3 ms·

Doesn't the DMCA have an exception for reverse engineering if it's for the purposes of compatibility with other programs?

Paul-Craft 4y ago
Yes, but it's not that simple: What Exceptions Does DMCA Section 1201 Have To Allow Reverse Engineering? Section 1201 contains an exception for reverse engineering, as well as security research, encryption research, and the distribution of security tools, all of which may support reverse engineering. However, these exceptions are drafted very narrowly. If your research might implicate section 1201, consult a lawyer to see if you can do your work in a way that is allowed by one of the relevant exceptions or by an exemption periodically granted by the Copyright Office. The following factors are relevant to whether you are entitled to a reverse engineering, research or security exception. However, meeting any or all of these factors will not necessarily protect your work. The list is offered just to give you an idea of the kinds of things that distinguish permissible from impermissible reverse engineering: You lawfully obtained the right to use a computer program; You disclosed the information you obtained in a good faith manner that did not enable or promote copyright infringement or computer fraud; Your sole purpose in circumventing is identifying and analyzing parts of the program needed to achieve interoperability; The reverse engineering will reveal information necessary to achieve interoperability; Any interoperable program you created as a result of the reverse engineering is non-infringing; You have authorization from the owner or operator of the reverse engineered software or the protected computer system to do your research; You are engaged in a legitimate course of study, are employed, or are appropriately trained or experienced, in the field of encryption technology. You provide timely notice of your findings to the copyright owner. https://www.eff.org/issues/coders/reverse-engineering-faq#faq9 https://www.eff.org/issues/coders/reverse-engineering-faq#fa...
- unaindz 4y ago
  You can follow our instructions to try and appease the powers that be but we deserve the right to ignore our rules and go after you anyways. We are the Law.
- squarefoot 4y ago
  There is a similar but less restrictive exemption in Europe, specifically aimed at permitting interoperability. https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009L0024 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A... On the other hand, it contains some traps that can be used to put some limits back in, such as the last lines here: (emphasis mine) "(15) The unauthorised reproduction, translation, adaptation or transformation of the form of the code in which a copy of a computer program has been made available constitutes an infringement of the exclusive rights of the author. Nevertheless, circumstances may exist when such a reproduction of the code and translation of its form are indispensable to obtain the necessary information to achieve the interoperability of an independently created program with other programs. It has therefore to be considered that, in these limited circumstances only, performance of the acts of reproduction and translation by or on behalf of a person having a right to use a copy of the program is legitimate and compatible with fair practice and must therefore be deemed not to require the authorisation of the rightholder. An objective of this exception is to make it possible to connect all components of a computer system, including those of different manufacturers, so that they can work together. Such an exception to the author's exclusive rights may not be used in a way which prejudices the legitimate interests of the rightholder or which conflicts with a normal exploitation of the program."
dragonwriter 4y ago
The bigger issue is that none of the things here is a copyright protection mechanism within the scope of the DMCA to start with, so the DMCA doesn’t even apply.

Paul-Craft 4y ago

Yes, but it's not that simple: What Exceptions Does DMCA Section 1201 Have To Allow Reverse Engineering? Section 1201 contains an exception for reverse engineering, as well as security research, encryption research, and the distribution of security tools, all of which may support reverse engineering. However, these exceptions are drafted very narrowly. If your research might implicate section 1201, consult a lawyer to see if you can do your work in a way that is allowed by one of the relevant exceptions or by an exemption periodically granted by the Copyright Office. The following factors are relevant to whether you are entitled to a reverse engineering, research or security exception. However, meeting any or all of these factors will not necessarily protect your work. The list is offered just to give you an idea of the kinds of things that distinguish permissible from impermissible reverse engineering: You lawfully obtained the right to use a computer program; You disclosed the information you obtained in a good faith manner that did not enable or promote copyright infringement or computer fraud; Your sole purpose in circumventing is identifying and analyzing parts of the program needed to achieve interoperability; The reverse engineering will reveal information necessary to achieve interoperability; Any interoperable program you created as a result of the reverse engineering is non-infringing; You have authorization from the owner or operator of the reverse engineered software or the protected computer system to do your research; You are engaged in a legitimate course of study, are employed, or are appropriately trained or experienced, in the field of encryption technology. You provide timely notice of your findings to the copyright owner. https://www.eff.org/issues/coders/reverse-engineering-faq#faq9 https://www.eff.org/issues/coders/reverse-engineering-faq#fa...

unaindz 4y ago
You can follow our instructions to try and appease the powers that be but we deserve the right to ignore our rules and go after you anyways. We are the Law.
squarefoot 4y ago
There is a similar but less restrictive exemption in Europe, specifically aimed at permitting interoperability. https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009L0024 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A... On the other hand, it contains some traps that can be used to put some limits back in, such as the last lines here: (emphasis mine) "(15) The unauthorised reproduction, translation, adaptation or transformation of the form of the code in which a copy of a computer program has been made available constitutes an infringement of the exclusive rights of the author. Nevertheless, circumstances may exist when such a reproduction of the code and translation of its form are indispensable to obtain the necessary information to achieve the interoperability of an independently created program with other programs. It has therefore to be considered that, in these limited circumstances only, performance of the acts of reproduction and translation by or on behalf of a person having a right to use a copy of the program is legitimate and compatible with fair practice and must therefore be deemed not to require the authorisation of the rightholder. An objective of this exception is to make it possible to connect all components of a computer system, including those of different manufacturers, so that they can work together. Such an exception to the author's exclusive rights may not be used in a way which prejudices the legitimate interests of the rightholder or which conflicts with a normal exploitation of the program."

dragonwriter 4y ago

The bigger issue is that none of the things here is a copyright protection mechanism within the scope of the DMCA to start with, so the DMCA doesn’t even apply.