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Copyfight
October 26, 2004
More good Lexmark quotesEmail This EntryPrint This Entry
Posted by Jason Schultz

More from SCC's victory over Lexmark's DMCA claim:

"Nowhere in its deliberations over the DMCA did Congress express an interest in creating liability for the circumvention of technological measures designed to prevent consumers from using consumer goods while leaving the copyrightable content of a work unprotected."

"We should make clear that in the future companies like Lexmark cannot use the DMCA in conjunction with copyright law to create monopolies of manufactured goods for themselves just by tweaking the facts of this case[.]"

"Congress gives authors and programmers exclusive rights to their expressive works (for a limited time) so that they will have an incentive to create works that promote progress. Lexmark’s reading of the extent of these rights, however, would clearly stifle rather than promote progress. It would allow authors exclusive control over not only their own expression, but also over whatever functional use they can make of that expression in manufactured goods. Giving authors monopolies over manufactured goods as well as over their creative expressions will clearly not “promote the Progress of Science and the useful Arts,” but rather would stifle progress by stamping out competition from manufacturers who may be able to design better or less expensive replacement parts like toner cartridges."


Category: Laws and Regulations

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Sixth Circuit Reverses Lexmark from Emergent Chaos
One of the worse bits of law to come out of the Clinton years was the "Digital Millennium Copyright Act," (DMCA). The law made it a crime to break any copy protection scheme, even if the data it was... [Read More]

Tracked on October 26, 2004 04:04 PM

A Few More Words on Lexmark from Timothy K. Armstrong
I wanted to add one further thought to my last post on the Sixth Circuit’s new Lexmark decision. [Read More]

Tracked on October 28, 2004 11:42 AM




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