|
(caveat: IANAL and am frequently wrong) The DMCA provides a singularly annoying exemption process. Every three years, the Librarian of Congress makes a determination of valid exemptions to the DMCA. These exemptions are complicated to apply for, and having been previously granted theoretically has no impact on whether it is granted the next time, so anyone who wants to maintain an exemption needs to reapply and make their case every three years. From 2018 and until 2021, there are 14 DMCA exemptions in effect. One of them is "Computer programs, except videos games, no longer reasonably available in commercial marketplace, for preservation by eligible libraries, archives, and museums." Unfortunately, while this software is not a video game, nor is it reasonably available, it is not covered by this clause, as "the work cannot be made available or distributed outside the physical premises of the eligible institution." Not to worry, though! There is one other possible exemption. Number 11: "Computer programs, for purposes of good-faith security research." Is this good-faith security research? Well, one of the tests there is whether the "information is used primarily to promote security of devices on which the program operates." This probably does the opposite, being an effective argument and tutorial AGAINST security, so it probably doesn't work, either. So yes, this is probably illegal. It could maybe even be a felony, technically. You could probably get years in prison for it. You wouldn't, but that won't stop a fed from convincing you of that in order to get you to sign a confession. |
The US strong-armed most their trade-partners into implementing DMCA-compatible laws. Here in Australia we have "compatible" laws, but to my knowledge no exemption process.
EDIT: It's probably worth noting we didn't even bother amending our existing legislation, we just introduced new conflicting legislation. It's a real mess.