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- From: tenney@netcom.com (Glenn S. Tenney)
- Subject: Re: reverse engineering
- Message-ID: <=8km=1f.tenney@netcom.com>
- Date: Sun, 26 Jul 92 21:43:37 GMT
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- Summary: IEEE changes position
- References: <1992Jul24.004149.7063@wuecl.wustl.edu>
- Sender: tenney@netcom.com (Glenn S. Tenney)
- Keywords: IEEE intellectual property
- Lines: 61
-
- The IEEE-USA's Intellectual Property Committee had worked to
- have the IEEE (general organization, not just U.S. Activities)
- join in the amicus curiae brief filed regarding
- the Sega v Accolade decision. The following is an excerpt
- from the IEEE's official statement of a few weeks ago.
- Any typos are mine.
-
- (( note, I'm a member of this committee, so I'm biased, but
- this makes the fourth amicus brief the IEEE has had and the second
- one that we've been able to get through))
-
- "Because IEEE feels that the decision in Sega v Accolade
- threatens to tilt that balance against the public's interest in
- fair computer-software competition and against the practice by
- computer engineers and computer scientists of their professions,
- without providing a needed incentive to software innovation, IEEE
- joins in the amicus curiae presentation by ACIS."
-
- "IEEE believes that the judgment is erroneous in two regards
- that adversely affect the public's interests: First, we believe that
- disassembly of computer code for study, whether or not commercially
- motivated, is an expedient necessary to technological progress in
- software engineering; and that such disassembly and study cannot be
- carried out without to some extent 'fixing' the code, or a
- derivative-work version of it, in a 'copy.' Second, we do not believe
- that courts should use sanctions of the copyright law or trademark law
- to help computer equipment sellers lock 'unauthorized' software out of
- the equipment that they sell to the public."
-
- --->>> BUT WAIT, THERE'S RECENT NEWS <<<---
-
- I just found out that although the IEEE board *had* approved
- joining the amicus on the Sega v Accolade, the board just met
- and rescinded their approval (meaning that the IEEE will
- be removing themselves on the amicus). It seems that a
- couple of major companies convinced the IEEE that no one
- uses reverse engineering! I understand that these two
- companies will (or have) be joining an amicus SUPPORTING
- the decision.
-
- Right! Doesn't everyone disassemble portions of a BIOS, or
- the Macintosh?
-
- I would like to report back to the IEEE how many people feel
- that reverse engineering is (or is not) a common and/or
- necessary practice. Please either respond to this, or email
- me (tenney@netcom.com) and I will tabulate opinions.
-
- Aside from the intellectual property issues, this recent
- decision makes me wonder whether the IEEE is responding to
- its members or to "big companies".
-
- Glenn Tenney
-
- (A member of the IEEE Intellectual Property Committee,
- but speaking solely for myself)
-
- tenney@netcom.com
- Voice: 415-574-3420 Fax: 415-574-0546
-
-
-