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Legal Issues of Opening Up Proprietary Standards?
mrjb asks: "The Alesis HD24 is a 24-track, hard disk audio recorder with a built-in 10 megabit FTP server. To improve on file transfer speed, Alesis offers an external Firewire drive with a program called FST/Connect which reads the disks under Windows. I've contacted Alesis about a Linux solution, but none is planned. Also, they are (understandably) not very eager to reveal the file system specs. After a few days of staring at hex codes, I now know enough about the FS to read HD24 IDE disks under Linux (no Firewire required). As I know I benefit from the efforts of the Samba and OpenOffice teams, I'd love to share this info. I'm not, however, the least bit interested in Alesis suing me (in fact, I might want to send them my CV at some point). What would your advice be in such a delicate situation of conflicting interests?"
Write up a spec sheet, get onto an anonymizer service, and e-mail the specs to either someone interested in writing a driver, or a hobbyist e-mail list. Or write the driver yourself and publish the source in the same manner. Either way, just use an anonymizer service.
If you're looking to take credit for it, well, (possibly) getting sued is the price you pay for fame.
occultae nullus est respectus musicae - originally a Greek proverb
As always, this is not legal advice, if you get legal advice on Slashdot, get your head checked.
If you reverse engineered their disk standard by yourself, you are fine legally, There's nothing illegal about reverse engineering (exception copy restriction technology per the DMCA). Now if you used some of their developer docs or something to do it you could be on the hook if they made you agree not to use them for reverse engineering before giving them to you. However if this was all on your own, then there's no worries.
Now, this doesn't mean they can't sue you it just means they won't win if you are competently represented. They could still file a suit and it probably would get past inital hearings, so you'd actually have to fight it in court.
As for employment, well if you release this and it pisses them off then you can expect they won't employ you, and they'll be within their rights to do so. So if you are seriously thinking about getting a job with them, you might want to reconsider.
Something else I will point out, though I am not advocating, is that the Internet is large, spans international borders, and is not well monitored. If you don't care about credit and don't do things to draw attention to yourself (like posting on Slashdot) there's no reason you couldn't do an anonymous release on a website in a country that doesn't much care, like Russia.
Try emailing a public contact at Samba and see if they can give you any advice. They obviously had to figure this out a long time ago.
You could also contact a lawyer.
The global economy is a great thing until you feel it locally.
Before he does that, what he really ought to be doing is talking to an attorney. An attorney can give you advice on what measures you can take to minimize your legal exposure here. That advice may include what you need to do to assure that you've done this in a clean manner. Having specs you hand off to somebody else may not provide the kind of validation that is needed.
In the end though you can do this 100% on the up and up and still get sued. A good lawyer will tell you that. Will they win the lawsuit? Not if you do this right, but then how many thousands of dollars will you blow defending the lawsuit, whether you win or not.
Whatever you decide to do an attorney can give you a clear perspective on what the ramifications are.
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What's remarkable is that the IP lobbyists have managed to generate such a level of paranoia that people are frightened to use their God-given gifts to advance technology and the interests of the community.
If reverse-engineering is outlawed, then technological progress is at risk.
Even if the onus of proof is on the prosecution, that won't stop them from creating a long, drawn-out trial that will bankrupt the defendant before the case even gets close to providing justice. So yes, in an idealistic world where lawyers don't require money and time is not an issue, the onus is on the prosecution. However, we don't live in that world, and unless he can prove very quickly that the case has no merit, he's going to get the legal crap beat out of him, regardless of whether or not he's done anything wrong.
It's better to vote for what you want and not get it than to vote for what you don't want and get it.
- E. Debs
To give you a little bit of perspective, I've worked for several Alesis dealers, the first back in 1985 when they were just getting off the ground.
The company loves to sue. LOVES to.
And they don't particularly care about the consequences, even if it hurts them. I've watched them pull product from major accounts because they'd gotten into some tiff with the store over policy.
I'd keep your discovery under wraps.
And, for what it's worth, I'd avoid working there.
Boycott everything - they're all trying to fuck you one way or another
So first off, anyone who "asks slashdot" about legal issues is asking for public opinion, not legal fact. I did not need to preface this with "IANAL", but I did so to call attention to the fact that slashdot is the wrong forum. You can't get legal advice from anyone but a lawyer you have arragements with. It's stupid even to go to somewhere like groklaw and ask for advice. Pay a lawyer or take your chances.
Second, reverse engineering IS legal. Your cynicism is masking that fact. Yes, it is dangerous, but the question sounded like some frustrated guy who figured out a file format all by himself. There are dozens of things he could have done to make his particular reverse illegal, but I suspect he did so honestly or he wouldn't be asking. Lawyers could clarify the subject, all us geeks are going to say is "if you didn't cheat, it's OK".
Third, the DMCA makes reverse engineering copy protection methods illegal. This particular part of the DMCA has not been tested, ever, on purpose. It probably would get thrown out. It is unlikely that someone would crack copy protection on purpose, without intent to enable piracy. But it has been done, and no charges filed on that issue. That is why I made the statement about "being willing to get drug through the mud".
Fourth, you don't need to be a lawyer to make statements about what is right. Most of law is what society thinks is right vs. wrong turned in to words that can then be applied equally and fairly. Very often the written law is well behind public opinion, and one way that changes is by forcing it.
Finally, Engineering 101. When in doubt, shout it out.
Could you provide a reference to the particular law and section? It is my understanding that reverse engineering is not only legal in most cases, it is even protected. It's only a few rare exceptions that are illegal such as (potentially) EULA restrictions and creating software that bypasses copyrightprotections, thanks to the DMCA.
Unless this guys is violating his EULA, I'm not sure where the violation is. Still, it is good to check with a lawyer.
While I agree if he's interested in a job he should be careful that they don't mind what he's doing, I don't see where this would deny them revenue. They sell a piece of hardware (HD24), and an extension piece of software on Windows that works through firewire. (It's not clear if they charge extra for the Windows software.) They were very clear they're not building drivers for Linux presumably because the cost to develop, maintain, and support Linux wouldn't cover the small market gains. This guy figured out how to make it work in Linux. He basically just opened up a market for them by effectively developing a Linux driver for free, with no required commitment from them for support or maintenance. Now they can potentially sell more hardware at no extra cost.
Where exactly is the denied revenue?
Not be an ass, but why not consult a lawyer? Or ask your question where the people have legal degrees, or have spent 5 or 10 or 20 years studying and practicing law, rather than a board where people have spent 5 or 10 or 50 yearss studying tech.
Would you ask a group of doctors how to rebuild you car engine? I would hope you would ask an auto mechanic.
And All I Ask is a Tall Ship And a Star to Steer Her By
What could he be sued under? Anything. All they have to do is file the suit and he'll probably have to settle due to the overwheming legal fees associated with defending oneself, even if he did absolutely nothing wrong.