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20 J. Tech. L. & Pol'y 155 (2015)
Bowers v. Baystate Technologies: The Unfair Use Doctrine of Reverse Engineering

handle is hein.journals/jtlp20 and id is 167 raw text is: BOWERS v. BA YSTA TE TECIINOLOGIES: THE UNFAIR USE DOCTRINE OF REVERSE ENGINEERING Nicholas Camillo* I. INTRODUCTION ........................................................................... 155 II. COMPUTER SOFTWARE AND REVERSE ENGINEERING .................. 156 III. FEDERAL COPYRIGHT LAW AND ITS ATTEMPT TO PROTECT COMPUTER SOFTW ARE ............................................................... 159 IV. COPYRIGHT FAIR USE: THE DEFENSE OF REVERSE ENGINEERING .............................................................. 163 V. BOWERS v. BA YSTA TE TECHNOLOGIES, INC ................................... 168 VI. THE INADEQUATE SOLUTION: FAIR USE ..................................... 171 V II. C ONCLUSION ............................................................................... 177 I. INTRODUCTION The goal of copyright law is utilitarian in nature; it is to disseminate artistic and scientific works that will ultimately benefit society.I Copyright law provides an incentive for authors to create new expressive works by granting them exclusive rights so that they may receive economic benefits for their work.2 Computer software has become difficult to place within the context of copyright law because it is challenging for authors of computer software to disseminate their ideas and simultaneously control access to their work so that they may benefit financially from its reproduction. The fair use defense for reverse * J.D. 2016, University of Florida Levin College of Law (2016); President, Intellectual Property and Technology Law Association (2015-2016); Research Assistant to Professor Elizabeth Rowe (2015-2016); Notes Editor, Journal of Technology Law & Policy (2015). I would like to thank Professor Richard Vermut for his constructive advice on earlier drafts, and Professor Elizabeth Rowe for her invaluable support and guidance in the field of intellectual property law. I would further like to thank the entire staff of the Journal of Technology Law & Policy for all of their hard work and effort. I. U.S. CONST. art. I, § 8, cl. 8 (stating that copyrights promote the Progress of Science and useful Arts). 2. 17 U.S.C. § 106 (1976) (granting the copyright owner exclusive rights). 155

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