On Thu, 09 Jan 2003 19:25:52 +0100 (CET), [EMAIL PROTECTED] (Richard Menedetter) wrote:
> Hi > http://heise.de/newsticker/data/tig-09.01.03-000/ > (german) > Lexmark sued an ink cartrdige refiller for violating the DMCA. > The ink cartrdige is "copyrighted", and the making of lexmark cartridges is > illegal accoring to 1201 of the DMCA. > 1201 is the evasion of copyright protection schemes. > before DMCA no chance of winning such a case ... now good chances !! > That, and the fact that Alan Cox did not publizice 2.2.20 kernel changelog with > the comment, that he wants be able to move freely in the US, and that he could > be arrested because of the DMCA, if he would release the changelog, should be > enough to get people thinking again ... and to stop the "I have read it ... > there's nothing bad in it" attitude. > CU, Ricsi How can one copyright a cartridge? A cartridge is only a container provided with pre-packaged components and designed for the facilitating of the loading of something into some kind of piece of equipment in order to make it work. Unless the container and its components have some unique features and characteristics and component materials which make it quite unlike anything else, then how can it be copyrighted or patented? One ink cartridge is just like any other ink cartridge in basic concept and design. Its physical dimensions and shape might be different. It would seem to me that it would be lawful for any manufacturer to copy the ink cartridges designed by their competitors. BTW, it is perfectly lawful for any manufacturer to copy and market blank recording cassettes and blank film cassettes and blank VHS and BETA recording cassettes. These devices are all cartridges. Also it is perfectly legal for any manufacturer to copy and market cartridges for small arms, regardless of whatever company first developed and designed them. In the US everyone has the right to reload empty cartridge cases with any primers, powders, and bullets he wants. Sam Heywood -- This mail was written by user of The Arachne Browser: http://browser.arachne.cz/
