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Reverse Engineering & Competition

Reverse Engineering & Competition

  • A ban on reverse engineering is just another use restriction that publishers can impose.

  • Negotiated-contract bans are enforceable, but no such bans have been enforced in the mass market. UCITA makes them presumptively enforceable.

  • Federal law, such as Digital Millenium Copyright Act, limits the scope of the ban to some degree, but competitive, educational, and investigative uses of reverse engineering will still be banned unless federal courts rule otherwise, someday, after much expensive litigation.

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