I'm in a difficult situation and trying to figure out my next steps.
reverse engineering software. I've been dealing with this for about 13 weeks now and the situation isn't improving.
This involves original creative work over the past 16 months. I do have documentation proving my ownership and timeline.
Do I have a strong case? What should my next steps be?
Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.
A competitor reverse-engineered our desktop application and built a compatible clone that reads our proprietary file format. They're marketing it as "compatible with [our product]." We have a EULA that prohibits reverse engineering. What are our options?
Multiple potential claims:
1. DMCA § 1201 (anti-circumvention): If they bypassed any technical protection measures to access your code or file format, this provides a federal claim regardless of fair use.
2. Trade secret: If your file format and internal logic aren't publicly documented, they may qualify as trade secrets. Reverse engineering CAN be a legitimate means of discovering trade secrets in some jurisdictions, but EULA restrictions may change the analysis.
3. Copyright: If they copied substantial code rather than just observing behavior and reimplementing, that's infringement. But post-Google v. Oracle, the fair use defense for interoperability-focused copying is stronger.
4. EULA breach: If they accepted your EULA (by installing your software) and then violated the reverse-engineering prohibition, that's breach of contract. Enforceability of anti-RE clauses varies by jurisdiction — some courts have held them unenforceable as against public policy (interoperability).
Strongest approach: combine trade secret claims (if the file format was confidential) with DMCA anti-circumvention. These don't have the "fair use" defense that weakens copyright claims.
Final update on my case: settled for the full amount I demanded, plus they covered my filing costs. Total time from demand letter to settlement: 6 weeks. The key was having a well-documented demand with specific legal citations and a clear deadline. They knew I would follow through.