I was reading some stuff regarding photography and found a news article about this. I thought it's interesting for everyone here to think about it.
Basically in a US Court of Appeals Sept. 2001 ruling it supported the established precedent that sale of personal property, such as a cartridge, exhausts the manufacturers patent rights. The initial lawsuit was about remanufacturing of used single-use film cameras. The camera manufacturer sued an independent photography manufacturer for collecting used single-use film cameras for remanufacturing for resell. The court rulled that the remanufacturing was permissible "repair" as opposed to impermissible "reconstruction."
What it implies seem to say OEM ink manufacturers will no longer have patent rights on used and discarded (or sold) ink cartridges by consumers. When a customer buys a brand new ink cartridge the payment for the new cartridge includes all the profit under the protection of all the patents the manufacturer own. When the consumer discards or sells the used ink cartridge the patent owner no loger can profit any more from the patents as such profit has been received once and no more by law.
So, how about copyright rights? If the answer is no, they no longer have the right of the copyright, it seems you can collect all you can Canon CLI-8 ink cartridges and hack any way you want with the chip and remanufacturer them for resell. The OEM manufacturer has profited once under the protection of patents, copyright and wahtever else. When the consumer toss it out for free or for a buck ot two the used empty cartridge should be free from patent infrigement accusation or whatever else.
I guess this is the basis for all 3rd party manufacturers to remanufacture HP, Epson, Lexmark and Canon ink cartridges.
Basically in a US Court of Appeals Sept. 2001 ruling it supported the established precedent that sale of personal property, such as a cartridge, exhausts the manufacturers patent rights. The initial lawsuit was about remanufacturing of used single-use film cameras. The camera manufacturer sued an independent photography manufacturer for collecting used single-use film cameras for remanufacturing for resell. The court rulled that the remanufacturing was permissible "repair" as opposed to impermissible "reconstruction."
What it implies seem to say OEM ink manufacturers will no longer have patent rights on used and discarded (or sold) ink cartridges by consumers. When a customer buys a brand new ink cartridge the payment for the new cartridge includes all the profit under the protection of all the patents the manufacturer own. When the consumer discards or sells the used ink cartridge the patent owner no loger can profit any more from the patents as such profit has been received once and no more by law.
So, how about copyright rights? If the answer is no, they no longer have the right of the copyright, it seems you can collect all you can Canon CLI-8 ink cartridges and hack any way you want with the chip and remanufacturer them for resell. The OEM manufacturer has profited once under the protection of patents, copyright and wahtever else. When the consumer toss it out for free or for a buck ot two the used empty cartridge should be free from patent infrigement accusation or whatever else.
I guess this is the basis for all 3rd party manufacturers to remanufacture HP, Epson, Lexmark and Canon ink cartridges.
