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Subject: Re: Question for Johan de Koning. - "Deadking" legality question

Author: Robin Smith

Date: 21:01:11 09/08/03

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On September 08, 2003 at 20:42:06, Russell Reagan wrote:

>On September 08, 2003 at 20:07:38, Robin Smith wrote:
>
>>If I buy a printer, and
>>the printer manufacturer has a license agreement inside the box that states I
>>can only use original manufacturer printer cartridges, it will not stand up in
>>court.
>
>Why not?

I used to work for Hewlett Packard, and had many connections to the ink jet
business unit. Believe me, it won't. Neither will cases against ink cartridge
refilling kit companies. All ink jet printers are sold at near cost, often even
below cost, to capture the lucrative ink cartridge business. There are huge
financial incentives. If printer manufacturers could force customers to only buy
new cartridges from them, they would do so. But if you buy a printer, or an ink
jet cartridge, it BELONGS to you!  The *owner* gets to decide how they use the
product, once it belongs to them. Just because someone puts something in a box
that says if you buy it from them, you can't do such and so with it, doesn't
make it true. There is a bunch of case law on this topic, going back at least to
Xerox. Manufacturers have even tried to make warranties void if you use after
market parts, and that has not stood up in court either, as long as the
aftermarket part is functionally equivalent.



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