Dear teachers

normally when we pay money to 'buy' something, we should get all the rights
to use it the way we want to. However companies try to restrict our rights
to make more profits. For e.g. though refilling printer cartridges is much
much cheaper than buying new cartridges, printer manufacturers try to
prevent us from doing so, so that they can make more and more profits.
However this is bad for both consumers and the environment.

Of course proprietary software vendors do the same thing for software, by
preventing sharing and re-use, only to maximise their profits

As teachers we should promote a culture of re-use, modification,
customisation by all of us, to make our consumption less harmful to
nature/environment and the economy as well. Public software for the Public
education system!!!

See below an important judgement on this issue (the article is written
quite humorously!), comments welcome.

regards
Guru



How a Supreme Court Ruling on Printer Ink Bolsters Your Digital Rights |
WIRED

There’s a reason everyone hates printers. They break, jam, and always run
out of cyan ink—which, inexplicably, also breaks them. Even when they work,
toner costs so much you have to give up avocado toast for a month to buy
more. As Matthew Inman, one of the great poets of his time, famously said:
“Either printer ink is made from unicorn blood or we’re all getting
screwed.”
WIRED OPINION

About

Kyle Wiens (@kylewiens) is the co-founder and CEO of iFixit, an online
repair community and parts retailer.

Impression Products wanted to make toner a bit cheaper by refilling Lexmark
printer cartridges. Lexmark of course hated that and sued. The fight
dragged on for years, and made it all the way to the US Supreme Court. This
week, the highest court in the land ruled against Lexmark. You may consider
this an insignificant tussle over printer toner, but this important ruling
clears the way for small businesses to fix your stuff—even without the
manufacturer’s permission.

As an added bonus, it should also help bring printer cartridge costs down.
Good news for those of you who still print out Supreme Court decisions.
Impression v. Lexmark

Lexmark sells two kinds of cartridges: an expensive, reusable model; and a
less expensive, single-use one. The only mechanical difference? The cheap
cartridge features a chip that disables the damn thing once you refill it.
Lexmark also made consumers sign a “post-sale restriction” contract
stipulating that only Lexmark could collect, refill, and resell them.

Of course, people found a way around those constraints. Third-party
companies collected cartridges and disabled the chip. Impression Products,
a small, family-run office supply company in West Virginia, started selling
refilled cartridges for less than Lexmark charged. Lexmark sued for patent
infringement in 2013. Impressions CEO Eric Smith was baffled by the letters
he received from Lexmark’s attorneys. The way he saw it, his company was
simply selling refurbished printer cartridges, and Lexmark had no right to
control cartridges after selling them.

“I’m just a little guy who felt I was being bullied in the schoolyard,”
Smith told Ars Technica. “I decided to fight. Someone had to do it.”
Raise the Stakes

Impression Products vs. Lexmark International hinged on two points: Did
Impression infringe upon Lexmark’s patents by (1) reselling cartridges in
the United States when Lexmark explicitly prohibited reuse and resale, and
(2) importing without authorization cartridges Lexmark sold abroad. Various
courts split on these questions, and everyone from the AARP and Huawei to
Costco and the Auto Care Association weighed in when the case finally
reached the Supreme Court.

Why all the fuss? Because this wasn’t really about printer toner. It was
about your ownership rights, and whether a patent holder can dictate how
you repair, modify, or reuse something you’ve purchased. “This case raises
important questions about the reach of American patent law and how much
control a manufacturer can exert after its products have been lawfully
sold,” the editorial board of The New York Times wrote in 2015. “Taken to
their logical conclusion, Lexmark’s arguments would mean that producers
could use patent law to dictate how things like computers, printers, and
other patented goods are used, changed, or resold and place restrictions on
international trade.”

Consider this: Countless people hack their Keurig machines to brew
“unauthorized” coffee brands. Can Keurig sue them? Could Apple or Samsung
stipulate that you can’t resell their products on Craigslist or eBay? Could
John Deere claim that a repair tech is infringing upon its patent rights by
repairing a broken combine without permission? Consumer rights advocates at
the EFF and Public Knowledge worried that a ruling in Lexmark’s favor would
“jeopardize independent product refurbishers and repair services”.
This Time, It’s Personal

The Supreme Court heard arguments in March and considered the principle of
patent exhaustion. This idea stipulates that a patent owner’s rights over a
product should vanish once the patent owner sells the product to a
consumer. By attaching a post-sale restriction to its single-use cartridge,
Lexmark aimed to create a zombie patent that’s never exhausted. You may
have bought that cartridge, but Lexmark still controls it.
The Right to Repair

The justices agreed 7-1 that Lexmark can’t do that. (Justice Neil Gorsuch
was appointed after the court heard the case.) The court held that Lexmark
exhausted its patent rights when it sold its cartridges “regardless of any
restrictions the patentee purports to impose.” To allow otherwise, the
justices ruled, would adversely impact the economy.

