This is a blog post that outlines the history of reverse engineering in the technology industry, and comments on some of its implications today. With increasing legal challenges from the DMCA – a law that (among other things) prohibits reverse engineering of any technology meant to limit access, it is interesting to recognize what reverse engineering can and has accomplished for us.

The first two examples of reverse engineering that the article gives are open source projects. The ability of open source developers to reverse engineer the competing instant messaging clients developed by internet companies like Yahoo, AOL, and Microsoft has had a dual effect – firstly, the article points out, it has allowed innovation by letting third-party developers (open source or otherwise) to create hybrid programs that bridge the inherent gaps in these incompatible protocols. Additionally, the presence of quality open source messaging software has helped to further the legitimacy of open source platforms such as Linux.

The second example is that of Samba, an open source program that allows Microsoft Windows based file sharing services to be both hosted on or accessed by any number of platforms. Because of Samba, users of Apple’s Mac OS X or Linux can interoperate with Microsoft Windows networks. The article points out that this has (also) lent legitimacy to Linux as a platform and helped it to compete in a world of proprietary standards.

DVD-CCA vs. Pavlovich deals with the juristiction of internet publications and accountability for content. Pavlovich was an open source devleoper who founded LiVid (Linux Video Project). They're goal was the provide DVD playabck support for Linux computers. Part of the project involved using the DeCSS algorithm which Pavlovich made available online. In his testimony, he says that he knew that there was questionable legality of using and spreading the code when he originally came across the algorithm, but he did it anyway.

Howver, the opinion of the court written by Justice Brown finds that Pavlovich cannot be forced to stand trial in California for the publishing of DeCSS on his web site. Pavlovich is not a California resident, performs no business in California, and was not actively encouraging California residents to use his algorithm to harm Californinan businesses. Brown determined that he cannot be held responsible for any negative economic impacts on California businesses that his posting caused.

The outcome of this case is important when considering the Dmitry Skylarov situation. Skylarov was detained for months for breaking a law of a country which he was not a citizen of, nor was he present in at the time he allegedly violated the DMCA. Not too long after, the courts are ruling that the liability can be restricted by state lines.

Another interesting aspect to this case is the dissenting opinion by Justice Baxter, particularly his wording. He critizies Pavlovich's "network of 'open source' associates'" in their efforts "to undermine and defeat the very purposes of hte licensed CSS encryption." Baxter tries to connect open source and piracy, a misconception that many people have. This association hurts legitimate developers and their efforts.

Baxter's opinions also details the inherent incompatabilities with the open source movement and closed DRM.  An open source project could never be licensed by the DVD-CCA because the stipulations would never allow certain parts of the code to be revealed.  He also compilcates the decision by discussing the fact that the whole point of the the DMCA to restrict playback ability.  Whatever their motivations were, they were making use of a technology that the DVD-CCA should have full control of and was developed through illegal means under US law.  Baxter determines that, jurisdiction issues asside, the LiViD developers should be held responsible for their development with an illegal technology.