How Could Contract Law Limit Reverse Engineering?
Most software today comes with EULAs, and EULAs may have “no reverse engineering” clauses. Websites or other internet services also may TOS or TOU that purport to restrict otherwise legal research activities. Researchers and programmers sometimes receive access to code pursuant to an NDA, developer agreement or API agreement that restricts the right to report security flaws. The legal status of contractual prohibitions on security research or vulnerability reporting is still in flux. While it is more likely that a court will enforce a negotiated NDA than a mass market EULA, the law is not clear. Be sure to consult with counsel if the code you want to study is subject to any kind of contractual restriction.
