Quote:
Originally Posted by MadBlaster
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.  |
§117. Limitation on exclusive rights: computer programs (a)
Making of additional copy or adaptation by owner of copy. Notwithstanding the provisions of section 106 [17 USC 106], it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1)
that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or (2)
that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
(b)
Lease, sale, or other transfer of additional copy or adaptation. Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner. (c)
Machine maintenance or repair. Notwithstanding the provisions of section 106 [17 USC 106], it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if--
(1)
such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and (2)
with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.
(d)
Definitions. For purposes of this section--
(1)
the "maintenance" of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and (2)
the "repair" of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.
§107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A [17 USC § §106 and 106A], the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--
(1)
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2)
the nature of the copyrighted work; (3)
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4)
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.