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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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