EULA 不能禁止使用者 decompile 修 bug

Hacker News Daily 上翻到的,歐洲法院認為 EULA 不能禁止使用者 decompile 修 bug:「EU court rules no EULA can forbid decompilation, if you want to fix a bug (europa.eu)」,官方的英文版文件在這邊可以翻到,不過原始判決是法文:

* Language of the case: French.

這是 Top System SA 與比利時政府打的訴訟,法院認為修 bug 而需要 decompile 這件事情是合法的,即使考慮到 Article 6 的規範:

In the light of the foregoing considerations, the answer to the first question referred is that Article 5(1) of Directive 91/250 must be interpreted as meaning that the lawful purchaser of a computer program is entitled to decompile all or part of that program in order to correct errors affecting its operation, including where the correction consists in disabling a function that is affecting the proper operation of the application of which that program forms a part.

In the light of the foregoing considerations, the answer to the second question referred is that Article 5(1) of Directive 91/250 must be interpreted as meaning that the lawful purchaser of a computer program who wishes to decompile that program in order to correct errors affecting the operation thereof is not required to satisfy the requirements laid down in Article 6 of that directive. However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the holder of the copyright in that program.

案子看起來應該還有得打?看起來好像不是最終判決...

REQUEST for a preliminary ruling under Article 267 TFEU from the Cour d’appel de Bruxelles (Court of Appeal, Brussels, Belgium), made by decision of 20 December 2019, received at the Court on 14 January 2020[.]

但不管怎樣,算是有些東西出來了... 然後 Hacker News 上面的討論就看到一些很歡樂的例子:

This becomes incredibly interesting in terms of e.g. Denuvo. This anti-piracy middleware has been shown to make games unplayable, and this EU law seems to support removing it.

哭啊怎麼提到該死的 Denuvo XDDD

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