Impression Products V. Lexmark International: A Victory For Common Sense

A few months ago we reported on a case coming before the United States Supreme Court that concerned recycled printer cartridges. Battling it out were Impression Products, a printer cartridge recycling company, and Lexmark, the printer manufacturer. At issue was a shrinkwrap licence on inkjet cartridges — a legal agreement deemed to have been activated by the customer opening the cartridge packaging — that tied a discounted price to a restriction on the cartridge’s reuse.

It was of concern to us because of the consequences it could have had for the rest of the hardware world, setting a potential precedent such that any piece of hardware could have conditions still attached to it when it has passed through more than one owner, without the original purchaser being aware of agreeing to any legal agreement. This would inevitably have a significant effect on the work of most Hackaday readers, and probably prohibit many of the projects we feature.

We are therefore very pleased to see that a few days ago the Supremes made their decision, and as the EFF reports, it went in favor of Impression Products, and us, the consumer.  In their words, when a patent owner:

…chooses to sell an item, that product is no longer within the limits of the monopoly and instead becomes the private individual property of the purchaser, with the rights and benefits that come along with ownership.

In other words, when you buy a printer cartridge or any other piece of hardware, it is yours to do with as you wish. Continue reading “Impression Products V. Lexmark International: A Victory For Common Sense”

Arch Your Eyebrow at Impression Products V. Lexmark International

When it comes to recycled printer consumables, the world seems to divide sharply into those who think they’re great, and those who have had their printer or their work ruined by a badly filled cartridge containing cheaper photocopy toner, or God knows what black stuff masquerading as inkjet ink. It doesn’t matter though whether you’re a fan or a hater, a used printer cartridge is just a plastic shell with its printer-specific ancilliaries that you can do with what you want. It has performed its task the manufacturer sold it to you for and passed its point of usefulness, if you want to fill it up with aftermarket ink, well, it’s yours, so go ahead.

There is a case approaching the US Supreme Court though which promises to change all that, as well as to have ramifications well beyond the narrow world of printer cartridges. Impression Products, Inc. v. Lexmark International, Inc. pits the printer manufacturer against a small cartridge recycling company that refused to follow the rest of its industry and reach a settlement.

At issue is a clause in the shrink-wrap legal agreement small print that comes with a new Lexmark cartridge that ties a discounted price to an agreement to never offer the cartridge for resale or reuse. They have been using it for decades, and the licence is deemed to have been agreed to simply by opening the cartridge packaging. By pursuing the matter, Lexmark are trying to set a legal precedent allowing such licencing terms to accompany a physical products even when they pass out of the hands of the original purchaser who accepted the licence.

There is a whole slew of concerns to be addressed about shrink-wrap licence agreements, after all, how many Lexmark owners even realise that they’re agreeing to some legal small print when they open the box? But the concern for us lies in the consequences this case could have for the rest of the hardware world. If a precedent is set such that a piece of printer consumable hardware can have conditions still attached to it when it has passed through more than one owner, then the same could be applied to any piece of hardware. The prospect of everything you own routinely having restrictions on the right to repair or modify it raises its ugly head, further redefining “ownership” as  “They really own it”. Most of the projects we feature here at Hackaday for example would probably be prohibited were their creators to be subject to these restrictions.

We’ve covered a similar story recently, the latest twist in a long running saga over John Deere tractors. In that case though there is a written contract that the farmer buying the machine has to sign. What makes the Lexmark case so much more serious is that the contract is being applied without the purchaser being aware of its existence.

We can’t hold out much hope that the Supreme Court understand the ramifications of the case for our community, but there are other arguments within industry that might sway them against it. Let’s hope Impression Products v. Lexmark doesn’t become a case steeped in infamy.

Thanks to [Greg Kennedy] for the tip.

Lexmark sign by CCC2012 [CC0].