The temptation to make Red Sox analogies is all but irresistible here. After losing massively in the early going, the freedom-loving forces of Public Domania have racked up a string of victories, to which the 6th U.S. Circuit Court of Appeals has just added another one, overturning the preliminary injunction in Lexmark v. Static Control.

This is the case about printer cartridges and their control chips. Lexmark has attempted to use the DMCA's section 1201 (anti-circumvention provisions) to stop Static from making compatible chips. Lexmark wants to continue its monopoly on the highly profitable toner cartridge business; Static Control wants to make compatible cartridges.

The case isn't decided at this point - judges from the 6th just overturned the preliminary injunction and sent it back down for further consideration of the issues. Static Control has two defenses to argue now. One is the preferred "fair use" defense; second, the DMCA itself contains exemptions for "interoperability." The case is almost certain to wind up back at the 6th unless Lexmark decides it's cheaper to settle than continue.