Limitations on the Proposals for Reform of Non-Literal Copyright and Reverse Engineering of Computer Software

This paper discusses two aspects of the recent Copyright Law Review Committee's Draft Report on changes to the Copyright Act necessary to protect computer software. It focuses on the two different types of non-literal copyright as analysed in the USA, and upon reverse engineering. Its thesis is that the CLRC has made a number of confusing recommendations in relation to these matters. As for non-literal copyright, this paper argues that the CLRC has failed to recognise adequately the special nature of non-literal copyright and has confused the two different types. In relation to reverse engineering, the paper suggests that the CLRC is correct in creating its purposive test for infringement by reverse engineering, but notes that the provisions of the Circuit Layouts Act have been ignored. It concludes with some scenarios which the author suggests show the inconsistencies between the CLRC Draft Report and the technology which it addresses