Archived from groups: misc.consumers,comp.periphs.printers (More info?)
From: Ed Foster's GripeLog
Since I've often given Lexmark a hard time for its various legal
maneuvers to restrict its customers' choice in printer consumables, I
was surprised this morning to see they'd sent me a press release. At
least, I assume they sent it - today you can never be sure where
something in your e-mail is coming from. Just to show I'm a fair guy,
though, I've decided to print the announcement verbatim:
"Lexmark to Bring Litigation-Winning Approach to Auto Industry"
April 1, 2004, Lexington, KY -- Printer manufacturer Lexmark is proud
to announce it will enter the automotive market with a line of cars
featuring its exclusive Aftermarket Product Integrity Guarantee
(A-PIG) technology.
"Lexmark's innovative edge has been in finding bold new ways of
protecting its intellectual property," said Sue Moore, newly appointed
CEO of Lexmark Motors. "We believe our experience applying the Digital
Millennium Copyright Act (DMCA) and shrinkwrap licenses to hard goods
will serve us well in this new venture."
Lexmark's first automobile model, the MarkedOne, will be equipped with
a complete set of A-PIG devices protected by the DMCA. Tires,
sparkplugs, batteries, fanbelts, the engine, and many other parts will
undergo an A-PIG check during each ignition of the car. Should any
non-Lexmark brand aftermarket products be detected, the ignition will
fail. "Just as we try to guarantee our printer customers'
satisfaction by making sure they only use Lexmark-brand consumables,
we want our automotive customers to enjoy a Lexmark-only driving
experience as long as they own the car," Moore said.
The MarkedOne's A-PIG technology is based on the chipset the company
includes in laser printer toner cartridges to prevent the use of
third-party products. Moore pointed out that Lexmark's right to apply
DMCA protection to such devices was endorsed by a court last year in
its case against Static Control Components Inc. "If I may be allowed
to paraphrase what the judge said when granting our injunction, the
public policy benefit of ensuring competition must take a back seat to
our right to prevent copyright infringement," Moore said.
Lexmark Motors will borrow another concept from printer technology
with the MarkedOne's innovative gasoline cartridge. "No MarkedOne
owner will ever run out of gas on the highway," Moore explained. When
the disposable gasoline cartridge is less than a third full, the
automobile will not start until the gas cartridge is replaced by one
full of Lexmark-authorized gasoline. Should a motorist inadvertently
run out of spare cartridges, Lexmark Motors dealers will offer
same-day cartridge delivery service for a modest mark-up.
In addition to its host of copyright-protection features, the
MarkedOne will also be the first vehicle with a shrinkwrap license. As
with its revolutionary "Prebate" agreement for toner cartridges,
Lexmark's car will come with an automatic discount in exchange for the
customer's acceptance of a license agreement. In opening the
driver-side door for the first time, the new owner of a MarkedOne
agrees not to ever sell the car to a third party. Instead, the car can
only be used as a trade-in for a new Lexmark vehicle. "We are very
proud of the fact that Lexmark established the right to restrict the
sale of hard goods in this way in our case against the Arizona
Cartridge Remanufacturers Association," said Moore. "It's high time
other industries demonstrate that customers don't have the right to
sell their possessions to just anyone they choose."
Due to the lack of progressive laws like the DMCA in other countries,
the Lexmark MarkedOne will only be sold domestically. "Where else but
in the good ol' US of A can you copyright a printer or a car?" Moore
noted. "It just makes me proud to be an American."
FORWARD LOOKING STATEMENTS: Statements in this release that are not
historical facts are forward-looking and involve risks and
uncertainties. The potential risks and uncertainites include, among
others, the fact that it was written by Ed Foster as an April's Fool
joke. Basing stock investment decisions on the information contained
in this release might not be the best idea you ever had. On the other
hand, you might want to keep it in mind the next time you're buying a
printer.
Copyright 2004 Ed Foster's GripeLog. You are granted permission to
forward this column to friends who would have an interest in this
topic.
