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Binary decompilation of OS2KRNL and other DLLs

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RickCHodgin:
A discussion cropped up on another site about a defunct software application (defunct since 2009) that has received new updates and bug fixes and a type of service pack with some new features / workarounds to existing limitations (written by someone who doesn't work for the company that abandoned it, but who is just a regular user out there with high technical skill), and the legality of U.S. users applying those patches.

It got me wondering if a technology, such as that related to OS/2 officially defunct now by IBM/Microsoft, could be legally decompiled from binary form for the purposes of education (learn how the kernel operates), for bug fixes / workarounds (vis-a-vis Arca Noae's path), or for other purposes?

Does the defunct state of a software app, even a major one, have any known ruling in a court case about what can be done with it since it is effectively abandonware by the original authoring / maintaining entity?

Martin Iturbide:
Hi Rick

I think that the defunct state or being abandonware means nothing in legal terms.
What means something is the 107 clause on the US Copyright (Fair use).
- https://www.law.cornell.edu/uscode/text/17/107

I would understand that if it is for educational and non profit related work, it should fall under "fair use". And there is also a "effect of the use upon the potential market for or value of the copyrighted work", which I don't think will affect IBM sales.

But remember that on the "lawyer world" everyone can be sue, even if they don't have a case.

Regards

RickCHodgin:
I think there may be a new avenue to arrive at the desired research, albeit completely indirectly.

A new ruling by the U.S. Copyright Office, which went into effect this morning at 12:00am (October 28, 2018), now makes it legal for security researchers to examine the contents of a software program to look for security flaws, and to issue repairs / patches which make the software more secure.

An entity could determine to publish a document outlining notable security flaws present in a piece of software, such as the OS2KRNL and related DLLs, by examining them for those purposes, as well as write a software program to patch / repair that software to remove the security flaws:  Section 1201 Acting Registers (see pages 71-84 for background discussion between proponents and opponents).

"Computer programs, in the form of firmware or software, regardless of the device on which they are run, when circumvention is initiated by the owner of the copy of the computer program or with the permission of the owner of the copy of the computer program, in order to conduct good-faith security research. This exemption does not obviate the need to comply with all other applicable laws and regulations."

Note:  It may be time for me to start a security research company.  Christopher Domas has been a long time party of interest for me in x86 research.  Maybe I could partner with his company.

In addition, if a library entity exists for the purpose of preserving historical software and/or hardware, they are now legally allowed to invade the software protection mechanisms and bypass original security or access limitations, but only for the purposes of preserving the work for their library.

This may allow EDM/2 to delve deeper into existing software for the purposes of historically documenting things related to OS/2, but only by entities operating under U.S. law.  I would be willing to volunteer for that purpose, sharing anything I find with EDM/2 for library / historical / legacy knowledge purposes.

Martin Iturbide:

--- Quote from: Rick C. Hodgin on October 29, 2018, 03:26:38 pm ---I would be willing to volunteer for that purpose, sharing anything I find with EDM/2 for library / historical / legacy knowledge purposes.

--- End quote ---

That would be excellent. Let me know when you want to add something on the EDM/2, I can help with that until Adrian gaves you access.

Regards

RickCHodgin:

--- Quote from: Martin Iturbide on October 29, 2018, 03:51:53 pm ---
--- Quote from: Rick C. Hodgin on October 29, 2018, 03:26:38 pm ---I would be willing to volunteer for that purpose, sharing anything I find with EDM/2 for library / historical / legacy knowledge purposes.

--- End quote ---

That would be excellent. Let me know when you want to add something on the EDM/2, I can help with that until Adrian gaves you access.

--- End quote ---

I'm going to start a 501c(3) corporation (non-profit entity) here in my home state, one dedicated solely to security research.  I will then begin working on identifying security flaws in OS/2 4.52 (specifically with SMP kernel versions) running on modern 64-bit CPUs (because people today will have multiple cores and will likely opt to run SMP versions).

I will publish my findings on my own website, as well as provide the information to EDM/2.

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