Publishing Journal ›› 2019, Vol. 27 ›› Issue (3): 59-.

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Legitimacy Analysis of Reverse Engineer Prohibition in Software :Reflections result from
the License Restrictions in the AWS Customer Agreement

  

  • Online:2019-05-15 Published:2019-05-15

Abstract:

[Abstract] This article critically analyzes the license restrictions in customer agreements made by Amazon
Web Service, in order to examine the legitimacy of licensors to limit their end users through setting extensive
limited provisions in click-wrap contracts. This article mainly discusses the provision about prohibition of
reverse engineer, and bases on the relevant legislation and judicial practice of the United States and the
European Union to examine the term’s legitimacy. In view of the anti-monopoly regulations established by
the United States and the European Union, this article studies the relevant management measurement to the
restrictive provisions in licensing agreements taken by international community. In the last, the article reveals
that the reverse engineer prohibition is a violation of fair use in software, and also brings forward several
suggestions about fair use legislation in reverse engineering of software in China.