Monday, June 06, 2005

Jot: US Supreme Court Rejects Lexmark's (DMCA) Petition

From the press release:
The United States Supreme Court has rejected Lexmark's petition for certiorari, upholding Static Control's position against the Digital Millennium Copyright Act (DMCA) and copyright issues raised by Lexmark in connection with Static Control's sale of Lexmark compatible chips.

The latest ruling marks the fifth straight victory for North Carolina-based Static Control Components Inc. and the end of Lexmark's attempts to use the DMCA to create a monopoly in aftermarket supplies. Static Control now offers the only Lexmark compatible chips that have been cleared by the courts under the DMCA or copyright.
Update: Furdlog's Frank Field wondered why the Lexmark v. Static Control case was not on today's US Supreme Court's list and thinks he's losing it. He isn't, but the answer is bewildering. AP reports that
"Due to an error in calculating the filing deadline by the law firm responsible for filing the Petition for Certiorari, the petition was filed late and therefore rejected," Lexmark said in a statement. " Accordingly, the petition was never docketed.
Wow, that's so sloppy, it's beyond believe. And Lexmark is the one losing it.

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