Research On Legal Problems Of Software Reverse Engineering

Software reverse engineering generally refers to the technology of transforming program machine code into high-level language code by observing,learning,and obtaining algorithm ideas or organizational structures through reverse compilation or disassembly tool software.Reasonable use means that,in a statutory context,works may be used without the author's consent or even without payment of compensation.Judging whether or not it is a fair use standard can not be simply based on whether it is profitable or not.It also needs to consider the nature of the work being used,the proportion of the use part of the work and the proportion of the core content,the value of the work or the potential market impact.In the implementation of reverse engineering of software,the scope of implementation should be limited from the aspects of implementation subject,purpose,and object,and the interests of software copyright owners,reasonable users,and the general public should be balanced.The prohibition of reverse engineering clauses is a format clause set by the software owner in order to safeguard his own interests and violates the principle of balance of interests,but invalidating the anti-revolution clauses does not conform to social and technological progress.Therefore,the absolute prohibition of reverse engineering clauses should be invalid,and the relative prohibition of reverse engineering clauses can be effective.The specific criteria for the effectiveness of technological protection measures should be applied in accordance with the principle of "ordinary users",that is,technical measures cannot be cracked by ordinary users using "general skills" or "universal tools" they have mastered.In fact,developed countries in Europe and the United States have relatively mature software-related reverse engineering legislation and judicial practices.China,as a country with a relatively backward software industry,should learn from the advanced experiences of European and American advanced countries in software reverse engineering and according to the domestic software industry in China.The specific circumstances of its legal regulation.