Refilling printer ink cartridges: crime?

A recent court victory was handed to Lexmark, which reportedly gives them the power under contract and patent law to enforce the "single use only" policy written on the side of Lexmark printer cartridge boxes. This means you could technically face legal charges for refilling a Lexmark printer cartridge with third-party ink. Apparently, not all Lexmark ink cartridges are sold under the "single use policy" — but units sold without the policy come at a higher price. Lexmark calls this their "Prebate" program, in which they offer consumers a 20% (about $30) markdown on ink cartridges if they agree to send them back to Lexmark after a single use. The recent court ruling upheld that such a policy was enforceable by Lexmark, such that if you buy a cheaper cartridge under the Prebate program, you are breaking the law and could face legal action if you refill the cartridge, send it to another cartridge remanufacturer, or if you simply don't return it. So, y'know, if you're in the habit of buying cheap Lexmark ink cartridges, you might want to keep an eye out for the Lexmark militia come to commandeer those suckers.

[Via Slashdot]

[Matt @ Dec 19th 2005 1:25AM]

considering all Lexmark printers I've ever come across are 'single use' (before they fail and get chucked in the bin, that is) this doesn't surprise me

[Adora @ Dec 19th 2005 1:25AM]

This whole case has been blown out of proportion. Perhaps Lexmark should switch to giving a rebate once the cartridge is returned instead...which they probably should have done in the first place due to the likelihood of something like this happening.

:: Lisa
:: adora [at] techslut [.] net

[Retro @ Dec 19th 2005 1:25AM]

I was just looking for a good reason to refill those Lexmark cartridges that have run dry. Thanks Lexmark lawyers for making me feel better about doing this!

[TZK @ Dec 19th 2005 1:25AM]

This country is getting more retarded by the day.

[akatsuki @ Dec 19th 2005 1:25AM]

The judge in the case, obviously not thinking this through in any way or understanding anything about the law including free alienation, has just opened the door to lots of single use items. Imagine being legally only allowed to use your Mach III razor blade twice. Laptop makers no longer will have to contend with the refurbished market. Carmakers can now just nail the used car market also and only permit 10 oil changes before you have to return the car.

Dumbass.

[John FK @ Dec 19th 2005 1:25AM]

While it all seems a bit unlikely that Lexmark would be patrolling the streets searching for some prebate cartridges, am I the only one that smells a potential RFID nasty use here ?

[KultiVator @ Dec 19th 2005 1:25AM]

Surprised Lexmark would want to pursue this, given the fallout from the publicity. Surely, they are just giving even more reason for potential inkjet buyers to look to Canon, Epson and HP?

Doh!

KultiVator
(In A Hot Sticky UK)

[Darin Thomas @ Dec 19th 2005 1:25AM]

I don't think this is catridge "renting". If I want to refill a cartridge I purchased, then I will. In the words of a previous post, Fuck them and the judge they road in on!

[johnny @ Dec 19th 2005 1:25AM]

if they are so jealous why dont they just make their own ink refills?

is it that hard to create your own refills then to higher 20lawyers and lose a quarter of a million battling a patent issue in court

[Ben @ Dec 19th 2005 1:25AM]

You're not "breaking the law". You won't "face legal charges". At most, Lexmark could sue you for the $30.

You also don't have to return the cartridges. You can throw them away. You just can't refill them except through Lexmark. The EFF court documents mention a chip in the cartridges that prevents them from working if refilled by someone besides Lexmark.

Did you guys even try to look into this before posting it?

[OMAC @ Dec 19th 2005 1:25AM]

I don't think they are going after the end user here. They are targeting the guys that refill ink cartridges with third party ink and then resell them.
Ever see the Ink Cartridge Recycling kiosk at a Staples store? That thing is loaded with emty ink cartridges. Staples either sells the empty ink cartridges or is getting paid to have that kiosk on display to collect the empty ink cartridges. Those cartridges then get refilled with off-brand ink and resold via eBay or some other venue. This cuts into the profits of the printer manufacturers.
The markup on printer inks is ridiculous. That's why Staples sells their own store branded inks (don't buy them, you may void the warranty on your printer heads). Staples is also in the habit of telling customers that when they buy a new printer they have to buy ink with it because the cartridges that ship with the printer are 'starter cartridges' and they will run out soon - this is a blatant lie. I don't trust anything any Staples employees has to say.

Ink is big business, that is what prompted the lawsuit.

[Adam @ Dec 19th 2005 1:25AM]

OMAC:
"Staples is also in the habit of telling customers that when they buy a new printer they have to buy ink with it because the cartridges that ship with the printer are 'starter cartridges' and they will run out soon - this is a blatant lie."


