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Topic created on: February 26, 2007 22:21 CST by kazster  .
Hey guys,
I posted about this on some other RCE forums but I didn't get a straight answer. I recently reverse engineered the specs for a private file format used by an application. I want to publish my findings online as well as provide opensource plug-ins that will open that file format in other software of the same genre.
Does anyone know if this is legal to do in Canada/US? Any information would be helpful.
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I'm not too sure if I understand. I've seen software out in the public that allows the use of a variety of file formats that don't have open specs. For example OpenOffice will open a variety of different file types, but I doubt anyone gave the developers of OpenOffice permission to use those file formats.
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I am not a lawyer, nor do I play one on TV, but I believe the DMCA only applies to copyright protection mechanisms. Reversing for interoperability appears to be allowed under the DMCA.
That is why it is fine for Sun (via Star/OpenOffice) to RE the MS Office file formats, but reversing the DVD copyright protection mechanism would be against the DMCA.
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Like drew, I make no attempt to pretend to be a lawyer.
But, my understanding of the DMCA, right or wrong, a person can raise it over very little. Basically, it seems to being leveraged as a legal means of smashing competition and or the opening of a format by effectively "out-moneying" a smaller company or individual with legalese.
I would say go for it, but I would do a cursory call of a lawyer just to cover yourself. None of us here are lawyers, thus we are speculating on only what we have seen or heard. Thankfully I have not met the DMCA face first.
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IANAL. Outside of DMCA, *how* you RE'd seems to be of some issue. If, for example, you looked at the code for the file format, and then proceed to write some code, you open yourself to some problems.
Additionally, Canada and the US seem quite different. As far as I can tell, Canada is much more open to reverse engineering then the US at this time.
I think you need a lawyer, some insurance or some reckless disregard for your legal position. All are pretty valid options. You can reduce the recklessness of the latter by floating some trial balloons of partial information or the like and gauging the reaction, but it is only mitigation.
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if the format uses at least one patent algorithm, you can't use it without direct permission, also formant might be patented by itself. if the format includes some protection mechanisms (like DVD), you can't use it free.
on the other hand, laws don't forbid to crating "compatible" software by third parties. for example: OpenOffice works with M$ Office files, Linux/BSD mounts NTFS volumes, and many third-parties utilities recover NTFS volumes. this is all about undocumented formats, but... M$ doesn't mind, despite OpenOffice decreases it sales. so, feel free to reverse format and use it, just don't tell how you obtain this particular information. my lawyer told me: if I confess that reversing taked place, I should dig a grave, but if I keep silence - all ok. (maybe I found this information on the net, how knows?) nobody can prove you was reversing it, but you, so, just don't cry peccavi.
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