Legal Notes
 

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.