> The object code of a program may be copyrighted as expression, 17 U.S.C. § 102(a), but it also contains ideas and performs functions that are not entitled to copyright protection. See 17 U.S.C. § 102(b).
> Object code cannot, however, be read by humans.
> The unprotected ideas and functions of the code therefore are frequently undiscoverable in the absence of investigation and translation that may require copying the copyrighted material.
> We conclude that, under the facts of this case and our precedent, Connectix's intermediate copying and use of Sony's copyrighted BIOS was a fair use for the purpose of gaining access to the unprotected elements of Sony's software.
Not only are the methods of operation which underlie the code completely unprotected, the copying of and the application of tools to the code for the purpose of exercising your right to discover those unprotected elements is fair use.
> then _all_ software copyright is pointless
It is pointless. I am a copyright abolitionist.
> What's the point of the GPL on such world?
None. The GPL was literally created in response to copyright protection being extended to software. No copyright, no point to the GPL.
So you provide one answer on my question of which thought process leads to these conclusions: wishful thinking.
Sigh.
See what I just wrote on the other comment:
> These exceptions allows you to perform RE to _understand_ the code in question for interoperability, not to strip it from copyright and start distributing it as if it was your own code. And in most jurisdictions such exception only becomes possible when it's the _only option available_ to interoperate. As this is _hardly_ the only option available to run this game on your platform (emulation, for example, is completely legal, AND you could RE this title to fix your emulator), this exception hardly applies here.
This is exactly what actually happened in the case you are quoting.
Fair use.
Sony Computer Entertainment v. Connectix Corp.
https://scholar.google.com/scholar_case?case=716676913673727...
> The object code of a program may be copyrighted as expression, 17 U.S.C. § 102(a), but it also contains ideas and performs functions that are not entitled to copyright protection. See 17 U.S.C. § 102(b).
> Object code cannot, however, be read by humans.
> The unprotected ideas and functions of the code therefore are frequently undiscoverable in the absence of investigation and translation that may require copying the copyrighted material.
> We conclude that, under the facts of this case and our precedent, Connectix's intermediate copying and use of Sony's copyrighted BIOS was a fair use for the purpose of gaining access to the unprotected elements of Sony's software.
Not only are the methods of operation which underlie the code completely unprotected, the copying of and the application of tools to the code for the purpose of exercising your right to discover those unprotected elements is fair use.
> then _all_ software copyright is pointless
It is pointless. I am a copyright abolitionist.
> What's the point of the GPL on such world?
None. The GPL was literally created in response to copyright protection being extended to software. No copyright, no point to the GPL.