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Yes, but it's not that simple: What Exceptions Does DMCA Section 1201 Have To Allow Reverse Engineering? Section 1201 contains an exception for revers
by 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 agoYou 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 agoThere 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."