Re: How can I get the source code?
Re: How can I get the source code?
- Subject: Re: How can I get the source code?
- From: Tommy Knowlton <email@hidden>
- Date: Sun, 25 Jul 2004 16:35:23 -0600
Yes, but when you clicked that big friendly agree button or opened the
box, you agreed to a license agreement which probably said you can't
reverse engineer the product, so whether or not it's fair use is
largely irrelevant :)
Bzzzzt. Sorry, US courts (all the way up to the top) have already
stated, copyright owners may not extend their monopoly through "end
user license agreements". Try googling for "Bobbs-Merrill v Strauss" or
"Novell v CPU Distrib" or "Softman v Adobe". To the extent that
copyright and common law defines rights of the lawful recipients of a
copyrighted work, license terms may not restrict those rights. Put
another way, copyright is a special right created by the Congress under
authority of the US Constitution, and only the Congress may extend that
right.
Having said that, IANAL, and I agree with the sentiment already seen in
this thread: even if you're right, you can go broke proving it in US
court. There are plenty of potential plaintiffs out there who can, by
mere threat of litigation, prevent me exercising my rights.
Cheers,
--
Tommy
On Jul 24, 2004, at 07:30, Finlay Dobbie wrote:
On 23 Jul 2004, at 21:03, Tommy Knowlton wrote:
<quote href="http://www.bitlaw.com/copyright/fair_use.html";>
In the context of computer technologies, the fair use doctrine is
often used in the context of reverse engineering. Under trade secret
principles, it is generally accepted to "reverse engineer" a product
to determine how the product works. Reverse engineering may involve
analyzing circuit board layouts, "peeling" back a integrated circuit
chip, or decompiling computer software. However, it is impossible to
decompile software and then analyze the results without making a copy
(or a derivative work) of the software. Courts have sometimes held
that the making of these copies in the context of reverse engineering
is a fair use and is not copyright infringement.
</quote>
Yes, but when you clicked that big friendly agree button or opened the
box, you agreed to a license agreement which probably said you can't
reverse engineer the product, so whether or not it's fair use is
largely irrelevant :)
-- Finlay
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