컴퓨터프로그램의 역분석과 침해 : reverse engineering v. infringement = Reverse Engineering and Infringement of Computer Program

다국어 초록 (Multilingual Abstract)

Intellectual property law purports to protect right holders and simultaneously to promote fair use of intellectual properties. In real, scientific technology and information may be developed by revising and improving already existed creative works. Such revision and improvement have been accomplished by various approaches and reverse engineering is one of ways to develop them. It is true that the creation of computer program is encouraged by permitting an exclusive right to its creator. However, in comparing to other intellectual properties, the use of existed computer programs is more necessary to follow up the development of computer hardware and to achieve compatibility with other programs for a computer program.
In addition to the fair use clause, Computer Program Protection Act expressly recognizes reverse engineering of the program. Stipulation of reverse engineering may be incurred by unique nature of a computer program which demands the broad use of other programs. Nevertheless, in constructing reverse engineering, it is frequently confused with program copyright infringement. The use of other programs is common for both of them and such a common element increases confusion. However, they are different because reverse engineering is lawful but infringement is illegal activity.
From an economic point of view, reverse engineering can increase competition in the marketplace which will lower prices and promote follow-on innovations by second comers. Despite that, currently, lawful reverse engineering is strictly limited for a compatible purpose. Accordingly, to be a leading country of IT industry and to strengthen computer software industry, broad protection of reverse engineering is required.

목차 (Table of Contents)

• 1. 서론
• 2. 역분석의 의의 및 필요성
• 3. 컴퓨터프로그램의 역분석 방법
• 4. 역분석의 법적 문제
• 5. 컴퓨터프로그램의 침해
• 6. 프로그램의 역분석과 침해의 관계
• 7. 계약에 의한 역분석 규정의 배제
• 8. 역분석에 대한 경제적 분석
• 9. 결론