Actually, a lot of manufacturers do this with new printers (especially the bargain basement ones). Epson is notorious for doing this. It allows them to sell you a printer at rock bottom price, only to have you get gouged a few weeks later when you run out of black after printing 50 pages.

[hall @ Dec 19th 2005 1:25AM]

hey...I always refill my ink cartridges, it's cheaper.

[Kleptonooch @ Dec 19th 2005 1:25AM]

Fuck Lexmark
Fuck the courts

I'm going to start trolling eBay for empty cartridges, refill them myself, and relist them for profit. I'd like to see them come after me.

Also, I will never purchase another Lexmark product ever again. Rotten douche-bags.

[Nigel Pond @ Dec 19th 2005 1:25AM]

Finally -- Ben comment 11 -- someone who understands the difference between a criminal offence and a breach of contract. Breaching a contractual term is not a "crime" for which you can "face legal charges".

[Sebas Tan @ Dec 19th 2005 1:25AM]

The prebate is for the discount off the price of the regular cartridge. Just make sure that both cartridges, prebated and regular, are available at the same source and that consumers are not compelled to buy these pebated non-refillable cartridges. When this happens, how will the court view the present judgement?

[The Printer Man @ Dec 19th 2005 1:25AM]

Gimme a break. Talk about ripping people off. I can't believe they charge so much for replacment cartridges. Yet another reason to refill your cartridges. That's why I started a site that only offers compatibles and refill kits.

[Ink Cartridge @ Dec 19th 2005 1:25AM]

The new product will be take a new innovation in field of ink and toner.

[Gorilla Commando @ Dec 19th 2005 1:25AM]

How about this gorilla warfare strategy for Lexmark since they DO make garbage and otherwise shaft the consumer at every opportunity: I advocate consumers "send a message" to these SOB's (HP, Lexmark, etc) by BUYING a new printer each time they need more ink. Just RETURN the printer after a few days with your old/empty inkies installed as a DEFECTIVE product. A healthy hamster whizz contains more fluid than most Lexmark cartridges. Lexmark 26 (tricolor) only has ONE teaspoon per color and retails for over $30.00. Most obtuse consumers don't realize the lexmark 27 tri-color is "starter cartridge" and has LESS ink....and goes for about $30. PONDER THAT FACT for a moment - these SOB's actually sell a color catridge with LESS than 1 teaspoon of ink per color.

June 15 dirt on HP: they eliminated a black ink unit that retailed for $30 and held 42ml ink (8 teaspoons) and replaced it with one that held 19ml of ink and goes for $20. The older HP printers (2002 era) are the ONLY printers I am aware of that have inkies that refill easily and hold MASS quantities of ink.

Is anyone surprised the buffoons in black are sleeping with big business? What was the name of that judge who was caught using a penis pump under his black clown garb. How long before the regulators make refill ink kits a black market product.

[Jack @ Dec 19th 2005 1:25AM]

"Staples is also in the habit of telling customers that when they buy a new printer they have to buy ink with it because the cartridges that ship with the printer are 'starter cartridges' and they will run out soon - this is a blatant lie. I don't trust anything any Staples employees has to say."

Actually, it's not a blatant lie. There are many manufacturers who include 'starter' or 'low yield' cartridges in the box. The few who do not are Canon and Epson. HP and Lexmark typically include a starter/low yield cartridge.

I typically don't have an issue with Staples employees - they don't work on commission, so their 'sales' are not motivated by what will get them the larger pay check. I dare you to ask a Circuit City employee their honest opinion...

[Bubba Nicholson @ Dec 19th 2005 1:25AM]

This is what happens when you don't give weight for weight and measure for measure like the Bible says. The printer companies, all of them, found selling ink more lucrative than selling printers. That's fine, but the artificial "compatability issues" among printers, all the different sizes and now special software that destroys your printer, these are all barriers to entry. They won't recognize that they have a commodity here, and if the law does not recognize that fact, then wasted talent and time will be frittered away chasing down an obvious economic reality that legalists refuse to recognize. Imagine can openers for only one type of can. Cars that can run only on one brand of gasoline. These will soon be possible, too, if they aren't already. But should our society devote resources to corner the uncornerable? Government could step in and standardize ink-jet printing to allow the commodity market to develop naturally. Let the printer makers improve their technologies and abandon the standard, but, at least every American printer owned by poor people won't stop functioning when nothing is broken.

[asher @ Dec 19th 2005 1:25AM]

my home, my purchase... in a word: fuck them