It’s going to be interesting decision
May 7th, 2008, Tomasz RychlickiMDY v. Blizzard, 2:06-cv-02555-DGC (D. Ariz. Oct. 25, 2006). More details, comments and materials are available at www.publicknowledge.org and at free and irreplaceable www.justia.com websites.
Would you like to know how it looks in Poland? In short. The Polish Act on Authors rights and Neighboring Rights of 4 February 1994 (Dziennik Ustaw No 24, pos. 83), consolidated text of 16 May 2006 (Dziennik Ustaw No 90, pos. 631), with later changes.
Art. 75. 1. Unless otherwise provided in the contract, the acts specified in paragraph 4(1) and (2) of Article 74 shall not require the consent of the owner of rights where they are necessary for the lawful acquirer to be able to make use of the program according to its intended purpose, including the correction of errors.
2. The following acts shall not require authorization from the owner of rights:
(1) the making of a backup or reserve copy insofar as such a copy is necessary for the use of the computer program; unless otherwise provided in the contract, the copy may not be used at the same time as the computer program;
(2) analysis and study of and experimentation with the operation of the computer program by the person authorized under the contract to make use of a copy of the program, in order to ascertain its underlying ideas and principles, if the person concerned performs the above acts at the time of the operations associated with the loading, display, running, transmission or storage of the computer program;
(3) reproduction of the code or translation of the form thereof within the meaning of paragraph 4(1) and (2) of Article 74 where this is essential to the securing of the information necessary to achieve interoperability between an independently created computer program and other programs, and provided that the following conditions are met:
(a) the acts are performed by the licensee or by another person enjoying the right to use the copy of a program or, on their behalf, by a person authorized to do so;
(b) the information necessary to achieve interoperability was not already easily and rapidly accessible to the persons referred to under (a);
(c) the acts are confined to those parts of the original program that are necessary to achieve interoperability.
3. The information referred to in paragraph 2(3) may not be:
(1) used for purposes other than the achievement of the interoperability of the independently created computer program,
(2) communicated to other persons except where that should prove essential to the interoperability of the independently created computer program,
(3) used for the development, production or marketing of a computer program the form of which is essentially similar, or for any other act in violation of copyright.