Reverse Engineering of Computer Software and U.S. Antitrust Policy

Abstract:     
This article explores when efforts by firms to restrict reverse engineering of their software, and corresponding agreements by other firms not to reverse engineer this software, could raise significant antitrust issues.

This article provides an overview of how the laws prohibiting certain acts of monopolization, attempted monopolization, refusals to deal, and tying might apply to restrictions and agreements concerning the reverse engineering of computer software. As a necessary predicate to this analysis, the article first briefly describes the contours of intellectual property protection for software, including the fair use and the copyright misuse doctrines.

Number of Pages in PDF File: 46

Keywords: monopolization, refusals to deal, tying, intellectual property, fair use doctrine, copyright misuse doctrine

JEL Classification: K19, K21, K39

Accepted Paper Series