Re: is RCE legal?

["Dr. Neal Krawetz" <hf () hackerfactor com>]

On Sat, Nov 05, 2005 at 04:09:25PM -0500, MDRasch () aol com wrote:
> While reverse engineering (even of software) is legal, and not an  
> infringement (unless the purpose of the reverse engineering is for infringing  purposes) 
>  copyright holders may, through click wrap EULA's restrict your  authority to 
> do this.  The lead case is Bowers v. Baystate, 
> _http://www.eff.org/IP/Emulation/20030131-baystate-opinion.php_ 
> (http://www.eff.org/IP/Emulation/20030131-baystate-opinion.php)  which  holds that a "no reverse engineering" 
> provision in 
> a EULA is enforceable.


While knowing that there is a legal precidence makes me much happier,
I took a different approach.
All of my computers contain an End-User Usage Agreement:

=== BEGIN EUUA: /etc/EUUA.txt ===
End-User Usage Agreement
Revision 0.9, 5-November-2005

All software, files, and related information ["Software"] that is 
installed or placed on this system, intentionally or unintentionally, 
explicitly or implicitly, with or without permission, is subject to 
evaluation that may include, but is not limited to, benchmarking,
network evaluation, and opcode analysis.  Analysis may include the
transfer of Software to other systems, modifications of the Software, 
and usage of the Software in ways that are intended and/or unintended 
by the Software.  These actions may be performed by a user on the 
system ["User"] or an agent acting on behalf of the User.  This 
agreement takes precedence over any and all other licensing 
agreements.  Software that cannot accept the terms of this agreement
must not install or otherwise be placed on this system.  Installation
or presence on this system construes an agreement to these terms.
=== END EUUA ===

If it gets placed on my box, then I reserve the right to reverse engineer it.
And if their software doesn't read my fine print, that is their problem.

:-)

                                        -Neal
--
Neal Krawetz, Ph.D.
Hacker Factor Solutions
http://www.hackerfactor.com/

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