I would prefer to say "were obtained by decompiling", so that there is no confusion in what type of RE was used. Note that the EU document nowhere has the phrase "reverse engineering", again to avoid confusion. Furthermore, "observation" does not (to my mind) exclude observation of the internal workings of the program (via something like a virtual machine, as I indicated), nor does it exclude the automatic collection of data from such observation. [However, the license of a program could presumably restrict the manner in which the user may permissibly run the program].these values were obtained by RE-ing, not by "observation"
It depends on the laws (and interpretation therein) in the relevant jurisdiction. For R1: ZW and Rick Fadden live in the US, while Osipov is seemingly from the Russian Federation. Schröder is Dutch, but claims to have VR's permission.didn't those guys who decompiled large chunks of Rybka 1.0 & 2.3.2a & 3 code violate the law in the same way?
US case law is rather scattered about the matter, but I think Sega/Accolade still holds [at least in the 9th Circuit] as pertains the situational parameters of disassembly (which as I say, I consider akin to decompilation):
The "legitimate reason" clause should be read with respect to copyright law as a whole (e.g., educational purposes are probably permitted, commercial ones perhaps not).This case presents several difficult questions of first impression involving our copyright and trademark laws. We are asked to determine, first, whether the Copyright Act permits persons who are neither copyright holders nor licensees to disassemble a copyrighted computer program in order to gain an understanding of the unprotected functional elements of the program. In light of the public policies underlying the Act, we conclude that, when the person seeking the understanding has legitimate reason for doing so and when no other means of access to the unprotected elements exists, such disassembly is as a matter of law a fair use of the copyrighted work.
Since the enquiry concerned Rybka, back in 2004, VR had this to say:
Vasik Rajlich wrote:disassembling for purposes of finding information is legal and cannot be prevented.
It would be legal (though incredibly hard) for someone to disassemble one of the commercial programs and publish his findings.