Study Of Computer Software Reverse Engineering Legal Issues

Software Reverse engineering is a process that we deduce its original source program through analyzing the target program of the software. The paper will first introduce the concept, market demand and aim of reverse engineering of computer software, and will also analyze the opposing views of field of law at home and abroad. I think that our legal system should give the reverse engineering of computer software certain legality. Because : from the view of economy, allowing certain degree of reverse engineering can make the software vendors develop software compatibility actively; can help developers improve technologies actively; can help lower the price and development cost of the software. Second, this paper will examine the international conventions, judicial and legislative EU legislation and the United States and discover that the protection of software technologies throughout the world is all suited to the development of computer software. Different protection degree for different software technology development. In fact, US, EU and some other countries have already established the lawful status of reverse engineering on condition in judicial and legislative practice, we can see the lawful status of reverse engineering have been set up with conditions. Although WCT and WPPI passed by WIPO in 1996 request parries to the convention provide legal protection to the technique measures which exempt infringement, but the two conventions gave a limitation and exceptionary regulations to authorizing rights to authors and relative persons. China's current software technology is still relatively weak and to a great degree relay on foreign technology, therefore, within the permission of international convention, China should establish a broad scope of legality of reverse engineering computer software. Finally, the paper analyses China's copyright law, anti - unfair competition law, contract law. Knowing that China's current laws and regulations have not explicitly related to the legality of reverse engineering computer software, and haven't prohibited it.So, we should adapt the mature experience of foreign countries, establish the legal status of reverse engineering computer software and formulate logical, workable rules to provide an operating platform and infrastructure for the judiciary, to ensure the realization of the rights of public access to knowledge and information.