Can a Copyright Holder Prevent Reverse Engineering? The Federal Circuit Court Holds that the Federal Copyright Act Does Not Preempt "No Reverse Engineering" Clauses: Bowers v. Baystate Tech. Inc.

Authors

• Jonathan Wilson, Southern Methodist University, Dedman School of Law

Abstract

Intellectual property rights exist to protect the fruit of one's intellectual labor. But when an idea is made public, there develops a risk that another might be able to rework the process of creation and diminish the value of the original intellectual labor. This is exactly what happened to Harold L. Bowers. By utilizing the technique of reverse engineering, Baystate Technologies used Bowers' computer program to develop their own CAD software design to compete with Bowers's program. Bowers, however, had placed a "no reverse engineering" clause on his shrink-wrap license. This conflict presented the Federal Circuit Court with the difficult issue of whether the Federal Copyright Act preempts such "no reverse engineering" clauses. The Court held that the license was not pre-empted and that individuals have the right to put contractual constraints on copyrightable material.

Recommended Citation

Jonathan Wilson, Can a Copyright Holder Prevent Reverse Engineering? The Federal Circuit Court Holds that the Federal Copyright Act Does Not Preempt "No Reverse Engineering" Clauses: Bowers v. Baystate Tech. Inc. , 8 Computer L. Rev. & Tech. J. 467 (2004)