The Supreme Court struck a blow today [PDF] for your right to own the things you buy, reversing a lower court decision that had given patent owners the power to sue customers who paid in full for a patented item but then used it in a way the patent owner didn't care for. The Court's reasoning will help us protect your rights from overbroad copyright and other restrictions, like the ones written into "end user license agreements" for software or imposed by technological restrictions given legal teeth by Section 1201 of the DMCA.
Lexmark tried every legal trick in the book to keep you from refilling your own printer cartridges, and had finally found a sympathetic ear at the Federal Circuit, the Federal Court of Appeals with jurisdiction over patent law. The Federal Circuit agreed with Lexmark that a patent owner could write their own rules that customers would have to follow or face liability for patent infringement. Even someone who later acquired a product, like the companies that refill printer cartridges, would have to abide by these restrictions.
Together with Public Knowledge and R Street, EFF filed an amicus brief [PDF] at the Supreme Court. We explained that the ability of patent owners to sell products into the stream of commerce while also writing a wishlist of anti-competitive restrictions, would be a disastrous expansion of patent law, hindering competition, innovation, and your freedom to tinker with and repair your own stuff.
The Supreme Court agreed, explaining that when a patent owner "chooses to sell an item, that product is no longer within the limits of the monopoly and instead becomes the private individual property of the purchaser, with the rights and benefits that come along with ownership." The Court emphasized that, by default, people have every right to make, sell, and use things. The limited monopoly that the government bestows upon a patent owner is a deviation from the norm of free market competition and ownership of personal property, and is subject to important limits in order to protect the public interest.
