Re: Reverse engineering in UK Law

PALaSTI GaBOR <L96PAL44[_at_]sirius.ceu.hu> writes

> 
> Peter Brudenall <peterb[_at_]copyright.com.au> wrote:
> > 
> > I have recently heard that the UK has granted express rights to users 
> > of reverse engineering.  
> > 
> > Can anyone let me know when this was introduced, and the section of 
> > the Act that provides for it.
> > 
> > Any help would be greatly appreciated.

This is the section introduced into the Copyright Designs and Patents Act 1988 by the 1992 regulations

---50B.---

<92+ De-compilation

<92+ 50B.-(l) It is not an infringement of copyright for a lawful user
<92+ of a copy of a computer program expressed in a low level
<92+ language

<92+ (a) to convert it into a version expressed in a higher level
<92+ language, or

<92+ (b) incidentally in the course of so converting the program, to
<92+ copy it, (that is, to "decompile" it), provided that the
<92+ conditions in subsection (2) are met.

<92+ (2) The conditions are that

<92+ (a) it is necessary to decompile the program to obtain the
<92+ information necessary to create an independent program
<92+ which can be operated with the program decompiled of with
<92+ another program ("the permitted objective") and

<92+ (b) the information so obtained is not used for any purpose
<92+ other than the permitted objective.

<92+ (3) In particular, the conditions in subsection (2) are not met
<92+ if the lawful user--

<92+ (a) has readily available to him the information necessary to
<92+ achieve the permitted objective

<92+ (b) does not confine the decompiling to such acts as are
<92+ necessary to achieve the permitted objective:

<92+ (c) supplies the information obtained by the decompiling to any
<92+ person to whom it is not necessary to supply it in order to
<92+ achieve the permitted objective: or

<92+ (d) uses the information to create a program which is
<92+ substantially similar in its expression to the program
<92+ decompiled or to do any act restricted by copyright.

<92+ (4) Where an act is permitted under this section, it is
<92+ irrelevant whether or not there exists any term or condition in
<92+ an agreement which purports to prohibit or restrict the act (such
<92+ terms being, by virtue of section 296A, void).

===50B.===

---50C.---

<92+ Other acts permitted to lawful users

<92+ 50C.--(1) lt is not an infringement of copyright for a lawful
<92+ user of a copy of a computer program to copy or adapt it,
<92+ provided that the copying or adapting

<92+ (a) is necessary for his lawful use, and

<92+ (b) is not prohibited under any term or condition of an
<92+ agreement regulating the circumstances in which his use is
<92+ lawful.

<92+ (2) It may, in particular, be necessary for the lawful use of a
<92+ computer program to copy it or adapt it for the purpose of
<92+ correcting errors in it.

<92+ (3) This section does not apply to any copying or adapting
<92+ permitted under section 50A or 50B.

-- 
David Swarbrick, Solicitor, 22 Bradford Rd Brighouse HD6 1RW  UK
Tel: +44(0)1484 722531 Fax: +44(0)1484 716617
E-mail: david[_at_]swarb.demon.co.uk  
http://www.law-services.org.uk/swarbrick