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Re: packaging reverse engineered code when an EULA forbids this



Hi Julian,

On Tue, Jun 03, 2014 at 11:21:08PM +0200, Julian Taylor wrote:
> hi,
> I was asked by ftp-masters to clarify the status of some files in the
> scipy package [0]
> The files are are simple serialized numeric arrays created by the
> proprietary program IDL. They are used as testcases for a reverse
> engineered implementation the de/serialization in the python scipy package.
> The data in the files are just a couple random numbers in a certain
> format and should not fall under any copyright.
> The issue seems to be that reverse engineering is not allowed by IDL's
> EULA as the files contain following header:

>   IDL Save/Restore files embody unpublished proprietary information
>   about the IDL program. Reverse engineering of this file is therefore
>   forbidden under the terms of the IDL End User License Agreement
>   (IDL EULA). All IDL users are required to read and agree to the
>   terms of the IDL EULA at the time that they install IDL.
>   Software that reads or writes files in the IDL Save/Restore format
>   must have a license from ITT Visual Information Solutions
>   explicitly granting the right to do so. In this case, the license
>   will be included with the software for your inspection. Please
>   report software that does not have such a license to
>   ITT Visual Information Solutions (info@ittvis.com).

> The io code itself is DFSG free.
> Is there any issue in packaging and distributing this code and these
> simple testcase?

> A user may not be able to use the code legally, but on the other hand
> he/she probably also never accepted IDL's EULA as IDL is not being used.
> To me this notice hardly has any legal relevance at all and should not
> be an issue for packaging.

> I have inquired upstream about this and according to a comment in the
> source it was apparently written with permission of ITT Visual
> Information Solutions, but the exact correspondence has not turned up yet.

A couple points here:

 - In many jurisdictions (definitely in the US, and IIRC in the EU),
   prohibitions on reverse engineering are null and void.
 - In the event that such a prohibition on reverse engineering does have
   legal force, the author would be in violation of the EULA; but this does
   not imply that, once created, there is any liability on the part of the
   distributor or the user.

We should not a priori block software from inclusion in Debian just because
it has been reverse-engineered in apparent contravention of an EULA.  It's
for the courts to determine if such a work infringes copyright of the
original.

-- 
Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
Ubuntu Developer                                    http://www.debian.org/
slangasek@ubuntu.com                                     vorlon@debian.org

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