How are software development projects conducted over the Internet affected by the DMCA?
While the reverse engineering exemption permits software programmers to develop and distribute circumvention tools as part of their projects, there are significant limitations over who can do so and in what manner they can do it. Section 1201(f)(3) provides that only the person who performs the reverse engineering can provide the information necessary to achieve interoperability to others. Collaborative project environments conducted over the Internet, such as those used by many open source software developers may be considered illegal under a strict interpretation of the exemption. Even if the sharing of information regarding circumvention is done for the purpose of developing an interoperable product, its placement on the Internet may be interpreted as “trafficking” under the circumvention device ban.
