Bad Trends: End User License Agreements On Tangible Goods
from the lock-'em-down dept
It appears that the folks making tangible goods have realized what a sweet deal the makers of digital goods are getting with things like the DMCA and click-wrap EULAs. So, they're doing what they can to set up the same situation for tangible goods so that you never really own what you buy any more. Last week we wrote about the UK looking to ditch the right of first sale on artwork. And now, Copyfight is pointing to a ruling favoring Lexmark saying that they can put an EULA on the side of a printer cartridge box, and if it says you can't refill it, you absolutely can't refill it -- even though you bought the cartridge yourself and should be allowed to do with it what you want. Lexmark, of course, is no stranger to trying to make use of the DMCA to stop you from doing what you want with the printers you thought you owned. However, they kept losing on that front. It appears this new method of limiting your rights is much more effective. Next up will be new DVD players. Engadget is pointing out that you may soon get punished for tinkering with your DVD player -- as the device will call home and cry to mommy that you hacked it, and whoever you bought your DVD player from will have the option of disabling it remotely. It was just a week and a half ago that we worried about when tinkering becomes illegal. We should adjust that, it's already become illegal in many cases -- and companies are loving it. This, despite the fact that each of these moves just makes the technology that much less valuable to consumers.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
No Subject Given
A strange result will be that most users will become criminals for using a system they bought in a manner they feel like using it...Great job eh?
[ link to this | view in thread ]
Lexmark
[ link to this | view in thread ]
BAH
[ link to this | view in thread ]
Re: BAH
So they could sue you if they wanted and the law is on their side.
[ link to this | view in thread ]
This is only going to get worse
[ link to this | view in thread ]
Re: This is only going to get worse
[ link to this | view in thread ]
Re: This is only going to get worse
[ link to this | view in thread ]
TQM vs. Lawyers
[ link to this | view in thread ]
What about dumpster diving?
What about the person who digs said items out of the trash? they never saw a box or any agreement. so, they never agreed to anything.
All this will do is push the aftermarket cartridges to flea market benches where there's no box agreement in sight.
Unless there's a built in self destruct (like the DVDs that didn't sell) there's no way to stop aftermarket use and tinkering of physical goods.
[ link to this | view in thread ]
Imagine
When I was growing up I used to take apart gadgets to see how they worked. In the modern playing field I would have been a criminal. The courts biggest decision would have been whether or not I was old enough to go to jail!
[ link to this | view in thread ]
No Subject Given
[ link to this | view in thread ]
Re: No Subject Given
[ link to this | view in thread ]
Re: Imagine
[ link to this | view in thread ]
For friends who aren't using a computer for business or high-output printing, I always encourage them to buy an HP. I used to order generic printer cartridges on Ebay for them, but now, they're able to find affordable and reasonable name-brand cartridges on their own at Wallyworld. I've never met an unhappy HP printer owner. Seriously.
[ link to this | view in thread ]
What's the matter?
[ link to this | view in thread ]
Re: What's the matter?
[ link to this | view in thread ]
Re: Re: What's the matter?
Problem is that the industry thinks it's okay to markup ink to over 200 times the cost of materials. Under the current scheme, its a great way to "print gold". Thing is, if US Business doesn't pursue creating non-locked-down printer cartridges, some company eventually will petition ISO, EU, or some governing standards authority to do it, then the house of cards will fall. Thousands of ink cartridges doesn't really help an industry or the retailers that have to stock them.
[ link to this | view in thread ]
Lexmark Suck all ink is expensive.
[ link to this | view in thread ]