Originally posted by: cquark
Originally posted by: tss4
Originally posted by: cquark
As a result, reverse engineering is essential to our technology-driven economy. The IBM PC would not have led to PC boom of the 1980s or the Internet boom of the 1990s if other companies like Compaq hadn't reverse engineered it to produce their own compatible machines.
That's not exactly true. The IBM PC was copied because IBM allowed it to be legally. Apple did not.
The DMCA didn't exist then, so IBM couldn't use it to forbid what Compaq did, but Compaq did not make their clone with IBM's consent. To avoid being sued by IBM, Compaq had to use "clean room" reverse engineering techniques with a Chinese Wall model. One team wrote specs based on IBM's BIOS and a separate team that wrote Compaq's BIOS was never allowed to see any IBM source code.
That's why there are IBM "compatible" computers and not MAC "compatible" computers.
Apple couldn't use the law to forbid clones either, but they did put far more of their OS, including high level graphics routines, into their ROMs, making their ROMs far more difficult to reverse engineer. Apple claims that everyone who tried to make a Mac clone like the Unitron illegally copied their ROMs instead of legally reverse engineering them, but the clone makers disagree.
And the internet came out of DARPA which has nothing to do with copy right infringment issues.
I know that, which is why I didn't mention the invention of the Internet, but instead referred to the Internet boom, i.e. the commercialization of the Internet, which was a result of many people being able to compete on a playing field that was level either because of open standards or because of standards that it was legal to reverse engineer.
Reverse engineering to design a better but different product is perfectly legitimate. But that is not what is done by poor countries. They reverse engineer to copy. Since a significant portion of our economy is based on innovation, copy cats would kill our economy.
That's the reasoning which the US government has applied, but it clearly contradicts the idea that these are "free trade" agreements and that they're intended to benefit third world countries.
However, the deeper problem with the current regime of copyright and patent extremism is that we're killing our own ability to innovate. These laws are written by large corporations to protect their own interests at the expense of smaller innovators. We've seen them abused again and again.
Court cases against MP3.com, Napster, and the like which would've been decided more along the lines of the cable TV cases in the past before the DMCA shut down the Internet boom earlier than it would've been without government interference. This week we've seen Cisco using the DMCA to suppress security research that they dislike, which is far from the first time that's happened (see what happened Ed Felten and Seth Finkelstein.)