::: Area #157 (comp.sys.acorn.programmer)
Message: #48571 (Read 4 times, has 0 replies, 3208 bytes)
Date   : Thu Jun  1 18:23:38 2000
From   : trill@topeka.clara.co-invalid.uk
Subject: Re: Software copy protection - how?
Message-ID: <c6c185c749.trill@topeka.clara.co.uk>

In message <3935871D.6E92FE70@paradise-uk.net>
	   Ian Jeffray <ian@paradise-uk.net> wrote:

> You do NOT have the right to disassemble the code.

Wrong. The law explicitly gives us that right.

> The licence is quite clear about that. You have the licence to run the
> game, from the floppy disc, as provided, and that is all.

Wrong. See below.

> You may copy it to hard disc, but it still requires the floppy disc as a
> "key" to run.

I refer you to Directive 91/250/EEC (14th May 1991) (on the legal protection
of computer programs), which used to be available on
<http://www2.echo.lu/legal/en/ipr/software/software.html> -- I would be
grateful if someone could provide a more complete URL.

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:

[snip - conditions are that you perform the reverse-engineering yourself,
and that only to the extent absolutely required]

In short, you do not need "the authorization of the rightholder" like you
would for 4a (temporary reproduction of a program) or 4b (translation,
adaption, arrangement and any other alteration of a program).

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.

----

Basically, your license cannot prevent transfer of license. It cannot prevent
users making a backup copy, and it cannot prevent reverse-engineering by
individual users.

I'm sure that CORDIS (follow the legal link from the 404) will be happy to
clarify any issues you may have.

--
James MacDonald; Acorn/NeXT/Rush

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