反向工程所面临的问题（下载）

semico_ljj

IV. Reverse Engineering in the Computer Software Industry
A. Reverse Engineering of Software And Copyright Law
B. The Economics of Interoperability and of Reverse Engineering
C. Reverse Engineering of Software And Patent Law
D. Reverse Engineering of Software And Contract Law
V. Reverse Engineering of Technically Protected Digital Content
A. Legislative History of the DMCA Anti-Circumvention Rules
B. An Economic Rationale for the DMCA Rules
C. Collateral Damage of Overbroad DMCA Rules
D. Alternatives to the DMCA Anti-Circumvention Rules

Reverse Engineering

semico_ljj

Conclusion
Reverse engineering is fundamentally directed to discovery and learning.
Engineers learn the state of the art not just by reading printed publications, going to
technical conferences, and working on projects for their firms, but also by reverse
engineering others’ products. Learning what has been done before often leads to new
products and advances in know-how. Reverse engineering may be a slower and more
expensive way for information to percolate through a technical community than patenting
or publication, but it is nonetheless an effective source of information.376 Of necessity,
reverse engineering is a form of dependent creation, but this does not taint it, for in truth,
all innovators, as the saying goes, “stand on the shoulders of giants”377 as well as on the
shoulder of other incremental innovators.378 Progress in science and the useful arts is
advanced by dissemination of know-how, whether by publication, patenting or reverse
engineering.

semico_ljj

We think it is no coincidence that most of the proposals to restrict reverse
engineering in the past two decades have arisen as to information-based products, such as
semiconductors and software. The high quantum of know-how that such products bear
on or near the face of the product make these products more vulnerable than traditional
manufactured goods to market-destructive appropriations.379 This is especially true when
the information is in digital form. Copying and distribution of digital products is
essentially costless and almost instantaneous in the digital networked environment. The
vulnerability of information products to market-destructive appropriations may justify
some limitations on reverse engineering or post-reverse engineering activities, but reverse
engineering is important to innovation and competition in all industrial contexts studied.
Adapting intellectual property law so that it provides adequate, but not excessive,
protection to innovations is a challenging task. In considering future proposals to limit
reverse engineering, we hope that policymakers will find it helpful to consider the
economic effects of mechanisms that have been employed in the past. Restrictions on
reverse engineering ought to be imposed only if justified in terms of the specific
characteristics of the industry, a specific threat to that industry, and the economic effects
of the restriction.

semico_ljj

We worry that the recent DMCA restrictions on reverse engineering may
propagate backwards and erode longstanding rules permitting reverse engineering in
other legal regimes. As Professors Dreyfuss and Kwall have observed, “the distinction
between, say, breaking into a factory (improper) and breaking into the product (proper)
may seem artificial.”380 It is, however, a distinction that has been a foundational
principle of intellectual property and unfair competition law, at least until enactment of
the DCMA. It is, moreover, a distinction whose abandonment could have detrimental
consequences for innovation and competition.

hgp264721

先看yixia

iamsailing

等等等等等等等等

piao

有道理啊

microuser

thanks!!!

jbww

DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD