[ale] [WAY OT]Reverse Engineering MS Visual Basic Applications

[Bob Toxen]

On Mon, Sep 29, 2003 at 04:43:07PM -0400, Geoffrey wrote:
> They won't provide the source?
> 
> Jonathan Glass wrote:
> >A friend of mine had some custom software written by a small consulting
> >firm.  The firm has since fallen on hard times, split up, and told him
> >he's out of luck.  They did (supposedly) provide him with a document
> >spelling out his legal right to reverse engineer the software.  Anyone
> >know how I should proceed here?  Is this legal, does anyone on this list
> >know how to do or contract for this type of work?
My thoughts, as a programmer and which should not be interpreted as
legal advice follows.

It depends on:

  1. Was the firm a corporation that has been liquidated or a proprietorship
     or partnership.  If the former and the assets have been divided up
     among the creditors then, realistically, there is nobody to sue
     your friend.

  2. It depends on what you mean by reverse engineer.  If you mean create
     a new application that has a similar look, then, unless there is a
     patent for it (that now is owned by someone) then they have no
     claim.

  3. If you mean disassemble the code and enhance/fix it it depends on
     the document and if there is a contract signed by both parties
     agreeing to it.  A company just sending your friend a document
     declaring what he cannot do generally is not legal.  The basis
     for contract law is a document signed or agreed to by both
     parties.  (Using one's new credit card, for example, is treated
     as agreeing to.  This area of the law is very murky.  There was
     a recent case of a "click-through" agreement being found to be
     invalid in California, as I recall.)

  4. If you don't get caught, it's legal.

> >TIA

> -- 
> Until later, Geoffrey	esoteric at 3times25.net

> Building secure systems inspite of Microsoft

Bob