The legal point of view: The DMCA forbids the "circumvention of technical measures." The DVD-case was all about DeCSS, a "technology primarily designed or produced for the circumvention of protection afforded by a technological measure." (Sec. 1201 of the US Code) Judge Kaplan decided in the DVD-case that fair use is not relevant in the DMCA. Ergo: IF Sony had used some kind of crappy protection, THEN reverse engineering would be in breach of the DMCA (if it had been enacted).
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The legal point of view:
The DMCA forbids the "circumvention of technical measures." The DVD-case was all about DeCSS, a "technology primarily designed or produced for the circumvention of protection afforded by a technological measure." (Sec. 1201 of the US Code)
Judge Kaplan decided in the DVD-case that fair use is not relevant in the DMCA. Ergo: IF Sony had used some kind of crappy protection, THEN reverse engineering would be in breach of the DMCA (if it had been enacted).
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