Just for interest.. here is the European Copyright Directive language with
respect to reverse engineering. Note that reverse engineering is quite
limited. Also, more accurately, the contractual prohibition may be null and
void but there are no other consequences AFAIK e.g. fines, etc.
Article 6 Decompilation
1. The authorization of the rightholder shall not be required where
reproduction of the code and translation of its form within the meaning of
Article 4 (a) and (b) are indispensable to obtain the information necessary
to achieve the interoperability of an independently created computer program
with other programs, provided that the following conditions are met:
(a) these acts are performed by the licensee or by another person having a
right to use a copy of a program, or on their behalf by a person authorized
to to so;
(b) the information necessary to achieve interoperability has not previously
been readily available to the persons referred to in subparagraph (a); and
(c) these acts are confined to the parts of the original program which are
necessary to achieve interoperability.
2. The provisions of paragraph 1 shall not permit the information obtained
through its application:
(a) to be used for goals other than to achieve the interoperability of the
independently created computer program;
(b) to be given to others, except when necessary for the interoperability of
the independently created computer program; or (c) to be used for the
development, production or marketing of a computer program substantially
similar in its expression, or for any other act which infringes copyright.
3. In accordance with the provisions of the Berne Convention for the
protection of Literary and Artistic Works, the provisions of this Article
may not be interpreted in such a way as to allow its application to be used
in a manner which unreasonably prejudices the right holder's legitimate
interests or conflicts with a normal exploitation of the computer program.
Article 9 Continued application of other legal provisions
1. The provisions of this Directive shall be without prejudice to any other
legal provisions such as those concerning patent rights, trade-marks, unfair
competition, trade secrets, protection of semi-conductor products or the law
of contract. Any contractual provisions contrary to Article 6 or to the
exceptions provided for in Article 5 (2) and (3) shall be null and void.
From: Paul Martin <[EMAIL PROTECTED]>
To: [email protected]
Subject: Re: license for a mix of free sw + propritary stuff
Date: Mon, 30 Apr 2001 18:37:36 +0100
On Mon, Apr 30, 2001 at 01:13:29AM -0500, David Starner wrote:
> It's not in the power of a copyright license to forbid me from reverse
> engineering something. That would take a shrinkwrap license.
In the European Union, it would be an unlawful restriction of rights,
too.
--
Paul Martin <[EMAIL PROTECTED]>
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