definitions (trade secret, copyright, etc.) and the courts

[lauren at rand-unix.ARPA]

Actually, the definitions of all those terms, including trade
secrets, copyrights, patents, etc. are tied to whatever court
decisions are currently in force.  For example, there have been
recent decisions specifically relating to object code that have
declared that object code has the same protection as source code
via trade secret.  The case involved someone who had
"disassembled" some object code to turn it back into source,
then started distributing software based on that new source
without appropriate licenses.  The particular case held that both
the distribution of the software generated from the "new" source, and
the dissemination of the information gained from analyzing the object
code, were violations.  I might also add that there have been
cases upholding "trade secret" protection even when the "secret"
is fairly widely known.  It all depends on specifics. 

Now, obviously, court decisions on such matters as copyright
and trade secret are pinging around fast enough to make your
head spin.  And the fabric of the law, and the exact interpretations
of the law that may be made in any particular case, are changing
on a case by case basis.  However, the general trend is now appearing
to include both object and source code under the same protections.

Given this state of affairs, the only prudent course would seem
to be NOT to look at source and also to not disassemble object code 
if you're trying to create an independent "workalike" (or whatever
you want to call it) of some software entity.  This is the course
that I chose to take in my own efforts, even though it makes for
a lot of work.  

I agree with the person that suggested lobbying for changes in the
laws if you don't like the way things are now.  But note that you'd
better have something else that is reasonable and practical
in mind if you intend for anyone to listen to you!  I hope there will
be discussion of some such things in the ethics list if/when it
gets going.

--Lauren--