Linked by Thom Holwerda on Tue 29th Nov 2011 14:18 UTC
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Member since:
2005-07-06
You can reverse-engineer legally in the US (don't know about Canada), but you have to use clean-room techniques. That means that the people decompiling the code to create the specs can't be the same people recreating the code. That makes it easier to prove that there is no direct copying.
IANAL, but the makers of the Mac emulator named Executor employed lawyers, and then explained this in the legal section of their docs. Unless there had been a major revision in the law since then, this should still be the case.
Oh course this only applies to copyright. Patents are, by definition, a monopoly on an idea, not on its expression. The case referenced in the article above was an attempt for SAS to treat copyright law like patent law, but the rights each conveys are different, and the opinion above is that you can't get patent-like protections from copyright. I don't know to what extent software patents are allowed in the relevant jurisdiction, but if they exist then SAS should have used them instead. If they don't, then they are SOL.
Disclaimer: None of the above should be taken as an endorsement of software patents. I don't like them.