detect and fix bugs and other malicious software.

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taniyaakter
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Joined: Tue Dec 24, 2024 6:42 am

detect and fix bugs and other malicious software.

Post by taniyaakter »

Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and use technological means to circumvent a technological measure, or to circumvent the protection afforded by a technological measure, to enable its identification and analysis under paragraph (1), or for the purpose of enabling the interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so is not an infringement under this Title.
The information obtained by the acts permitted under paragraph (1), and the means permitted under paragraph (2), may be made available to other persons if the person referred to in paragraph (1) or (2), as the case may be, provides such information or means solely for the purpose of enabling the interoperability of an independently created computer program with other programs, and to the extent that doing so is not an infringement under this Title or does not violate applicable law other than this section.
In this subsection, the term “interoperability” refers to the ability of Costa Rica Phone Number Library computer programs to exchange and use information between themselves.

The Copyright Act therefore strikes a balance between the exclusive privileges of the copyright owner and the rights of others to make technological advances. The exemptions in the law allow for “essential” steps and archival copies. It therefore allows reverse engineering if it is deemed necessary to achieve ‘interoperability’. Reverse engineering, particularly in the case of software, can help to gain a better understanding of its workings and to
Trade Secret Law
In the case of Kewanee Oil Co. v. Bicron Corp., the United States Supreme Court ruled that trade secret laws could not be eliminated by “discovery by a fair and honest method,” such as reverse engineering.

Again, in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., the SC ruled in favor of reverse engineering when it declared that “the general public was still free to discover and exploit the trade secret by reverse engineering products in the public domain or by independent creation.”

In states like Texas and California, reverse engineering is legally permitted. However, reverse engineering that violates a non-disclosure agreement (NDA) is frowned upon. So, if you are pursuing technology that is subject to contractual restrictions, it is best to seek legal advice before proceeding further.
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