Can a Copyright Holder Prevent Reverse Engineering? The Federal Circuit Court Holds that the Federal Copyright Act Does Not Preempt 'No Reverse Engineering' Clauses

摘要

Copyright law and patent law are set up by the federal government as a delicate balance of providing just enough protection to foster creativity and innovation by rewarding achievements with monopoly powers in exchange for public dissemination of ideas and expressions. Allowing companies to maintain trade secrets in mass-market transactions creates new rights in the individual and destroys this balance. This creates a system in which companies are able to maintain secrecy and monopoly power without disclosure of important information to the public. Making technology public fosters further growth and innovation and other inventors will be inspired to build upon new technology. This type of innovation could be stifled if courts continue to cut back the fair use doctrine of the Copyright Act and allow individuals to create new rights of protection through state contract law.