Mr. McCullough discusses the Digital Millennium Copyright Act (DMCA), and the traditional and open source models of software development. He argues that the "DMCA supports the 'Traditional Model' of software development, at the expense of the 'Open Source Model,' by limiting the ability of open source developers to write programs that increase interoperability and by limiting their ability to engage in peer review for such programs." He also discusses the competing interpretations of the Reverse Engineering Safe Harbor and proposes statutory solutions to the overall lack of protection afforded to software developers using copyrightable materials to promote interoperability.
Theodore C. McCullough,
Understanding the Impact of the Digital Millennium Copyright Act on the Open Source Model of Software Development,
6 Marq. Intellectual Property L. Rev. 91
Available at: http://scholarship.law.marquette.edu/iplr/vol6/iss1/4