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USACM Policy Brief

Reverse Engineering


 

    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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