Re: Affecting Institutional Change (Yeah Right)
Johannes Wiedersich writes:
> So the reverse engineering of that code legally would have to be done in,
> say Germany. Any reverse engineering and decompiling required to allow
> interoperability with other computer programs is perfectly legal...
I wrote:
> This is true in the US as well.
Ron Johnson write:
> Are you sure? The DMCA seems to prohibit such activities.
TITLE 17 CHAPTER 12 § 1201
§ 1201. Circumvention of copyright protection systems
(f) Reverse Engineering.
(1) Notwithstanding the provisions of subsection (a)(1)(A), a person who
has lawfully obtained the right to use a copy of a computer program may
circumvent a technological measure that effectively controls access to
a particular portion of that program for the sole purpose of
identifying and analyzing those elements of the program that are
necessary to achieve interoperability of an independently created
computer program with other programs, and that have not previously been
readily available to the person engaging in the circumvention, to the
extent any such acts of identification and analysis do not constitute
infringement under this title.
(2) Notwithstanding the provisions of subsections (a)(2) and (b), a person
may develop and employ technological means to circumvent a
technological measure, or to circumvent protection afforded by a
technological measure, in order to enable the identification and
analysis under paragraph (1), or for the purpose of enabling
interoperability of an independently created computer program with
other programs, if such means are necessary to achieve such
interoperability, to the extent that doing so does not constitute
infringement under this title.
(3) The information acquired through the acts permitted under paragraph
(1), and the means permitted under paragraph (2), may be made available
to others if the person referred to in paragraph (1) or (2), as the
case may be, provides such information or means solely for the purpose
of enabling interoperability of an independently created computer
program with other programs, and to the extent that doing so does not
constitute infringement under this title or violate applicable law
other than this section.
(4) For purposes of this subsection, the term interoperability means the
ability of computer programs to exchange information, and of such
programs mutually to use the information which has been exchanged.
There are aso exemptions for nonprofit libraries, archives, educational
institutions, law enforcement, and encryption research.
--
John Hasler
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