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    "What I've learned after 8 weeks in this course is that you'd need to spend at least 12 weeks reading case law before really being able to answer the question you pose here." - Amen to that. Nobody really knows, and, as you state, it depends on who might come after you. With this level of ambiguity, larger entities can beat you into financial submission and not even need to win their case. Commented Apr 5, 2013 at 8:01
  • The DMCA changes the entire playing field for software. U.S. Copyright law has had a very significant number of cases that have shaped the definition of Derivative Works and Fair Use (including reverse engineering of software, the most prominent case being Sega Enterprises Ltd. v. Accolade, Inc., 977 F.2d 1510 (9th Cir. 1992)). Since the passing of the DMCA, though, there hasn't been much, if any, litigation on fair use and derivative works in the field of computer software. I'm actually currently researching Derivative Works and Fair Use, so I'll keep you posted. Commented Nov 7, 2014 at 23:06