Legal Study On The Computer Software Reverse Engineering

Computer software reverse engineering is a process that we deduce its source codes through decompiling or disassembling the target program of the software, and obtain the ideas, principles, algorithms, processes, organizational structure, function, performance, specifications and other design elements in the software program. Some Chinese laws, such as "Interpretation of the Supreme People's Court on Some Issues Concerning the Application of Law in the Trial of Civil Cases Involving Unfair Competition" have provided several regulations on that issue, but the regulations are not mature and difficult to deal with complex software reverse engineering problems. Therefore, the purpose of this thesis is to analyze the legal issues in the process of software reverse engineering, discuss foreign legislative and judicial practices, and improve Chinese software reverse engineering legislations, to provide a better legal environment for software industry.This thesis contains three parts, the first part introduces the concept of software reverse engineering, and then discusses the legal nature of the software reverse engineering. As the source codes and the object codes are the different form of a same program, the process of transferring object codes into source codes constitutes duplication, so the process of software reverse engineering is essentially the replication process. Then this thesis brings forward the main legal issues existing in the software reverse engineering. First, whether the replication in the software reverses engineering constitutes fair use and whether the software reverse engineering is lawful in any condition. Second, whether the implementation of reverse engineering on software with technical protection measures without permission constitutes an infringement. Third, whether the contract terms that prohibit the implementation of software reverse engineering are binding.The second part analyzes the legal issues in the software engineering and introduces legislative and judicial experiences of other countries, such as the United States and the European Union. Firstly, the United States, the European Union and some other countries have conditionally admitted the legality of software reverse engineering in the legislative and judicial practices. Secondly, the United States and the European Union hold that the software reverse engineering is the limitation and exception of technical protection measures. In addition, the United States and the European Union deny the legal effect of contract restriction terms on the software reverse engineenng.The third part analyzes the current China's legislations on software reverse engineering and points out the defects. Then, according to the foregoing discussions, the thesis puts forward the suggestions on the legal issues in the software reverse engineering——the legality of software reverse engineering, the limitation and exception of technical protection measures, and the reverse engineering contract prohibition terms effect.