June 22, 2015 AT 8:46 am

Lexmark v. Impression Products … #makerbusiness

Adafruit 0007
Consumer Rights at Center of Two Major Intellectual Property Cases – Public Knowledge.

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.”

Read more and view the PK, EFF, OSHWA, DRTR, PC Amicus Curiae Brief in Lexmark v. Impression Products here.

This is interesting, is this first time OSHWA participated in something like this?

Check out all the Circuit Playground Episodes! Our new kid’s show and subscribe!

Have an amazing project to share? Join the SHOW-AND-TELL every Wednesday night at 7:30pm ET on Google+ Hangouts.

Join us every Wednesday night at 8pm ET for Ask an Engineer!

Learn resistor values with Mho’s Resistance or get the best electronics calculator for engineers “Circuit Playground”Adafruit’s Apps!

Maker Business — Alibaba to invest $15b in tech, set up research labs around the world

Wearables — Hand beading mimicry

Electronics — Trigger happy oscilloscope?

Biohacking — Biohacking: Visioneer – AI Glasses to Assist the Visually Impaired

Get the only spam-free daily newsletter about wearables, running a "maker business", electronic tips and more! Subscribe at AdafruitDaily.com !

No Comments

No comments yet.

Sorry, the comment form is closed at this time.