic racism at work in this country, read more @ adafruit.com/blacklivesmatter
Stop breadboarding and soldering – start making immediately! Adafruit’s Circuit Playground is jam-packed with LEDs, sensors, buttons, alligator clip pads and more. Build projects with Circuit Playground in a few minutes with the drag-and-drop MakeCode programming site, learn computer science using the CS Discoveries class on code.org, jump into CircuitPython to learn Python and hardware together, TinyGO, or even use the Arduino IDE. Circuit Playground Express is the newest and best Circuit Playground board, with support for CircuitPython, MakeCode, and Arduino. It has a powerful processor, 10 NeoPixels, mini speaker, InfraRed receive and transmit, two buttons, a switch, 14 alligator clip pads, and lots of sensors: capacitive touch, IR proximity, temperature, light, motion and sound. A whole wide world of electronics and coding is waiting for you, and it fits in the palm of your hand.