Can Reverse Engineering of Software Ever Be Fair Use? Application of Cambell's "Transformative Use" Concept

Authors

John A. Williams

Abstract

Several years after Atari v. Nintendo and Sega v. Accolade, debate and confusion remain within the U.S. software industry and legal community concerning the appropriate application of copyright's fair use doctrine to reverse engineering of software. This Comment discusses why and how the U.S. Supreme Court's recent fair use analysis in Campbell v. Acuff-Rose Music should be applied to help resolve the reverse engineering issue. Not only would application of Campbell's approach promote consistency among courts and confidence within the software industry, but it also would safeguard copyright's ultimate objective: the advancement of society's growth in science and art.

First Page

255

Recommended Citation

John A. Williams, Notes and Comments, Can Reverse Engineering of Software Ever Be Fair Use? Application of Cambell's "Transformative Use" Concept, 71 Wash. L. Rev. 255 (1996).
Available at: https://digitalcommons.law.uw.edu/wlr/vol71/iss1/8