[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

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



Reply to: