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Vol. 5, No. 37                                          

 

Way back when in http://www.jpdurbin.net/84archive/84%20Online%20Newsletter%20Volume%203%20Number%2005%202-6-03.htm I ranted about a lawsuit pitting Lexmark against a tiny little company called Static Control.  The suit accused Static Control of violating the DMCA by manufacturing replacement and recycled ink cartridges that included a “chip” programmed by Lexmark intended to prohibit the use of generic cartridges.

 

Lexmark lost.

 

In the latest lawsuit involving Lexmark and replacement or refill cartridges it was actually brought by the small company or, in this case, companies (the Arizona Cartridge Remanufacturers Association). They sued Lexmark over a “shrink-wrap EULA” on toner cartridges that stated that the item was discounted with the understanding that the buyer would not refill it or send it to a remanufacturer.

 

The EULA reads as follows:

 

RETURN EMPTY CARTRIDGE TO LEXMARK FOR REMANUFACTURING AND RECYCLING

 

Please read before opening. Opening of this package or using the patented cartridge inside confirms your acceptance of the following agreement. The patent cartridge is sold at a special price subject to a restriction that it may be used only once. Following this initial use, you agree to return the empty cartridge only to Lexmark for remanufacturing and recycling. If you don't accept these terms, return the unopened package to your point of purchase. A regular price cartridge without these terms is available.

 

Now ordinarily I would immediately launch into an attack against any company trying to control what I do with a product after I purchase it.  After all, I bought it, it belongs to me and if I want to refill it or melt it or saw it in half to use the toner in a different cartridge that’s my business.

 

In this particular case I don’t feel that’s warranted.  Lexmark is offering the cartridges at regular price and what’s called a “Prebate” price.  You are free (at least for the time being) to refill the regular priced cartridges as many times as you feel comfortable with.  The Ninth Circuit Court ruled that the EULA amounted to a contract that the buyer is bound by if they break the seal.

 

As long as a choice exists and the restrictive choice is 10-20% under retail I’m OK with it.  I know I’m living in a dream world and Big Business/Big Entertainment is constantly pushing for restricting ALL uses of their products but this case doesn’t bother me that much.

 

After all the Ninth Circuit, the most overturned Appellate Court in the country decided it.  32% of Appellate Circuit decisions that were further challenged at the Supreme Court level that were overturned came through the Ninth (http://www.centerforindividualfreedom.org/legal/supreme_court_wary_of_9th.htm).  If ACRA appeals the ruling and the Supremes agree to hear the case it may well end up in the judicial trash bin.

 

People can also voice their opposition to Lexmark’s tactics with their wallets.  Need a new printer at work?  Buy a Samsung.  At home?  Buy an Epson.

 

I never buy or recommend Lexmark products for just that reason.

 

Kevin Mefford, Editor

pcguru@microdome.net

 

Terry Wise

www.ratland.com

 

Tech News of the Week

 

Remember the kid who hacked into Paris Hilton's cell phone account?
Well, he's going on vacation...to a little room:

http://www.theinquirer.net/?article=26174

Yahoo! E-mail users can sign up to take part in a beta test of some
cool new features being offered by the service:

http://www.pcmag.com/article2/0,1895,1859228,00.asp

You've heard about the iPod Nano.  Evidently, everyone else has as
well because they're selling like hotcakes:

http://www.forbes.com/markets/2005/09/14/apple-ipod-nano-sales-0914markets03.html

Bill Gates has addressed the little people with a preview of Windows
Vista and Office 12 (with "predictive" technology---are you scared
yet?):

http://www.theregister.co.uk/2005/09/13/gates_vista/

Copy us on the good stuff ;-)

Matthew Dattilo
thepcgurus@gmail.com
www.opaquelucidity.com 

 

Firefox Extension of the Week

 

Hey everyone, I know it's been a few weeks since I've had an extension to
hand you all to help spice up Firefox, but here we go again.  I'm coming
back with several funny and interesting extensions that you can find
through the Firefox add-on site.  Here are a few of my favorites:

Beer o'clock:
https://addons.mozilla.org/extensions/moreinfo.php?application=firefox&id=732

This extension is perfect for counting down to meeting the coworkers at
the bar on Friday afternoon.  Just go into the options for the
extension, set what time "Beer O'Clock" is and then watch as it reminds
you at random times through the week.  If you've still got Firefox open
when it's time to be at the bar, it alerts you by flashing down in the
bottom right corner.  Just a fun little thing to let you laugh through
the week.

Leet Key:
https://addons.mozilla.org/extensions/moreinfo.php?application=firefox&id=770

Ever want to be like the kids who type with letters, numbers and symbols
and think it's cool?  Well with this extension you can be the envy of
all the 13 year olds on the block ;-).  Just type whatever you want to
inside text fields on web pages, highlight it and press Ctrl+Shift+L. 
Your text will transform from readable, sensible text into what all the
kids are doing.

about:kitchensink:
https://addons.mozilla.org/extensions/moreinfo.php?application=firefox&id=742

This adds yet another option to Firefox.  The use: none.  The humor is
the only reason.  People say Firefox has everything but the kitchen sink
in the way of features.  Now they can say it has that too.  Just type
about:kitchensink into the address bar, and in the screen that comes up,
click the faucet handle to turn the sink on and off.

bork bork bork:
https://addons.mozilla.org/extensions/moreinfo.php?application=firefox&id=507

Remember the Muppet Show?  The chef on there would always hop around,
and the sounds when he would talk would be something similar to "bork
bork".  This extension brings the chef back to life by transforming the
pages, translating them to how he would say them.  Makes for a funny
read.  Just go to View->Bork Text, and take a look!

Firesomething:
https://addons.mozilla.org/extensions/moreinfo.php?application=firefox&id=31

Firesomething randomly changes the Firefox name to some random natural
happening and animal or object.  Changes the name every time you open a
new window.  Just install the extension and go!

There are many other funny extensions, just look around
https://addons.mozilla.org/extensions/?application=firefox.

Happy funny browsing!

--
Daniel A. Williams
daniel@thepcgurus.com
_____________________________________________________________

 

Email Question of the Week

 

Q:  Hi, guys--I'm a listener from the "old" WHAS days and love your
newsletter. I love listening to This Week in Tech and Leo Laporte's
KFI Radio show via podcast. Is there any chance y'all might do a
podcast so we can get a "near-radio" experience again?

 

A:  I really wish that I could say for sure that we will be doing it. We
have only begun to discuss the possibility of podcasting, but
logistically for us there will need to be some planets aligning before
we can pull it off. Rest assured, we are considering all of our media
outlet options and when the time and situation is right for us to be
back on the airwaves, in any form, we will be ready to jump at the
chance. We all just want to be sure that whatever route we take, we do
things the right way.

Thank you so much for the question, and I hope that helps.
When we go back on the air, however that is, we will be sure to let
everyone know.

Thanks again

 

Troy Overton

84online@troyoverton.com

 

Contact info and legal stuff

 

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