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EFF – Supreme Court Victory for Case in Right to Refill Printer Cartridge

EFF – “The Supreme Court struck a blow today [PDF] for your right to own the things you buy, reversing a lower court decision that had given patent owners the power to sue customers who paid in full for a patented item but then used it in a way the patent owner didn’t care for. The Court’s reasoning will help us protect your rights from overbroad copyright and other restrictions, like the ones written into “end user license agreements” for software or imposed by technological restrictions given legal teeth by Section 1201 of the DMCA. Lexmark tried every legal trick in the book to keep you from refilling your own printer cartridges, and had finally found a sympathetic ear at the Federal Circuit, the Federal Court of Appeals with jurisdiction over patent law. The Federal Circuit agreed with Lexmark that a patent owner could write their own rules that customers would have to follow or face liability for patent infringement. Even someone who later acquired a product, like the companies that refill printer cartridges, would have to abide by these restrictions…”

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