Reverse engineering vs illegal hacking: Difference between revisions
Written introduction for EU Reverse Engineering |
Added clarification and suggestions for understanding the local law in the EU. |
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These exemptions require that circumvention be a ''"necessary step"'' for the permitted purpose and cannot facilitate access to other copyrighted works. | These exemptions require that circumvention be a ''"necessary step"'' for the permitted purpose and cannot facilitate access to other copyrighted works. | ||
== Reverse Engineering in the European Union == | ==Reverse Engineering in the European Union== | ||
=== Introduction and Overview === | ===Introduction and Overview=== | ||
European law tends to subjectively favor the ''Reverse Engineer'' (RE), including in situations such as "'''observe, study or test the functioning of the program''', provided that those acts '''do not infringe the copyright in the program'''"<ref name=":0">{{Cite web |date=23 April 2009 |title=Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (Codified version) (Text with EEA relevance) |url=https://eur-lex.europa.eu/eli/dir/2009/24/oj/eng |url-status=live |archive-url=https://web.archive.org/web/20250000000000*/https://eur-lex.europa.eu/eli/dir/2009/24/oj/eng}}</ref>, while going as far as "'''Decompilation for Interoperability'''"<ref name=":0" /> and "'''Decompilation for Error Correction and Repair'''"<ref name=":0" />. Strong emphasis is put on the intention and the desired outcome of the reverse engineering process. | European law tends to subjectively favor the ''Reverse Engineer'' (RE), including in situations such as "'''observe, study or test the functioning of the program''', provided that those acts '''do not infringe the copyright in the program'''"<ref name=":0">{{Cite web |date=23 April 2009 |title=Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (Codified version) (Text with EEA relevance) |url=https://eur-lex.europa.eu/eli/dir/2009/24/oj/eng |url-status=live |archive-url=https://web.archive.org/web/20250000000000*/https://eur-lex.europa.eu/eli/dir/2009/24/oj/eng}}</ref>, while going as far as "'''Decompilation for Interoperability'''"<ref name=":0" /> and "'''Decompilation for Error Correction and Repair'''"<ref name=":0" />. Strong emphasis is put on the intention and the desired outcome of the reverse engineering process. | ||
While this is the general E.U. law, each country has it's own interpretation on it, the Directive being more of a guideline. | While this is the general E.U. law, each country has it's own interpretation on it, the Directive being more of a guideline. For a safer approach, it is advised to carefully check the local legislation. Often times challenges come from the "legal speech" being difficult to understand by untrained personnel. [[wikipedia:Large_language_model|Large Language Models]]<ref>{{Cite web |title=Large Language Model |url=https://en.wikipedia.org/wiki/Large_language_model |url-status=live |website=Wikipedia}}</ref> (LLMs) could aid the legal research process, the bigger cloud-based LLMs often performing the best, double checking the information is mandatory. | ||
=== What is considered safe === | ===What is considered safe=== | ||