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Re: [dvd-discuss]Lexmark Decision

Michael Rolenz wrote:

> That seemed to be SCC's contention but The judge seemed to believe 
> otherwise. Is there someway to get a transcript?

> Roy Murphy:
> From my reading of the filings, it seems that the toner program
> contained in the cartridges was both a key and a functional program.

The case is still at the preliminary injunction stage. There isn't a 
factual record for the judge to go on. A preliminary injuction is 
granted when there seems a likelihood to suceed on the merits and the 
possibility of irreparable harm. Copyright infringement is often 
considered "irreparable harm". If SBCs contention is that no other 
program could interoperate (i.e. the program is a key as well as a 
program) then there will be opportunity at trial for expert witnesses to 
testify to that effect.