Abstract:
The Singapore Court of Appeal appears to have outlawed reverse engineering by disassembly in Singapore by its recent decision of Creative Technology Ltd v Aztech Systems Pte Ltd [[1997] 1 SLR 621]. Given that reverse engineering by disassembly is a crucial step in the development of computer programs, this decision may potentially emasculate the local computer software industry. This article seeks to examine whether or not this decision should be regarded as conclusive authority for the proposition that reverse engineering by disassembly per se by a corporate entity is an infringement of copyright without any defences. In particular, this article will focus on the availability of the defence of fair dealing for the purpose of private study under section 35 Copyright Act (Cap 63, 1988 Ed). The penultimate draft of this article was written prior to the Copyright Amendment Bill (No 4 of 1998) which was passed by Parliament on 19 February 1998. The effect of the amendments on the defence of fair dealing in Singapore will also be reviewed. …