People have always researched and modified technologies in their lives, whether it`s crystal radios, cars, or computer software. Reverse engineering is an expression of this DIY impulse. Unfortunately, the legal regulation of reverse engineering can affect Freedom to Tinker in several ways. This FAQ contains information that can help programmers reduce their legal risk. Isis Caulder is a Toronto lawyer and patent attorney with a master`s degree in electrical engineering. Isis is a partner at intellectual property firm Bereskin & Parr. She can be reached by phone at (416) 364-7311 or by email at icaulder@bereskinparr.com. This article is intended to provide general information about intellectual property and should not be considered as legal advice. This may come as a surprise to most Canadians, but weather changes – activities like recording a TV show – are not technically legal in Canada.
However, following Sony`s decision in the U.S. declaring this activity legal, it is unlikely that a Canadian court will rule otherwise, especially given the extent of the practice. In the case of the lease, it could be argued that recordings for time-shifted content for subsequent private studies or reviews are fair agreements. However, time lags are not expressly permitted by copyright law. Permission: A copyright owner can always give you permission to make copies (possibly in a license agreement), and depending on the type of permission, they can allow reverse engineering. For example, if a license agreement allows you to “use” the software and does not explicitly prohibit reverse engineering, this may be the full permission you need. In other words, Section 1201 creates a potential legal barrier for a researcher or programmer when a software provider uses mechanisms that control how copyrighted software or other material can be accessed or used. Many people think that Section 1201 prohibits the cracking of digital rights management (DRM) systems.
However, the wording of Article 1201 prohibits more than breaking the traditional “copy protection” mechanisms applied to DVDs and digital video downloads. It also prohibits breaking “access controls.” Software vendors have argued, or are likely to argue, that techniques such as authentication handshakes, code signing, code obfuscation, and protocol encryption are all considered “technical protections” protected by the DMCA. While exploring these techniques may be legal for a variety of reasons, researchers working on encryption, security, and creating interoperable programs need to consider whether Section 1201 applies to their research. Section 1201 includes an exception for reverse engineering, as well as security research, encryption research, and distribution of security tools, all of which may support reverse engineering. However, these exceptions are very limited. If your research might involve section 1201, consult a lawyer to see if you can do your work in a way that is permitted by one of the relevant exceptions or by an exception granted periodically by the Copyright Office. The following factors are relevant to determining whether you qualify for a reverse engineering, research or security exemption. However, if you meet any or all of these factors, your work may not be protected. The list is only meant to give you an idea of what distinguishes allowed reverse engineering from prohibited reverse engineering: What are the legal restrictions on reverse engineering? Actions involved in or resulting from the reverse engineering of a product may violate various laws, including patent laws, copyright laws, and contract laws. Therefore, reverse engineering should always be done with caution. Can the parties assign the right to reverse engineer? Reverse engineering generally does not violate the Trade Secrets Act because it is a fair and independent way to learn from information, not misappropriation.
Once the information has been discovered fairly and honestly, it can also be reported without violating the Trade Secrets Act. In general, reverse engineering is permitted under the federal trade secrets law, the Trade Secret Defense Act (DTSA). The DTSA prohibits the misappropriation of trade secrets – this means acquiring trade secrets by “improper means”, such as “theft, bribery, misrepresentation, breach or instigation of a breach of a duty of confidentiality, or espionage by electronic or other means”. The DTSA explicitly states that reverse engineering per se is not an “inappropriate means.” But reverse engineering combined with “improper means” will violate the DTSA. For example, if the product that has been reverse-engineered was stolen or obtained by lying, trade secrets are still being misused. Do not hesitate to contact EFF if you need help finding a qualified lawyer to advise you on reverse engineering. Wasn`t there some kind of controversy about Skype`s reverse engineering? By using the term “legally risky” here, we are not saying that the activity is certainly legal or illegal. We are saying that these are areas where the law can apply, so any researcher considering these steps should take the time to think about them and probably get legal help. Disclaimer: The information contained in this fact sheet is intended as an educational resource only and should not be construed as legal advice. In general, reverse engineering is permitted and does not violate trade secret laws. However, when performing reverse engineering, it is important to be aware of the contractual obligations and rights arising from the purchase, end-user license, and other agreements that may affect the scope of permitted reverse engineering. And different states may view reverse engineering contractual provisions differently, which in turn may affect claims for misappropriation of trade secrets.
Fair dealing: The fair dealing doctrine allows users to make unauthorized copies in certain circumstances. Courts have concluded that reverse engineering for interoperability, for example, can be fair use. No really. There are many places where it`s already legal, which is why DVDJon was acquitted. Obviously, there are programmers living in Canada who are now legally able to do that, but nothing changes that. The legal issues raised by reverse engineering are complex, and the legal risks may depend on certain legal facts and doctrines that are beyond the scope of this general guide. This FAQ is intended to familiarize you with some of the principles at play so that you can have a more effective discussion when hiring a lawyer to help you in your particular situation. Increasingly, contractual clauses prohibiting reverse engineering are included in technology and software licenses. Sometimes sellers insert these clauses into “shrink wrap”, “click wrap” or “browse wrap” licenses without the user being able to negotiate the terms of this license. A proposed amendment to contract law called the Uniform Computer Information Transactions Act, already made by some U.S.
state legislators, would make these types of contracts enforceable and therefore harder to challenge their reverse engineering provisions. This FAQ is intended for non-lawyers who want general information about how U.S. laws may affect reverse engineering by computer programmers. This information is intended as a general guide to the issues and does not constitute legal or technical advice. This was done to make a clone. A competing product. Doing this so that compatible applications that are not competitive can be provided should be and is now legal in Canada. Why are companies going backwards? Reverse engineering techniques are used to develop competing interoperable products, as well as to analyze the performance of a competitor`s product, what it does, who makes it, what components it consists of, estimate costs, identify potential patent infringements, etc. More importantly, companies use reverse engineering techniques to help develop a competing product that does not infringe a competitor`s patent. In the United States, the Digital Millennium Copyright Act generally prohibits the circumvention of technological protections that, at first glance, appear to prevent the reverse engineering of measures that control access to a copyrighted work.