ABSTRACT
In 1991 the European Commission adopted the Computer Programs Directive (91/250), with its foremost aim being the harmonisation of legal protections for computer programs under copyright law. At its adoption, it was the single most lobbied piece of European Union (EU) legislation. Much of that lobbying concerned the Directive’s reverse engineering provisions. These provisions are incredibly restrictive, not just prohibiting what one can do with reverse engineered expressions, but also giving unwarranted protection to ideas identified from reverse engineering. Over 30 years later, those provisions remain unaltered and have received very little judicial attention. Yet they do not reflect industry practice. This article looks at the state of reverse engineering laws in the United Kingdom and European Union, examining their legislative history, and critically analysing their content with an understanding of what reverse engineering is and is not. Ultimately concluding that the law is in real need of reform.
Godfrey, Joseph, Who’s Afraid of Reverse Engineering? (February 23, 2024), [2024] 1 Intellectual Property Quarterly 50.
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