It is successfully used as a defense often. I am considering filing suit in federal court against Epson for not allowing me to refill my inkjet cartridges. I purchased the printer and nowhere did I concur to solely use their ink cartridges yet due to their microchips on the cartridges I need to buy brand new cartridges and they have to be from Epson. So, can I use the Fair Use doctrine as an offense?
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Fair use never covers patents. Consider it: You can't play Playstation games on a Nintendo gaming system. It's common for brands to build compatibility around their own products. As technology increases, it will become more so. There's nothing illegal or unethical about it. In fact, it's smart business practice to ensure repeat customers.
It's up to the consumer to research product compatibility and the availability and costs of accessories before buy, and pertinent to do so for major buys.
Can you sue? Sure. This is America, where anyone is free to sue anyone else for any reason. But you can't win. Save your money for a new printer. Just know what you're buying before you buy it from now on. A simple Goggle search will save you a lot of time, trouble, and expense.
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Sorry, have to respectfully disagree. You’ve the right not to purchase one in the first place.
Your logic's faulty, my friend. If you purchase a book of matches, you don't have the right to set a fire. If you purchase a book, you don't have the right to make make photocopies and sell them to your friends …
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Thanx for BA, though.
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Fair use is related only to the use of copyrighted material and your use of it without permission.
Epson's manufacture and sale of cartridges with chips are covered by patent laws, which are unrelated. Fair use does not cover patents.
You can refill your EPSON cartridges but this will terminate your warranty. EPSON is entitled at law to recommend the use of one particular set of consumables in their cartridges as a condition of your warranty. The reason for this is they only warrant their cartridges as compatible and safe for your printer. Any other cartridges are not warranted or guaranteed by EPSON to work and your warranty does not cover that.
You can use any cartridges you like, but the EPSON ones are the only ones which EPSON will guarantee. Using anything else will void your warranty. You accepted this as a condition of your warranty (even if you did not read it) when you purchased the printer.
Having known an EPSON tech refilled or non-genuine cartridges will usually coat the printer in ink, or cause the waste ink pads to overflow much sooner than they’re designed to, necessitating a service - which you would have to pay for (due to the warranty).
You will also find this is fast becoming industry standard. Canon and HP also chip their cartridges for the same reason.
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dude, i don't know civil procedure in the US. but I'm guessing the cost just to file a petition will exceed buying a new printer. Unless you're trying to be a hero. then don't bother. And if you’re trying to be a hero, well I'm guessing you should look for the answer in the jurisprudence (and as a law grad, you know how to do this). If Fair Use is a defence, then you probably can't use it to launch an action. But I don't know. Pore through consumer protection and see what legs you have to stand on, or ask a lawyer, not yahoo.
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you can sue anyone but you'll probably spend a ton of money trying to sue them and if they are found innocent then you’ll pay for their lawyer cost and court cost. You are better off buying a new printer and then report them to the better business agency and www.ripoffreport.com. You can ask them to send you back your money or you will write to the authorities and let everyone know about their scam too! Goodluck!