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Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
competition, copyright, endnote, reverse engineering, software, zotero

Companies:
george mason university, thomson reuters



Thomson Reuters Lawsuit Against Competing Software Product Dismissed

from the reverse-engineering-allowed dept

Last year, we wrote about the troubling lawsuit filed by Thomson Reuters claiming that George Mason University, the makers of an open bibliography software, Zotero, had violated its copyright by reverse engineering the file format used by Thomson Reuters' own proprietary bibliography software, EndNote. Zotero could open bibliographies created in EndNote and then resave them in an open format -- a very useful tool that should be perfectly legal -- but which Thomson Reuters claims violated its license agreement, which bars reverse engineering. Luckily, a judge has tossed out the lawsuit, though (as of right now) it's not entirely clear what the reason for the dismissal was (the ruling doesn't appear to be anywhere online, and the reports on it don't seem to have the details either). Hopefully, Thomson Reuters takes the hint and drops the case, but there's probably a half-decent chance that it will refile the suit or appeal. However, one hopes that the company realizes that felony interference with a business model isn't a crime, and reverse engineering has been held to be perfectly legal. Also, wouldn't it be nice if the company focused on competing by innovating on tools and features, rather than trying to sue competitors out of existence? Update: There's a great analysis of the complaint, that goes much more deeply into the details -- and corrects some misperceptions in this and the earlier post (though, I'd still argue it's copyright law that makes the license enforceable in the first place).

14 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
bibliography, closed, copyright, dmca, license, open, software

Companies:
george mason university, thomson reuters



Thomson Reuters Sues George Mason University For Making Its Software Output More Useful

from the how-dare-they! dept

A bunch of folks have been submitting the news that financial information giant Thomson Reuters is suing George Mason University for the high crime of releasing some software that can convert the output of Thomson Reuters own EndNote software into a more open format. EndNote is software for creating bibliographies, from a variety of different databases. The George Mason software, Zotero, does the same thing -- but also will take documents saved in EndNote's proprietary format and save it in its own open format. In normal times, under normal laws, this shouldn't be a problem. Reverse engineering is considered a perfectly legitimate practice in most cases -- and, in fact, is considered an important part of the competitive market in driving innovation. But, thanks to the DMCA, when it comes to software, this type of behavior can be blocked within a license agreement. This is one of the worst parts of the DMCA, in that it's clearly not about protecting copyrighted material, but about preventing any sort of competition in the market place.

If Thomson Reuters execs actually thought about this, they would realize that Zotero actually makes EndNote more valuable by making the output more valuable. As long as Thomson Reuters is willing to keep adding more and better features, then it should have nothing to worry about from Zotero, who only enhances the value of EndNote's output. Instead, Thomson Reuters is using the old claim of felony interference with a business model to shut down a university-produced open competitor. Thomson Reuters' claims make this quite clear, in saying that Zotero is "destroying the EndNote customer base." Back here, in the real world, most people call that competition and think it's a good thing, rather than against the law.

22 Comments | Leave a Comment..

 
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