Is the reverse engineering of a technological protection measure illegal under the DMCA?
The Digital Millennium Copyright Act (DMCA) made an effort to recognize the value of interoperability to competition and innovation and included an exemption expressly allowing reverse engineering in order to preserve a healthy market in the information technology industry. Section 1201(f) of the DMCA allows software developers to circumvent technological protection measures of a lawfully obtained computer program in order “the elements necessary to achieve interoperability of an independently created computer program with other programs.” A person may reverse engineer the lawfully acquired computer program only where the elements necessary to achieve interoperability are not otherwise readily available and reverse engineering is otherwise permitted under the copyright law. The reverse engineer is required to ask permission first, however. The prohibition on the dissemination of circumvention devices also applies to reverse engineering. Under the “trafficking ban”, a person may only de
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