4 ms·
Jurisprudence does not only establish that clauses that prohibit reverse engineering are enforceable, it clearly establishes that those clauses supersede the re
by turquoisevar 3y ago
Jurisprudence does not only establish that clauses that prohibit reverse engineering are enforceable, it clearly establishes that those clauses supersede the reverse engineering exception in the DMCA, see Bowers v. Baystate Technologies, 320 F.3d 1317 (Fed. Cir. 2003)[0]
And both Apple’s OS licenses and Apple’s MediaToS, both of which require agreement before being able to reach the parts that were reverse engineered, explicitly prohibit reverse engineering.
But the civil liability isn’t the most interesting part of this story.
The interesting part is that this referral to the DOJ can blow up in Beeper’s face in a violent way.
While there’s nothing the antitrust division of the DOJ can do here no matter how badly the congressional critters misrepresent the situation in the letter, CCIPS can definitely pursue computer trespass charges as defined in the CFAA due to Beeper’s unauthorized access of Apple’s servers.
0: https://law.resource.org/pub/us/case/reporter/F3/320/320.F3d.1317.01-1109.01-1108.html https://law.resource.org/pub/us/case/reporter/F3/320/320.F3d...