DMCA - ANALYSIS - TITLE 1

REVERSE ENGINEERING EXCEPTION

Jonathan Band’s DMCA Memo

TITLE I: WIPO TREATIES IMPLEMENTATION

Circumvention of Copyright Protection Systems - New Section 1201
Reverse Engineering Exception. Section 1201(f) allows software developers to circumvent technological protection measures of a lawfully obtained computer program in order to identify the elements necessary to achieve interoperability of an independently created computer program with other programs. A person may reverse engineer the lawfully acquired program only where the elements necessary to achieve interoperability are not readily available and reverse engineering is otherwise permitted under the copyright law.⁷ Furthermore, a person may develop and employ technological means to circumvent and make available to others the information or means for the purpose of achieving interoperability.

1. Reverse Engineering Exception
2. Exception for Law Enforcement and Intelligence Activities
3. Encryption Research Exception
4. Security Testing Exception
5. Exception Regarding Minors
6. Protection of Personally Identifying Information
7. Exemption for Nonprofit Libraries, Archives, and Educational Institutions
8. Certain Analog Devices and Certain Technological Measures