Can i trust Forexdll?

Is Decompiling Legal?

  • In the USA, it is legal as long as the software was obtained legally, but if the license prohibits it explicitly (and most software licenses do) then it is a breach of the contract which the license constitutes — thus “illegal”, but a matter of civil law, not penal.
  • The DMCA also has ramifications in the matter. The reason for which you do the reverse-engineering is important: if you do it in order to circumvent a system which deliberately controls access to copyrighted work, then the Law will smite you mightily.
  • In the European Union, reverse engineering is legal as long as it is for interoperability purposes, whatever the license may say on the subject. Reverse engineering does not give you the right to publish your findings, though.
  • Licensees are in certain cases permitted to decompile software code without infringing the Software Directive. In a judgement of 6 October 2021 in the case C-13/20, the Court of Justice of European Union (CJEU) ruled that insofar decompiling is necessary to debug the software, regardless of whether it is prohibited by the license agreement, the licensee is free to do so without being subject to Article 6 of the Software Directive. However, the CJEU leaves the door open for parties to provide contractual provisions in order to agree on steps and procedures for bug fixes.
  • Background
  • The CJEU came to this decision after a preliminary question of the Brussels’ Court of Appeal (C-13/20). The case revolved around Top System, a developer of computer programs. For several years Top System had been working for the Belgian public organisation Selor, building several digital applications and granting licenses thereof to Selor.
  • As Top System was experiencing persistent software malfunctions that could not be resolved, Selor decompiled part of the licensed software in order to disable the faulty function. Top System argued that this decompiling was not allowed and that Selor had thereby infringed its exclusive rights as regards to the software.
  • The Brussels’ Court of Appeal referred the matter to the CJEU for a preliminary ruling in order to clarify the extent to which decompiling of a computer program is permitted under European copyright law, in particular to Directive 91/250 of 14 May 1991 on the legal protection of computer programs (hereinafter the Software Directive) . The Brussels’ Court of Appeal formulated two questions in this regard:
  1. Is Article 5(1) of Software Directive to be interpreted as permitting the lawful purchaser of a computer program to decompile all or part of that program where such decompilation is necessary to enable that person to correct errors affecting the operation of the program, including where the correction consists in disabling a function that is affecting the proper operation of the application of which the program forms a part?
  2. In the event that that question is answered in the affirmative, must the conditions referred to in Article 6 of the Software Directive, or any other conditions, also be satisfied?
  • Errors”: according to the CJEU, the term “errors” must be interpreted in accordance with its usual meaning in everyday language, while also taking into account the context in which it occurs and the purposes of the rules of which it is part. In the field of computing, an error is generally seen as a defect affecting a computer program which is the cause of the malfunctioning of that program;
  • Necessary”: the correction of errors affecting the use of a program in accordance with its intended purpose will, in most cases, involve modification of the program code and the implementation of that correction will require access to the source code or, at the very least, to the quasi-source code of that program. In case the source code is lawfully or contractually accessible to the purchaser, the CJEU stated that the decompiling cannot be regarded as necessary.
  • Recital 18 of the Software Directive prevents IT developers to contractually prohibit both the loading and unrolling operations necessary for the use of a copy of a legally acquired program and the correction of errors affecting the operation thereof, meaning that parties cannot contractually exclude any possibility of making a correction of these errors;
  • however, the parties can stipulate the procedures for exercising the right to decompile; for example, the parties can agree that the rightholder must ensure corrective maintenance of the program concerned; and
  • in case the parties did not provide for any specific contractual provisions, the licensee shall be free to decompile the program insofar as this proves to be necessary in order to correct errors affecting the operation of the program. Of course, the licensee shall not be permitted to decompile for other purposes than correcting such errors.

How can i trust your company?

How are you different from others?

When are you allowed to decompile software?

What is decompilation?

The preceding events

CJEU: Decompilation is allowed for necessary improvements

What does this mean in practice?

  • Identify if an error is preventing you from using a software application for its intended purpose.
  • Check whether decompiling the software is possible and necessary. Take a closer look at the contractual obligations of both parties and the legal bases on which the lawful purchaser can rely: perhaps the original source code is legally or contractually accessible.
  • When correcting errors it is also allowed to disable certain functions, if those functionalities prevent you from using the software for its intended purpose.

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Forexdll is a team of forex traders, developers and consultants. Numerous clients from around the world have trusted us over the years

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forexdll

forexdll

Forexdll is a team of forex traders, developers and consultants. Numerous clients from around the world have trusted us over the years

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