US Supreme Court Victory for the Right to Tinker in Printer Cartridge Case

"The [US] Supreme Court struck a blow today for your right to own the things you buy, reversing a lower court decision that had given patent owners the power to sue customers who paid in full for a patented item but then used it in a way the patent owner didn't care for. Together with Public Knowledge and R Street, EFF filed an amicus brief at the Supreme Court. We explained that the ability of patent owners to sell products into the stream of commerce while also writing a wishlist of anti-competitive restrictions, would be a disastrous expansion of patent law, hindering competition, innovation, and your freedom to tinker with and repair your own stuff. The Supreme Court agreed, explaining that 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." The Court emphasized that, by default, people have every right to make, sell, and use things. The limited monopoly that the government bestows upon a patent owner is a deviation from the norm of free market competition and ownership of personal property, and is subject to important limits in order to protect the public interest. The Court explained that people who buy things are allowed to use and resell them without being sued under patent and copyright law, and explained that this freedom is necessary for commerce to function. The next logical step will be for courts to recognize that people who buy digital goods are owners of those goods, not mere licensees, and can resell and tinker with their digital goods to the same extent as purchasers of tangible property." See the Electronic Frontier Foundation (EFF) article for more details... https://www.eff.org/deeplinks/2017/05/supreme-court-victory-right-tinker-pri... [https://www.eff.org/files/issues/patents-2.png]<https://www.eff.org/deeplinks/2017/05/supreme-court-victory-right-tinker-printer-cartridge-case> Supreme Court Victory for the Right to Tinker in Printer Cartridge Case<https://www.eff.org/deeplinks/2017/05/supreme-court-victory-right-tinker-printer-cartridge-case> www.eff.org The Supreme Court struck a blow today [PDF] for yo Maybe the 11 remaining TPP countries will ensure that their agreement endorses this ruling ? cheers, Ian

On Wed, 31 May 2017 20:37:12 +0000, Ian Stewart wrote:
"The [US] Supreme Court struck a blow today for your right to own the things you buy, reversing a lower court decision that had given patent owners the power to sue customers who paid in full for a patented item but then used it in a way the patent owner didn't care for..."
This is strike three for Lexmark, which previously tried to use copyright and trademark law to discourage people from buying third-party ink cartridges. Losing the patent case completes the trifecta; is there anything else it can try? By the way, that “lower court” was of course the Court of Appeals for the Federal Circuit (CAFC), which is notoriously “intellectual-property”-happy. That was the same appeals court that said that APIs could be copyrighted in the Oracle-versus-Google case. This is not the first time the Supreme Court has slapped down the CAFC; one would expect it won’t be the last... <https://www.techdirt.com/articles/20170530/10152837476/strike-three-lexmark-cant-use-patents-trademarks-copyright-to-block-third-party-ink-cartridges.shtml>
participants (2)
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Ian Stewart
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Lawrence D'Oliveiro