Digital Millennium Copyright Act

Plaintiff is likely to succeed on its claim that microchips on defendant’s toner cartridges violate Digital Millennium Copyright Act under 17 U.S.C. §1201(a)(2), which prohibits manufacture and/or sale of any device primarily designed to circumvent “technological measure” that “controls access” to copyrighted work, since defendant’s microchips were specifically developed to circumvent technological measure that controls access to plaintiff’s copyrighted programs.  These programs were toner loading programs used in microchips attached to toner cartridges for plaintiff’s laser printers.  (Lexmark Int’l Inc. v. Static Control Components Inc., 66 USPQ2d 1405, DC EKy, 2/27/03).

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