Case Law
Sony Computer Entertainment, Inc. v. Connectix Corporation was a 1999 lawsuit which established an important precedent in regard to reverse engineering. Sony sought damages for copyright infringement over Connectix's Virtual Game Station emulator, alleging that its proprietary BIOS code had been copied into Connectix's product without permission. Sony won the initial judgment, but the ruling was overturned on appeal. Sony eventually purchased the rights to Virtual Game Station to prevent its further sale and development. This established a precedent addressing the legal implications of commercial reverse engineering efforts.
During production, Connectix unsuccessfully attempted a Chinese wall approach to reverse engineer the BIOS, so its engineers disassembled the object code directly. Connectix's successful appeal maintained that the direct disassembly and observation of proprietary code was necessary because there was no other way to determine its behavior. From the ruling:
Some works are closer to the core of intended copyright protection than others. Sony's BIOS lay at a distance from the core because it contains unprotected aspects that cannot be examined without copying. The court of appeal therefore accorded it a lower degree of protection than more traditional literary works.
Read more about this topic: Clean Room Design
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