OSAIA posts amicus curiae brief in Blizzard/bnetd case
The Open Source and Industry Alliance (OSAIA) have just posted their amicus curiae brief, supporting Internet Gateway (bnetd).
The Open Source and Industry Alliance (OSAIA) have just posted their amicus curiae brief, supporting Internet Gateway (bnetd). Here's the actual brief.
Basically,OSAIA supports Internet Gateway's right to perform reverse engineering for interoperability, just as the law says they can do. In contrast, Blizzard doesn't want any competition. This ruling could be important, because if open source software or competing proprietary software is to ever succeed in some venues, it must interoperate with existing proprietary software. If proprietary vendors can prevent interoperation, then they can inhibit all competition in perpetuity --
whether it's proprietary or open source software. In short, this case could determine if a vendor can prevent any competition, in perpetuity.
Here is what the OSAIA says:
- INTEROPERABILITY IS CRITICAL TO COMPETITION AND INNOVATION IN THE COMPUTER INDUSTRY
- JURISDICTIONS THROUGHOUT THE WORLD HAVE ADOPTED EXCEPTIONS PERMITTING SOFTWARE REVERSE ENGINEERING
- SECTION 1201(f) OF THE DMCA PERMITS CIRCUMVENTION FOR THE
PURPOSE OF ACHIEVING INTEROPERABILITY
- THE DISTRICT COURT ERRED IN REJECTING THE SECTION 1201(f) DEFENSE
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