[Patents] Reverse negineered info

[teb@gmx.li teb@gmx.li]

Zitiere Jean-Jacques de Jong <jean-jacques_de-jong@hp.com>:

> clock@atrey.karlin.mff.cuni.cz wrote:
> > 
> > > Karel Kulhavy wrote:
> > > >
> > > > Hello
> > > >
> > > > If I published on a web reverse-engineered information about how to
> > > > low-level program GeForce video card, would I infringe a patent or
> > > > commit a crime?
> > > >
> > >
> > > Publishing information cannot infringe a patent.
> > 
> > So the only thing I could infringe is a copyright. But if I did a
> > reverse-engineering, I assume I would be the author of the description,
> > not Nvidia. So is also copyright 100% OK?
> 
> That's OK too, because technical means (except for program code) are not
> copyrighted. The text you intend to publish will be your copyright.
> 
> JJJ
I cannot completely agree with you Jean-Jacques.
It is right, that one can get a copyright on own one's analysis. However 
under 
the law of European Community (put in force in the member states in the first 
half of the last decade) the fact of reverse engineering a program can 
infringe 
the copyright. Generally reverse engineering is forbidden. An exception  
applies, if it is done to allow interoperability. 

A restricted act according to Art. 4 lit. b) is "translation, adaptation, 
arrangement and any other alteration of a computer program". That includes 
reverse engineering. An authorization by the rightholder of the program is 
not 
necessary under the conditions of Art. 6 of the directive. I do not see that 
in 
a case like that the aim is to establish interoperability and fulfill the 
other 
two conditions of Art. 6 lit a), c) of the directive.
If you are publishing you have to respect Art. 6 § 2 lit. b) of the 
directive, 
too.

However having the right to use that program you can study and test its 
functioning while running it (Art. 5 § 3).

Thomas Ebinger



COUNCIL DIRECTIVE of 14 May 1991 on the legal protection of computer programs 
(91/250/EEC) 

(extracts)

Article 4 
            Restricted Acts Subject to the provisions of Articles 5 and 6, 
the 
exclusive rights of the rightholder within the
            meaning of Article 2, shall include the right to do or to 
authorize: 
            (a) the permanent or temporary reproduction of a computer program 
by 
any means and in any form, in part or in
            whole. Insofar as loading, displaying, running, transmision or 
storage of the computer program necessitate such
            reproduction, such acts shall be subject to authorization by the 
rightholder; 
            (b) the translation, adaptation, arrangement and any other 
alteration of a computer program and the
            reproduction of the results thereof, without prejudice to the 
rights 
of the person who alters the program; 
            (c) any form of distribution to the public, including the rental, 
of 
the original computer program or of copies
            thereof. The first sale in the Community of a copy of a program 
by 
the rightholder or with his consent shall
            exhaust the distribution right within the Community of that copy, 
with the exception of the right to control further
            rental of the program or a copy thereof. 

Article 5 
            Exceptions to the restricted acts 1. In the absence of specific 
contractual provisions, the acts referred to in
            Article 4 (a) and (b) shall not require authorization by the 
rightholder where they are necessary for the use of the
            computer program by the lawful acquirer in accordance with its 
intended purpose, including for error correction.
            2. The making of a back-up copy by a person having a right to use 
the computer program may not be prevented
            by contract insofar as it is necessary for that use. 
            3. The person having a right to use a copy of a computer program 
shall be entitled, without the authorization of
            the rightholder, to observe, study or test the functioning of the 
program in order to determine the ideas and
            principles which underlie any element of the program if he does 
so 
while performing any of the acts of loading,
            displaying, running, transmitting or storing the program which he 
is 
entitled to do.

Article 6 
            Decompilation 1. The authorization of the rightholder shall not 
be 
required where reproduction of the code and
            translation of its form within the meaning of Article 4 (a) and 
(b) 
are indispensable to obtain the information
            necessary to achieve the interoperability of an independently 
created computer program with other programs,
            provided that the following conditions are met: 
            (a) these acts are performed by the licensee or by another person 
having a right to use a copy of a program, or
            on their behalf by a person authorized to to so; 
            (b) the information necessary to achieve interoperability has not 
previously been readily available to the persons
            referred to in subparagraph (a); and 
            (c) these acts are confined to the parts of the original program 
which are necessary to achieve interoperability. 
            2. The provisions of paragraph 1 shall not permit the information 
obtained through its application: 
            (a) to be used for goals other than to achieve the 
interoperability 
of the independently created computer
            program; 
            (b) to be given to others, except when necessary for the 
interoperability of the independently created computer
            program; or 
            (c) to be used for the development, production or marketing of a 
computer program substantially similar in its
            expression, or for any other act which infringes copyright. 
            3. In accordance with the provisions of the Berne Convention for 
the 
protection of Literary and Artistic Works,
            the provisions of this Article may not be interpreted in such a 
way 
as to allow its application to be used in a
            manner which unreasonably prejudices the right holder's 
legitimate 
interests or conflicts with a normal
            exploitation of the computer program.