Lexmark Int'l Inc. v Static Control Components, Inc.
387 F.3d 522 (6th Cir. 2005)
Lexmark made printers and ink.
In order to sell more ink, they began making two types of ink cartridges.
One (sold at a higher price), was refillable, and the other was not.
In order to ensure that
people didn't refill the unrefillable ink cartridges, Lexmark added a
computer chip to their cartridges that interacted with the printer and
wouldn't allow refilled cartridges to be used. The data between the
printer and the cartridge was encrypted.
SCC also made printer
cartridges. They made a computer chip that broke Lexmark's encryption and
allowed the printers to use refilled cartridges. Lexmark sued for copyright
infringement.
Lexmark argued that their
computer code was copyrighted, and that SCC had violated that copyright.
Lexmark also argued that the
Digital Millennium Copyright Act
(17 U.S.C. §1201(a)(2)),
makes it illegal to manufacture or offer a device to aid circumvention
of a copyright.
The Trial Court found for
Lexmark and issued an injunction. SCC appealed.
The Trial Court found that
SCC infringed Lexmark's copyright by copying the code on the chip.
The Court found that SCC
violated §1201(a)(2)) by
circumventing Lexmark's encryption.
The Appellate Court reversed.
The Appellate Court noted
that Lexmark couldn't copyright an idea, only an expression.
The Court found that the
Trial Court failed to consider whether there were other ways SCC could
have used the idea of Lexmarks'
code without using the expression. If there were no other way to express the idea, then SCC would
be allowed to copy Lexmark's expression.
The Court found that the
encrypted authorization code did not control access to the printer. The act of buying the ink
gave the consumer access the printer. Therefore, SCC's computer chip did
not circumvent anything and
so was not a violation of §1201(a)(2)).
The Court emphasized that
the DMCA must be interpreted
consistently with the broader public purposes of the copyright statute,
rather than as a grant of new powers to makers of technology products to
impose additional restrictions not contemplated by copyright.