Spankey said:
way to skip basically all i wrote and miss my point entirely lol. tl/dr version: he said he bought the software, but he hasn't. anyway, as to your DMCA and fair use statement: part 5 of the journal extract refers: In 1998, Congress outlawed the reverse engineering of technical protections for digital versions of copyrighted works and prohibited both the creation and distribution of tools for such reverse engineering (except in very limited circumstances) as well as the disclosure of information obtained in the course of lawful reverse engineering. also in pg 61 of the PDF: The DMCA now permits circumvention for seven purposes: legitimate do you really think these clowns and GeoHot were doing this for engaging in “ legitimate” encryption |
Maybe I misunderstood your point because it seemed to me you were arguing that you didn't really buy the software, you only licensed it, therefore you weren't allowed to reverse engineer it. I was arguing that under fair use you didn't need to have bought the source code in order to reverse engineer it.
In any case, one of the fair uses of reverse engineering is for the purposes of being able to run homebrew, which is exactly what they were trying to do. Whether they puposefully or inadvertantly opened the door to piracy and cheating is something that needs to be proven in a court of law but there is certainly no guarantee they will be able to do that. In the past the courts have tended to side with the "hackers" for lack of a better term.
http://digital-law-online.info/lpdi1.0/treatise25.html
"It is clear that, at least in the Ninth Circuit, legitimate reverse engineering to learn how to interoperate with another computer program is a fair use. Congress appears to agree. In the Digital Millennium Copyright Act, as part of the anticircumvention provisions added as Section 1201 of the Copyright Act, Congress specifically recognized reverse engineering needed for interoperability as an exception to the anticircumvention rules:"








