Legal Notes
on our Interoperability with Public IM Networks
Interoperability is defined
as “the ability to exchange information and mutually
to use the information which has been exchanged”.1
In terms of Instant Messaging, interoperability means
the ability of an IM software to exchange information
(communicate) with any other IM software. The need for
interoperability and its importance to consumers of
software has been widely recognized.
Our Instant Messaging Solutions interoperates with the
mayor Public IM Networks including AOL, MSN, ICQ,
Yahoo IM Networks & Jabber (Google Talk), with the only requirement being that
the user has an existing account with such Public IM
Networks. In order to protect the right of software
developers to create interoperable software, most developed
countries have incorporated special exceptions in their
copyright laws. In order to achieve interoperability,
these exceptions even allow the use of techniques like
reverse engineering which are usually forbidden in most
license agreements and terms of use.
In the United States,
the
Digital Millenium Copyright Act, section 1201(f)
explicitly permits a person to "circumvent a technological
measure that effectively controls access to a particular
portion of that program for the sole purpose of identifying
and analyzing those elements of the program that are
necessary to achieve interoperability of an independently
created computer program with other programs,"
and for that person to "develop and employ technological
means to circumvent a technological measure" for
the purpose of "enabling interoperability of an
independently created computer program with other programs."
The information and means developed for these purposes
may be made available to others if it is provided "solely
for the purpose of enabling interoperability of an independently
created computer program with other programs."
2
In the European Union,
the COUNCIL DIRECTIVE of 14 May 1991 on the
legal protection of computer programs (91/250/EEC) allows
the decompilation of computer programs without the authorization
of the rightholder in order to obtain the information
necessary to achieve the interoperability of an independently
created computer program with other programs. The UK
law incorporated this European Council Software Directive
on its “Copyright, Designs and Patents Act 1998”.
Similar provisions exist
in copyright laws in other developed countries throughout
the world.
1 Definition from COUNCIL
DIRECTIVE of 14 May 1991 on the legal protection of
computer programs (91/250/EEC)
2 Summary from Public
Memorandum of 23 October 2003 by Owen Wengerd
Interactive Networks
Inc. is in no way affiliated or endorsed by AOL®,
ICQ®, MSN®, Yahoo® & Jabber®, Google Talk®. AOL, AIM, ICQ are trademarks
of America Online, Inc., MSN is a trademark of Microsoft
Corp., Yahoo is a trademark of Yahoo! Inc. Jabber is a trademark of Jabber Software Foundation, Google Talk is a trademark of Google Inc. Interactive
Networks Inc. allows access to various networks, by
way of interoperability. |