In the
Digital Millennium Copyright Act, as part of the anticircumvention provisions added as Section 1201 of the Copyright Act, Congress specifically recognized reverse engineering needed for interoperability as an exception to the anticircumvention rules:
A person who has lawfully obtained the right to use a copy of a computer program
(i.e., purchased a copy of IL-2 computer game) 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
(i.e., interoperability of the Freetrack 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. {FN98: 17 U.S.C. §1201(f)}
In its Committee Report explaining the Digital Millennium Copyright Act, the Senate Committee on the Judiciary specifically cited
Sega v. Accolade and indicated:
“The purpose of this section is to foster competition and innovation in the computer and software industry.” {FN99: Sen. Rep. No. 105-190 at 12}
Source: http://digital-law-online.info/lpdi1...5.html#secV.B.
But it's a hack.
