Practical legal aspects of software reverse engineering

Abstract

A significant amount of litigation involving computer software focuses on reverse engineering. Reverse engineering is the method by which programmers study an existing program in machine readable code by breaking it down into human readable form to create a similar product or one that can be used in conjunction with the existing software. This process of converting a program from object code back into source code is known as "decompilation," or disassembly. If after reverse engineering a program, a second program is developed that is substantially similar to the original with more in common than just its functional operations, it is most likely a case of software copyright infringement. Recent case law has made it prudent to recognize several caveats when undertaking a reverse engineering project. Prudent software developers should consult with intellectual property attorneys to be sure they are in compliance with the latest case law.

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