Computer programmes or software are classified as “literary works” under the Copyright Act, 1957. Software owners assert copyright in their software, however source code (also protectable under the act) is usually kept confidential. If source code is not available, tools for decompilation, generally known as “decompilers”, allow for the conversion of computer readable code into human readable source code.
Decompilation is also generally referred to as “reverse engineering”.
While copyright law protects the expression of ideas, information related to functionality is generally not protectable. Practically, however, it is not possible to understand how software works in terms of its principles, steps or functionalities by simply having access to the software without decompiling the software in question. Decompiling software includes reproducing the software, which could, from a definitional perspective, amount to an infringement of copyright.
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Ameet Datta is a partner at Saikrishna & Associates, where Suvarna Mandal is an associate. The views expressed in this article are personal.
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