AR wrote:
# It must be indispensable to reverse engineer to obtain the necessary information.
Well... we didn't have any driver info already and we can't find it out any other way obviously.
# The reverse engineering has to be by a licensee or authorised user.
We have a license for using it in windows, so in a way we're licensed. At least, you're licensed for your own video cards and you probably won't develop for one you don't have.
# The necessary information must not already have been readily available to those people.
Obviously, duplicate of first.
# Only the parts of the program necessary for interoperability (i.e. the interfaces) can be reproduced.
That in this case means the binary interface to connect with the hardware. And yes, we didn't have that yet. No, we're not going to care about how they access polygon lists or anything.
# The information generated by the reverse engineering cannot be used for anything other than achieving interoperability of an independently created program.
So, you can't show off the information to get a date. Lucky for us most girls don't really care about it. Otherwise, we were actually trying to get it to work with the hardware in the way it was supposed to.
# The information cannot be passed on to others except where necessary for this purpose.
Well... it's necessary for all of us to have this information to do any decent interoperability,
# The information obtained cannot be used to make a competing program (rather than just an interoperable one).
Strictly speaking we're not trying to compete with the product we want to interoperate with. We are not trying to compete with the driver either, we're trying to live alongside it in a space where it does not go, and leave its space alone.
# The "legitimate interests" of the copyright owner or "normal exploitation" of the program must not be prejudice.
This isn't even a valid sentence.
We don't interfere with either legitimate interests (if they'd even respond to emails we might even be tempted to start thinking they might be interested) nor normal exploitation of the other program (you can still run the driver in all windows-oses even though we looked at it).
So, we can share information freely, reverse engineer all we want as long as we can't just get the books for it. Probably the justice system in the US counts on "at any price", whereas I expect the dutch to consider significantly more than 500 euros too much. Which places us in the same ballpark as Windows.