Hacking the Xbox

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188 Hacking the Xbox: An Introduction to Reverse Engineering (a) disassemble, decompile or otherwise derive source code from the Software, (b) reverse engineer the Software, (c) modify or prepare derivative works of the Software, (d) copy the Software, except as expressly permitted in this Agreement, (e) rent or lease the Software, or (f) use the Software in any manner that infringes the intellectual property or other rights of Licensor or another party.” Companies argue that such provisions legally bind purchasers not to reverse engineer their software. If they do so anyway, they have breached a contract and can be sued for damages. The problem, of course, is that the antireverse-engineering provision gives the copyright owner rights beyond those it would have under, say, the Sega decision. Whether this kind of contractual prohibition is enforceable is a hotly disputed issue. Courts have sometimes rejected reverse engineering defenses in trade secrecy cases because this activity exceeded the scope of licensed uses of the software. 38 Courts have sometimes refused to enforce software shrinkwrap license restrictions against reverse engineering because of a conflict between the clause and federal intellectual property policy. In Vault Corp. v. Quaid Software Ltd., 39 the maker of copy-protection software tried to enforce an anti-reverse-engineering clause under Louisiana law against a firm that had reverse-engineered its copy-protection scheme. The court held that federal law preempted the contractual clause as a matter of federal policy, the same argument used in Bonito Boats to override the Florida boat hull law. In addition, Section 301 of the Copyright Act preempts state-created or state-enforced rights “that are equivalent to any of the exclusive rights within the general scope of copyright . . . .” As might be expected, there’s a debate about what “equivalent” means. Courts have said that contract provisions enforceable under state law are “equivalent” to federal copyright when the conditions for infringement are the same. But if infringement of the state-created right requires an “extra element,” it is not “equivalent.” 38 E.g., Technicon Data Sys. Corp. v. Curtis 1000, Inc., 224 U.S.P.Q. (BNA) 286 (Del. Ch. 1984) (holding that a consultant to a hospital used improper means to obtain trade secret interface information by wiretapping the hospital’s licensed software system to study the manner in which the server software exchanged data with the client software because this use had not been authorized by the hospital; stating further that even if the use had been authorized, the action would have breached restrictive terms in the license); see also DSC Communications Corp. v. Pulse Communications, Inc., 170 F.3d 1354 (Fed. Cir. 1999) (holding that there was a triable issue of fact as to whether Pulsecom’s use of a “snooper board” at a telephone company to get access to interface information about DSC’s software resulted in a misappropriation of a trade secret in view of restrictions in the telephone company’s license to use DSC’s software). 39 847 F.2d 255 (5th Cir. 1988).
Chapter 12 - Caveat Hacker 189 Such a contractual clause was recently found enforceable. In Bowers v. Baystate Technologies, Inc., 40 an inventor marketed a patented computeraided design (CAD) software “toolkit” with an anti-reverse-engineering license clause. Baystate, a competitor, reverse engineered Bowers’ software and then marketed a competing CAD toolkit. After some complicated litigation, the court eventually held, among other things, that Baystate breached its contract with Bowers. The court held that the license wasn’t preempted because a contract has an “extra element” — the parties must agree. 41 It follows that federal copyright law can never preempt a contractual prohibition. The problem with the Bowers decision is that it focuses only on the specific preemption clause of the Copyright Act and completely ignores constitutional “conflict” preemption. 42 The Uniform Computer Information Transactions Act (UCITA) is a state legislative atttempt to address these issues, but it is also mired in controversy. Trade secrets and the Economic Espionage Act The Economic Espionage Act (EEA) 43 created the first federal cause of action for trade secrecy misappropriation. But it has no reverse engineering defense. This is troubling because rights granted under the EEA arguably implicate certain reverse engineering activities previously thought to be lawful. In particular, it’s unclear whether decompilation and disassembly of computer programs may violate EEA rules that forbid duplicating trade secrets. The Responsible Hacker: Ignorance Is No Defense In general, there are two ways you can violate intellectual property laws. Direct infringement means that you actually infringed. Indirect infringement means that you facilitated actual infringement by someone else. For example, in the Betamax case, the issue was whether Sony, by selling VCRs, could be found liable for its customers’ copyright infringement. 40 302 F.3d 1334 (Fed. Cir. 2002). 41 The court relied on an earlier case, ProCD, Inc. v. Zeidenberg, 86 F.3d 1447, 1454. (7th Cir. 1996) (“A copyright is a right against the world. Contracts, by contrast, generally affect only their parties; strangers may do as they please, so contracts do not create ‘exclusive rights.’”). 42 EFF has submitted an amicus brief supporting Baystate’s petition for rehearing en banc in the case. [add cite] 43 Economic Espionage Act of 1996, Pub. L. No. 104-294, 110 Stat. 3488 (codified at 18 U.S.C. § § 1831-1839 (Supp. V 1999)).
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Hacking the Xbox An Introduction to
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The US government is far and away t
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Hacking the Xbox An Introduction to
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In memory of Aaron Swartz
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x Hacking the Xbox: An Introduction
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Acknowledgments I would like to tha
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CHAPTER 4 Building a USB Adapter Ca
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Strategy Chapter 4 - Building a USB
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Chapter 4 - Building a USB Adapter
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CHAPTER 5 Replacing a Broken Power
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Chapter 5 - Replacing a Broken Powe
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Strategy Chapter 5 - Replacing a Br
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Figure 5-6: The final cable assembl
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CHAPTER 8 Reverse Engineering Xbox
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Chapter 8 - Reverse Engineering Xbo
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clearance for motherboard component
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Appendix D - Getting Started with F
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APPENDIX F Xbox Hardware Reference
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Appendix F - Xbox Hardware Referenc
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Appendix F - Xbox Hardware Referenc
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DVD-ROM Power Connector Appendix F
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Fan Connector Appendix F - Xbox Har
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268 continuity mode, in DMMs 19 Cop
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270 Molex 76 Moore’s Law 5 Mosis
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272 Virtex-II FPGA 123 Visor 139, 1
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Hacking the Xbox

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