Reverse engineering has the protection of law in the U.S.

Jun 28, 2006 2 Replies

Hi, Do you know "reverse engineering has the protection of law"?



A good paper in

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tell the following story: the Supreme Court ruling that "A trade secret law, however, does not offer protection against discovery by fair and honest means, such as by independent invention, accidental disclosure, or by so-called reverse engineering, that is by starting with the known product and working backward to divine the process which aided in its development or manufacture."



I don't know it until today after reading a reference by Austin Lesea and I would like others to share the information.



Weng



Weng,

Yes, reverse engineering has a long, and honorable history.

If I see how it is done by another, and then do it for much less cost, with more features or more performance, without infringing on any existing patents, then I am well within the law.

Austin

Weng Tianxiang wrote:

Reverse Engineering is a valid means of circumventing a Trade Secret. But it will not get around Copyright or Patent. A Trade Secret requires that the holder take all responsibility for keeping it a secret. Other than stealing your paperwork, pretty much any way of figuring out the Trade Secret is valid, including Reverse Engineering. That s why so many documents are labeled "Trade Secret" or "Confidential". They are only protected if labeled as such and you only give them to persons who have signed an NDA (non-disclosure agreement). Then if the docs are leaked out and you can identify who leaked, they are liable for damages for your losses.

The fear of reverse engineering is why chips are sometimes private labeled or the chip markings removed or even the module completely potted. Of course there are always ways around most of these techniques, but it ends up being a game of how much will one party spend to protect a secret and how much will another party spend to reveal a secret.

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