[ros-dev] RE: I think I know how uxtheme works...

[Casper Hornstrup]

In copyright law it's the result that matter, not the process. To be
protected by copyright law, it must be in tangible form. Looking at
disassembled code is permitted by copyright law so it's only a problem
if the person doing it lacks self-discipline and uses the disassembled
code in a way that violates copyright law.

That said, I don't believe there is a need for reverse engineering
methods for implementing the majority of ReactOS and WINE. Our goal
is to run Windows software on ReactOS and other free operating systems.
We have some smart people on these projects. If the Windows software
vendors could figure out how to use the interfaces using the public
available documentation, then we can certainly implement the interfaces
from that same information. If there is an interface that isn't
documented, then certainly most Windows software won't use it
and there is no need to implement the interface at all.

Casper

References:

>From http://www.nus.edu.sg/intro/slides/021111_1_Wilson%20Wong.ppt

What is protectable?

Functionality?
- not protected
- must be an "expression...of a set of instructions"
- Autodesk Inc v Dyason (Aust): copying function of AutoCAD lock but not code (no infringement)

Program Structure?
- (cf: plot elements in literary/dramatic works capable of protection)
- eg. structural arrangements of modules and subroutines
- yes if expression of idea, & no if ideas or functions: difficult line to draw
- yes if organisation, sequence, arrangement or compilation
- not protectable: elements of software which are:
  * ideas;
  * dictated by efficiency or external factors (eg h/w) specs, compatibility reqms, industry standards; or
  * public domain
- not if similarity is due only to similar subject matter
  * analogy: drawing of a hand
  * eg any 2 word processors will have some structural similarities

> -----Original Message-----
> From: wine-devel-admin at winehq.org [mailto:wine-devel-admin at winehq.org] On Behalf Of Mike McCormack
> Sent: 25. marts 2005 10:39
> To: Jonathan Wilson
> Cc: wine-devel at winehq.org; ros-dev at reactos.com
> Subject: Re: I think I know how uxtheme works...
> 
> 
> Jonathan Wilson wrote:
> > What I am doing here is clean-room reverse engineering.
> 
> There's no reason that we need to expose ourselves to any legal risk at
> all.   It may be your opinion that reading assembly code and describing
> it is legal and safe, but I don't agree and I'm sure others who work on
> Wine don't either.
> 
> The original IBM BIOS was clean room reverse engineered because there
> was not enough documentation available for it.  We have MSDN, which is
> not 100% complete, but is good enough for most purposes.  Other things
> can be deduced from test programs.  Information that cannot be deduced
> by a test program is irrelevant.
> 
> Reverse engineering does not help Wine.  Casual observers will assume
> that Wine is the result of reverse engineering by disassembly, which is
> incorrect and harmful.
> 
> Mike