Re: Reverse engineering in UK Law

On 2/24/97, David Swarbrick <David[_at_]swarb.demon.co.uk> wrote:
>
> 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.

The new Copyright Bill for Hong Kong which was published in the Official Gazette on 21 February 1997 has the following provisions based on the UK Act:

60. Lawful user may decompile computer program:

(1) A lawful user of a copy of a computer program expressed in a low level language may --

(a) convert it into a version expressed in a higher level language or
(b) incidentally in the course of so converting the program, copy it,

(that is, to "decompile" it) without infringing the copyright in the program, if the conditions in subsection (2) are met.

(2) The conditions are that --

[same as sub-paragraph (2) of section 50B of the UK Act, except that "necessary" in the UK Act is replaced with "indispensable" here.]

(3) Without prejudice to the generality of subsection (2), the conditions in subsection (2) are not met if the lawful user --

[same as sub-paragraphs 3(a) - (d) of section 50B of the UK Act]

(4) This section has effect subject to any agreement to the contrary.

The new Copyright Bill has its first reading tomorrow before the Legislators. This decompilation provision is one of the sticking points for the Government who needs to push through this legislation before 30 June 1997 otherwise Hong Kong will NOT have a copyright law on the handover of the territory to mainland China.

Huey Tan
Baker & McKenzie Hong Kong
Tel: (852) 2846 1555 Fax: (852) 2523 6928 Email : Huey.Tan[_at_]Bakernet.com

^^^^China beckons : "One Country, Two Systems"^^^^

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