Re: Is RCE of malware illegal?

[Dude VanWinkle <dudevanwinkle () gmail com>]

On 11/5/05, Blue Boar <BlueBoar () thievco com> wrote:
> Oliver Schneider wrote:
> > In response to "is RCE legal?" I'd like to raise a funny question with a
> > serious background: is RCE of malware illegal?
>
> Possibly.
>
> But, there is always the assumption that it is unlikely that the
> copyright holder will bring civil suit.  At least with the older kinds
> of malware...

> > Imagine the spyware distributor has a EULA explicitly restricting RCE.
> > Assume furthermore the spyware uses rootkit techniques.
> >
> > If you reverse-engineer it, you break the EULA (and you are not part of the
> > legal system while doing this).
> > > From my understanding the reverser of the malware (or suspected malware)
> > does something illegal, no?
>
> Some spyware is a bit harder, because the producers are sometimes very
> unrepentant, have money on the line, and are willing to use all stalling
> & legal tactics.

Well then they definitely wouldnt spend money suing the reverse engineer

Most EULA's are unenforcable anyways. Can someone who doesnt own the
bandwidth, hardware, or software,  agree to a contract for that setup
(read: employee)?

> Some of them have forced AV companies to take them out of the spyware
> detection.

and some of them pay the company directly for non-detection

http://slashdot.org/article.pl?sid=04/11/02/2032247

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