According to the French association HOP (Halte à l'Obsolescence Programmée), printers Epson they stop functioning when the cartridges are far from being empty thanks to to the “waste ink pad”. Printers monitor a component that collects waste ink. When the software determines that this pad has reached its capacity, the printer stops.
Epson, for its part, rejects the accusations and maintains that the cartridge limits are intended to ensure print quality and avoid damage to the printheads, which in inkjet printers can deteriorate if they run without enough ink; the monitoring of the recovery pad is a safety measure to avoid ink spills; the pad is a normal wear component present in inkjet printers and can be replaced. Furthermore, Epson claims to offer replacement through its service centers, even beyond the warranty in certain circumstances.
Se Epson was convicted of the crime of Planned obsolescence provided for by French law, could lead to both criminal and economic consequences.
The main sanctions provided by law are:
- A fine of up to 300.000 euros, which can be increased up to 5% of average annual turnover of the company, calculated over the three financial years preceding the events, if this amount is more proportionate to the economic advantage obtained.
- Up to two years in prison. For a company, the prison sentence is obviously not applicable, but it could apply to any natural persons found liable (for example, managers), if the court found their personal criminal liability.
In addition to these penalties, in such a proceeding there may also be other consequences, depending on the court's decision, such as:
- compensation for damages to the civil parties who appeared in the proceedings;
- the possible publication of the sentence;
- a strong reputational impact, especially since it would be the first conviction in the world for this specific crime, if the court were to reach that conclusion.
Let us remember that France is the first country in the world to have introduced a specific crime of Planned obsolescence.
The rule was introduced with the Law No. 2015-992 of 17 August 2015, Known as Loi relating to the energy transition for the green crop (Law on the Energy Transition for Green Growth). Its provisions were subsequently incorporated into the Consumer Code.
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