
Seeking to educate the California Supreme Court regarding the critical importance of reverse engineering to the legitimate work of researchers and technologists, the USACM recently signed an amicus brief in support of Bunner in his appeal of a lower court's ruling in the DVD-Copy Control Association (DVDCCA) v. Bunner case. In its interest statement attached to the brief, USACM states that reverse engineering is critical for systems interoperability and facilitates the research and testing of information processing systems and the development of programs that impede the spread of viruses and other kinds of malicious software. Finally, the USACM interest statement concludes that restrictions on reverse engineering would have serious stifling consequences for software engineers, the computing community, and the overall security of the information infrastructure and electronic commerce. The brief seeks that the Court acknowledge Bunner's rights under the long-standing principle of trade secret law that reverse engineering of mass-marketed products is a lawful way to acquire a trade secret. In addition, the brief argues that the Court should repudiate the notion that an anti-reverse engineering clause in a mass-market license can override the right to reverse engineer.
For a look at the brief, see: Bunner Brief
For more background on the case, see a Newsbytes Article: DVD CCA v. Bunner