Lexmark International, Inc. v. Static Control Components, Inc.
United States Court of Appeals for the Sixth Circuit
387 F.3d 522 (2005)
Lexmark's (plaintiff) toner cartridges contained a microchip running an unencrypted Toner Loading Program (TLP), which measured remaining toner and authenticated the cartridge to Lexmark's printers, which separately ran a more complex, also unencrypted Printer Engine Program (PEP) controlling printer functions like paper feeding. Lexmark sold discounted Prebate cartridges requiring return after use, using the TLP's authentication function to block reuse, and full-price Non-Prebate cartridges consumers could refill freely. Static Control (defendant) made a SMARTEK microchip containing an exact copy of the TLP, designed to bypass Lexmark's authentication and let third parties replace microchips on used Prebate cartridges so they could be resold. Lexmark sued Static Control, arguing this violated the Digital Millennium Copyright Act's ban on circumventing an access-control mechanism protecting Lexmark's printer software. The district court granted a preliminary injunction against Static Control, which appealed.
Whether, for a mechanism that controls access to qualify as an effective control under 17 U.S.C. section 1201, the mechanism must control access to a copyright-protected work.