查看完整版本: 反向工程所面临的问题（下载）

反向工程所面临的问题（下载）

做反向工程的兄弟们需要了解的一些问题！！*C.[AV.^~/{7T
很好的一篇文章哦~~

Thanks!

Thanks!

Thanks!

:handshake :handshake :handshake

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先看yixia

楼主好人呀

楼主好人呀

反向前途暗淡啊,要增加实力转正向的.

直接贴出来！

THE LAW & ECONOMICS OF REVERSE ENGINEERING

THE LAW & ECONOMICS OF REVERSE ENGINEERING
&uQv!u dl)EbI w by%mIC!X7|1e;Vs6EM
Pamela Samuelson* & Suzanne Scotchmer**
iXV-{.u:N4?3s
I. Introduction
V#\r d~xs II. Reverse Engineering in Traditional Manufacturing Industries
g:v8pF d v A. A Legal Perspective on Reverse EngineeringdE!rC6z3W1\
B. An Economic Perspective on Reverse Engineering"G5Hu8wu4b8Td
C. Anti-plug Mold Laws: An Exception to Reverse Engineering Rules?T(P~{
d/] i9S)k0L C
III. Reverse Engineering In the Semiconductor Industryu,p'Wh+r'}7H
O
A. Perturbations in Product Life Cycles in the Chip Industry;D9L:iT!s
B. Copyright or Sui Generis Protection for Chip Designs?IY!K.cN(Bze9kx
C. Economic Implications of the SCPA Rules
UIDH([ Qp D. Post-SCPA Developments

IV. Reverse Engineering in the Computer Software Industryu}8MhjC,P
A. Reverse Engineering of Software And Copyright Law5U+V!MY~ ?/m
o
B. The Economics of Interoperability and of Reverse Engineering
tms K\i} C. Reverse Engineering of Software And Patent Lawd7f1s}-N+s4O8S
D. Reverse Engineering of Software And Contract Lawn6ys-m'~,p.Sd"A
V. Reverse Engineering of Technically Protected Digital Contentc!qj/D/b g}
A. Legislative History of the DMCA Anti-Circumvention Rules U*IKIMs~
L
B. An Economic Rationale for the DMCA Rules1MF2Z-~i+d
C. Collateral Damage of Overbroad DMCA Rules
sA8B x5^ F0f D. Alternatives to the DMCA Anti-Circumvention Rules
lag6ca_H,]5j
M1u*V$O1e Reverse Engineering

Conclusion
JJ2?2t ^B._W Reverse engineering is fundamentally directed to discovery and learning.}9zzI%xW0Y
Engineers learn the state of the art not just by reading printed publications, going to]]2q$I
N0~;w
technical conferences, and working on projects for their firms, but also by reverse&lG0?hF0Iw'h
engineering others’ products. Learning what has been done before often leads to new
WZ1dA S D&i| products and advances in know-how. Reverse engineering may be a slower and more
*Zb%^i
c#o expensive way for information to percolate through a technical community than patenting
Z
o"{LvP8W$V or publication, but it is nonetheless an effective source of information.376 Of necessity,2ZO,e+m8L_k
reverse engineering is a form of dependent creation, but this does not taint it, for in truth,
.~$r&F(bb all innovators, as the saying goes, “stand on the shoulders of giants”377 as well as on the6Y$\ e/i\T2T@j9H
shoulder of other incremental innovators.378 Progress in science and the useful arts is(aWizb{8mT3B^
advanced by dissemination of know-how, whether by publication, patenting or reverse
%Km!DQED engineering.

We think it is no coincidence that most of the proposals to restrict reverse0ACO4}(SSe1H f
engineering in the past two decades have arisen as to information-based products, such as
s
a-I-]N|;q1Q(Y semiconductors and software. The high quantum of know-how that such products bear
3F bP_}4Sc3c$a0w on or near the face of the product make these products more vulnerable than traditional
g\V[X manufactured goods to market-destructive appropriations.379 This is especially true when
ku.MT4V'U the information is in digital form. Copying and distribution of digital products is
Tc`XH&^W:V essentially costless and almost instantaneous in the digital networked environment. The

AS-BBMo xX0U vulnerability of information products to market-destructive appropriations may justify
M.bq P9Y7Z6GqC some limitations on reverse engineering or post-reverse engineering activities, but reverse
0UNv7g6tZ#Q8| engineering is important to innovation and competition in all industrial contexts studied.
$c5o/f2pd#c Adapting intellectual property law so that it provides adequate, but not excessive,8be'Zi*F3ro
protection to innovations is a challenging task. In considering future proposals to limit
[P ]/cI reverse engineering, we hope that policymakers will find it helpful to consider the
&Q4dAyW[ economic effects of mechanisms that have been employed in the past. Restrictions on X2O#G\1rFo
reverse engineering ought to be imposed only if justified in terms of the specificCX7\(l i G
characteristics of the industry, a specific threat to that industry, and the economic effects(S5Q!_@W+{;L[
of the restriction.

We worry that the recent DMCA restrictions on reverse engineering may
2Q&M
Wa.V'P&\ propagate backwards and erode longstanding rules permitting reverse engineering in#gy8N xFD/L1cS
other legal regimes. As Professors Dreyfuss and Kwall have observed, “the distinction
,Xe8\?p @ Vmn;t between, say, breaking into a factory (improper) and breaking into the product (proper)
lf^DeX.hdk may seem artificial.”380 It is, however, a distinction that has been a foundational
.~M6|P;G.d principle of intellectual property and unfair competition law, at least until enactment ofA9QhxVVH%T3Nkl
the DCMA. It is, moreover, a distinction whose abandonment could have detrimental/]9r5YdxH
consequences for innovation and competition.

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等等等等等等等等

作反向没有前途，但是可以生存

有道理啊

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thanks!!!