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The individual researchers and technologists of
USACM believe that reverse engineering is critical
for systems interoperability and facilitates the
research, development, and testing of information
processing systems. The software engineering and
research communities also utilize reverse engineering
to investigate security risks and develop programs
that impede the spread of viruses and other kinds
of malicious software, craft emergency fixes to
newly- discovered flaws, address compatibility issues
(e.g., Y2K compliance of old software), and determine
whether provided software has "Trojan Horse"
components that might violate privacy or legal interests
of the end user. Additional restrictions on reverse
engineering would have serious stifling consequences
for software engineers, the computing community,
and individual members of USACM involved in education
and research, as well as the overall security of
the information infrastructure and electronic commerce.
USACM Activities
- On September 17, 2002, USACM joined a diverse
coalition of interested parties in submitting
an Amici Curiae brief in Bowers
v. Baystate Technology. USACM and others on
the brief expressed concern that the terms of
a shrinkwrap license can be used to restrict the
ability to reverse engineer and limit exceptions
to copyright law. On June 16, 2003, the case was
remanded to the U.S. Appeals Court for the Ninth
District.
- July 11, 2002 USACM signed on to a brief in
DVDCCA
v. Bunner supporting the right of researchers
to reverse engineer. The brief seeks that the
Court reaffirm the long standing principle of
trade secret law that reverse engineering of mass-
marketed products is a lawful way to acquire a
trade secret. In addition, the brief argues that
the Court should repudiate the notion that an
anti-reverse engineering clause in a mass-market
license can override the right to reverse engineer.
For more information about the case see a
Newsbytes article.
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