2 Feb
2006
2 Feb
'06
6:17 p.m.
Hi,
On 2/2/06, Jerry <crashfourit(a)gmail.com> wrote:
"We conclude that where disassembly is the only
way to gain access
to the ideas and functional elements embodied in a copyrighted computer
program and where there is a legitimate reason for seeking such access,
disassembly is a fair use as a matter of law"--Sega Enterprises Ltd. v.
Accolade, Inc
Try reading the court finding "Our conclusion does not, of
course,insulate Accolade from a claim of copyright infringement with
respect to its finished products." Only if its clean roomed can you
make a case for it not being a copyright violation.
I love when someone brings up Title 17. I study this like other study the GPL.
The key point is section F1a1a
...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.
The term independance implies clean room orginal implementation
and futher section 2 states
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.
Once again we see 'independently created' and further we see 'if such
means are necessary'. One could argue that if I can make Windows
drivers and apps work under ReactOS without reverse enginering but by
only implementing the APIs listed in the DDK and SDK then such mean
ARE NOT necessary. It is only on a case by case basis where you must
site which means ARE necessary.
--
Steven Edwards - ReactOS and Wine developer
"There is one thing stronger than all the armies in the world, and
that is an idea whose time has come." - Victor Hugo