“Take a shop that restores and sells used cars,” chief justice John Roberts
wrote in the majority opinion. “The business works because the shop can
rest assured that, so long as those bringing in the cars own them, the shop
is free to repair and resell those vehicles. That smooth flow of commerce
would sputter if companies that make the thousands of parts that go into a
vehicle could keep their patent rights after the first sale.”

As it turns out, the Supreme Court is just as concerned about your right to
repair as I am. No one besides the dealership would fix your car if it
meant risking a patent lawsuit. And no one would touch your broken gadget
either, because those devices are patented up the wazoo—a point Roberts
made in his opinion, even if he didn’t specifically say “wazoo.”

Most consumer watchdog organizations roundly praised the decision.
“Corporate restrictions on how products are used and resold are costly and
onerous for consumers,” says Public Knowledge. “The decision today largely
puts a stop to that practice, at least with respect to patent law.”
More Monsters

Although the court delivered a sound hit for David, the Goliath trying to
deny you the right to repair isn’t beaten yet. Corporations still employ
many other ways of infringing on your rights.

With the Supreme Court issuing a definitive ruling on patent exhaustion,
expect manufacturers to turn to contract law—like sneaky end user licensing
agreements—to enforce their will. You already see it happening. John Deere,
after losing a copyright law fight to folks like Repair.org, simply updated
its EULA to block software modification in its tractors. Litigation dodged,
problem solved. “They can’t infringe upon your ownership rights if you’ve
already signed them away,” Gay Gordon-Byrne, director of Repair.org, told
me.

Corporations will continue to do all they can to keep your ownership rights
weak. It isn’t personal, it’s just business. But to a farmer relying on a
EULA’ed tractor, it is quite personal. Let’s hope an angry farmer takes his
case to court. Or that right to repair legislation blocks these restrictive
contracts. Otherwise, corporations will continue dictating what you can and
can’t do with the stuff you only think you own.


Kyle Wiens (@kylewiens) is the co-founder and CEO of iFixit, an online
repair community and parts retailer. WIRED Opinion publishes pieces written
by outside contributors and represents a wide range of viewpoints. Read
more opinions here.

source - https://www.wired.com/2017/06/impression-v-lexmark/


IT for Change, Bengaluru
www.ITforChange.net

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1.ವಿಷಯ ಶಿಕ್ಷಕರ ವೇದಿಕೆಗೆ  ಶಿಕ್ಷಕರನ್ನು ಸೇರಿಸಲು ಈ  ಅರ್ಜಿಯನ್ನು ತುಂಬಿರಿ.
 - 
https://docs.google.com/forms/d/e/1FAIpQLSevqRdFngjbDtOF8YxgeXeL8xF62rdXuLpGJIhK6qzMaJ_Dcw/viewform
2. ಇಮೇಲ್ ಕಳುಹಿಸುವಾಗ ಗಮನಿಸಬೇಕಾದ ಕೆಲವು ಮಾರ್ಗಸೂಚಿಗಳನ್ನು ಇಲ್ಲಿ ನೋಡಿ.
-http://karnatakaeducation.org.in/KOER/index.php/ವಿಷಯಶಿಕ್ಷಕರವೇದಿಕೆ_ಸದಸ್ಯರ_ಇಮೇಲ್_ಮಾರ್ಗಸೂಚಿ
3. ಐ.ಸಿ.ಟಿ ಸಾಕ್ಷರತೆ ಬಗೆಗೆ ಯಾವುದೇ ರೀತಿಯ ಪ್ರಶ್ನೆಗಳಿದ್ದಲ್ಲಿ ಈ ಪುಟಕ್ಕೆ ಭೇಟಿ ನೀಡಿ -
http://karnatakaeducation.org.in/KOER/en/index.php/Portal:ICT_Literacy
4.ನೀವು ಸಾರ್ವಜನಿಕ ತಂತ್ರಾಂಶ ಬಳಸುತ್ತಿದ್ದೀರಾ ? ಸಾರ್ವಜನಿಕ ತಂತ್ರಾಂಶದ ಬಗ್ಗೆ ತಿಳಿಯಲು 
-http://karnatakaeducation.org.in/KOER/en/index.php/Public_Software
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