From: Ed Foster's GripeLog
Since I've often given Lexmark a hard time for its various legal
maneuvers to restrict its customers' choice in printer consumables, I
was surprised this morning to see they'd sent me a press release. At
least, I assume they sent it - today you can never be sure where
something in your e-mail is coming from. Just to show I'm a fair guy,
though, I've decided to print the announcement verbatim:
"Lexmark to Bring Litigation-Winning Approach to Auto Industry"
April 1, 2004, Lexington, KY -- Printer manufacturer Lexmark is proud
to announce it will enter the automotive market with a line of cars
featuring its exclusive Aftermarket Product Integrity Guarantee
(A-PIG) technology.
"Lexmark's innovative edge has been in finding bold new ways of
protecting its intellectual property," said Sue Moore, newly appointed
CEO of Lexmark Motors. "We believe our experience applying the Digital
Millennium Copyright Act (DMCA) and shrinkwrap licenses to hard goods
will serve us well in this new venture."
Lexmark's first automobile model, the MarkedOne, will be equipped with
a complete set of A-PIG devices protected by the DMCA. Tires,
sparkplugs, batteries, fanbelts, the engine, and many other parts will
undergo an A-PIG check during each ignition of the car. Should any
non-Lexmark brand aftermarket products be detected, the ignition will
fail. "Just as we try to guarantee our printer customers'
satisfaction by making sure they only use Lexmark-brand consumables,
we want our automotive customers to enjoy a Lexmark-only driving
experience as long as they own the car," Moore said.
The MarkedOne's A-PIG technology is based on the chipset the company
includes in laser printer toner cartridges to prevent the use of
third-party products. Moore pointed out that Lexmark's right to apply
DMCA protection to such devices was endorsed by a court last year in
its case against Static Control Components Inc. "If I may be allowed
to paraphrase what the judge said when granting our injunction, the
public policy benefit of ensuring competition must take a back seat to
our right to prevent copyright infringement," Moore said.
Lexmark Motors will borrow another concept from printer technology
with the MarkedOne's innovative gasoline cartridge. "No MarkedOne
owner will ever run out of gas on the highway," Moore explained. When
the disposable gasoline cartridge is less than a third full, the
automobile will not start until the gas cartridge is replaced by one
full of Lexmark-authorized gasoline. Should a motorist inadvertently
run out of spare cartridges, Lexmark Motors dealers will offer
same-day cartridge delivery service for a modest mark-up.
In addition to its host of copyright-protection features, the
MarkedOne will also be the first vehicle with a shrinkwrap license. As
with its revolutionary "Prebate" agreement for toner cartridges,
Lexmark's car will come with an automatic discount in exchange for the
customer's acceptance of a license agreement. In opening the
driver-side door for the first time, the new owner of a MarkedOne
agrees not to ever sell the car to a third party. Instead, the car can
only be used as a trade-in for a new Lexmark vehicle. "We are very
proud of the fact that Lexmark established the right to restrict the
sale of hard goods in this way in our case against the Arizona
Cartridge Remanufacturers Association," said Moore. "It's high time
other industries demonstrate that customers don't have the right to
sell their possessions to just anyone they choose."
Due to the lack of progressive laws like the DMCA in other countries,
the Lexmark MarkedOne will only be sold domestically. "Where else but
in the good ol' US of A can you copyright a printer or a car?" Moore
noted. "It just makes me proud to be an American."
FORWARD LOOKING STATEMENTS: Statements in this release that are not
historical facts are forward-looking and involve risks and
uncertainties. The potential risks and uncertainites include, among
others, the fact that it was written by Ed Foster as an April's Fool
joke. Basing stock investment decisions on the information contained
in this release might not be the best idea you ever had. On the other
hand, you might want to keep it in mind the next time you're buying a
printer.
Copyright 2004 Ed Foster's GripeLog. You are granted permission to
forward this column to friends who would have an interest in this
topic.
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