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MSO2000 Application module hack

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Stonent:

--- Quote from: mikeselectricstuff on August 06, 2014, 11:31:08 pm ---
--- Quote from: free_electron on August 06, 2014, 10:38:16 pm ---from the mdo2000 users manual page 4 :

"Copyright © Tektronix. All rights reserved. Licensed software products are owned by Tektronix or its subsidiaries or suppliers, and are
protected by national copyright laws and international treaty provisions.
Tektronix products are covered by U.S. and foreign patents, issued and pending. Information in this publication supersedes that in all
previously published material. Speci?cations and price change privileges reserved."

--- End quote ---
So nothing about any restriction on use then.

--- End quote ---

Yeah the way it reads to me yes the software is copyrighted and installed on the device.  Since the module has no software just a string of text, then they can't say you're pilfering their software.

firewalker:
I believe that a Judge (Europe) had ruled that hacking is allowed as long as the hacker doesn't make money (sell compatible Tek modules eg) or the company doesn't loose money. I think it was for software. I will try to find the details.

Alexander.

janoc:

--- Quote from: firewalker on August 07, 2014, 08:09:00 am ---I believe that a Judge (Europe) had ruled that hacking is allowed as long as the hacker doesn't make money (sell compatible Tek modules eg) or the company doesn't loose money. I think it was for software. I will try to find the details.

Alexander.

--- End quote ---

Careful, there is no "Europe" in the sense of legal system or jurisdiction. EU has 28 member countries and 28 different legal systems. There are some EU directives that have to be implemented by the member states (like the recent "right to be forgotten" rule or RoHS), but the actual implementation is up to the member states and will be different in every country, depending on how the rule is transcribed into the local law.

So be very very careful about these statements - what may hold in one EU state may not be the case in another. E.g. UK is a common law country whereas the rest of EU is civil law. Rulings in Germany will not apply to cases in the UK and vice versa. So sweeping statements about shrinkwrap licenses being unenforceable or "hacking" for no commercial gain being legal could get someone in trouble if they don't check their local laws.

For example: Dashboard cameras in cars are legal in most of Europe. However, they are not legal in Belgium and Austria. If you get caught with one by police in Austria, you can get hit with up to 20 000€ fine - because their courts have ruled that recording someone without consent is a privacy violation and they lumped it with things like illegal surveillance. Similarly, if you are using a GPS (satnav) or Waze on your phone with a database of stationary speed radars you can get a massive fine here in France - there is law forbidding devices that display precise location of traffic enforcement activities. So most satnavs and Waze had to update their firmware and display only alerts that you are entering a "danger zone" a few kilometers ahead of the radar when you are in France. Etc.


mamalala:

--- Quote from: janoc on August 07, 2014, 08:45:33 am ---Careful, there is no "Europe" in the sense of legal system or jurisdiction. EU has 28 member countries and 28 different legal systems. There are some EU directives that have to be implemented by the member states (like the recent "right to be forgotten" rule or RoHS), but the actual implementation is up to the member states and will be different in every country, depending on how the rule is transcribed into the local law.

So be very very careful about these statements - what may hold in one EU state may not be the case in another. E.g. UK is a common law country whereas the rest of EU is civil law. Rulings in Germany will not apply to cases in the UK and vice versa. So sweeping statements about shrinkwrap licenses being unenforceable or "hacking" for no commercial gain being legal could get someone in trouble if they don't check their local laws.

--- End quote ---

While generally true, the EU laws that the member countries must implement have the advantage that they can be fought for in an EU court if a country did not properly implement it. Also, the consumer protection laws about issues like shrink-wrap stuff (basically an unfair contract) and hacking for private purposes are rather old, so that by now there has been plenty of time for the countries to implement it. Keep in mind that a failure to implement EU directed laws in a timely and sufficient manner can (and usually will) the have EU to impose sanctions against such a country. Just for that reason alone they are often implemented in local law, simply to avoid consequences.

Greetings,

Chris

madires:
If you haven't noticed yet, Tektronix has sent a DMCA take-down notice to Hackaday because they posted an article about hacking MSO2000's application modules. You can read the story at https://www.techdirt.com/articles/20140806/07155928127/tektronix-uses-dmca-notice-to-try-to-stop-oscilliscope-hacking.shtml (includes the links to the post and the notice).

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