On 2015-03-07 08:03 AM, John Cowan wrote:
thufir scripsit:
Please consider carefully your usage of requires versus allows. I
think the language barrier isn't helping, but I see now where you're
coming from, or at least what your concern is. Again, what is the
mechanism by which *properietary* software *prevents* reverse
engineering?
The terms of the license, to be sure. Many proprietary licenses require
you to give up the right to reverse engineer the software in order to
obtain the right to use the software at all. The statement "Reverse
engineering is legal" is not equivalent to "A license requirement not
to reverse engineer is void", any more than the freedom of speech means
that non-disclosure agreements are void. We can contract out of our
rights to do all sorts of things, and do so daily.
Well, I stand corrected. The book of knowledge (wikipedia) says:
Reverse engineering of computer software
<http://en.wikipedia.org/wiki/Computer_software> in the US often falls
under both contract law <http://en.wikipedia.org/wiki/Contract_law> as a
breach of contract <http://en.wikipedia.org/wiki/Breach_of_contract> as
well as any other relevant laws. This is because most EULA
<http://en.wikipedia.org/wiki/EULA>'s (end user license agreement)
specifically prohibit it, and U.S. courts have ruled that if such terms
are present, they override the copyright law which expressly permits it
(see /Bowers v. Baystate Technologies
<http://en.wikipedia.org/wiki/Bowers_v._Baystate_Technologies>/^[29]
<http://en.wikipedia.org/wiki/Reverse_engineering#cite_note-29> ^[30]
<http://en.wikipedia.org/wiki/Reverse_engineering#cite_note-30> ).
It was my understanding that contract law couldn't prohibit this. Ok,
well now I understand the concern :)
I don't think it's necessary to write a PDF about it, but, still,
interesting. IMHO this is bad policy, a bad law, but there you are.
Did this change at one point? I thought that reverse engineering was
found to be legal, at least in the US? And this Bowers v Baystate set a
precedent where it could be prohibited!?
Not good.
I'd hoped, and believed, that reverse engineering would always be legal,
provided you jump through the requisite hoops.
-Thufir
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