Two questions plague many 3D printer makers as they grow: (1) can we make our materials proprietary; and (2) what should we do when customers jailbreak our machines or pressure us to open our machines to competing materials?

The Digital Millennium Copyright Act (the "DMCA") is a U.S. law enacted in response to the Internet's ability to allow widespread distribution of copyrighted material. In addition to its safe-harbor provisions that safeguard Internet service providers from lawsuits related to copyrighted works, the DMCA also prohibits circumventing Digital Rights Management ("DRM") technology controlling access to copyrighted works. DRM technology is typically used to prevent the copying of music and movies, but it has also been used to block the use of competing 2D printer cartridges. In this article, Finnegan attorneys  John F. Hornick and  Carlos J. Rosario discuss how 3D printing manufacturers can protect their IP rights while dealing with customers who jailbreak their devices.

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