[Gnash-dev] Does the latest Flash Player EULA still prevent people from coding for Gnash?

[Robinson Tryon]

In the past it was pretty much a given that the Adobe Flash Player
EULA precluded people in the US from both accepting that EULA and
writing code for a project such as Gnash:

http://www.gnashdev.org/?q=node/25#eula
http://www.gnashdev.org/?q=node/64
http://www.mail-archive.com/address@hidden/msg07169.html
http://lwn.net/Articles/228637/

Choice quotes:
"There is some debate about whether the Adobe/Macromedia Flash EULA
can be considered binding..."

"Rob: The Adobe EULA for Flash forbids anyone who has installed their
Flash tools or plugin from working on Flash technologies...Adobe has
declined to comment on this issue, since the confusion benefits their
lockin of the market."

And the most important one, referencing a snippet of a Flash Player license:
"It's 2.5.1, the clause about reverse engineering.

"[Information] may not be disclosed to any third party or used to
create any software which is substantially similar to the expression
of the Software."

I don't have easy access to old versions of the Flash Player EULA, but
the license for Adobe Flash Player 10
(http://www.adobe.com/products/eulas/pdfs/Reader_Player_AIR_WWEULA-Combined-20080204_1313.pdf)
does not appear to include language about reverse engineering in
relation to creation of "similar" or "competing" projects. The section
about reverse engineering reads:

"3.4 No Modification or Reverse Engineering. You may not modify,
adapt, translate or create derivative works based upon the Software.
You will not reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software except to the
extent you may be expressly permitted to reverse engineer or decompile
under applicable law."

If the language about "creating similar software" has been removed
from the license, does that mean that there is less of a barrier for
people who have installed the Flash Player client to participate in
Gnash development?

My understanding of laws concerning reverse engineering is limited.
Could hacking on the Gnash codebase be somehow construed as a
"derivative work" if you have the Flash Player installed? Could
actions such as documenting what output the Flash Player gives based
on certain inputs be judged to be (legally unprotected) reverse
engineering?


Thanks,
--Robinson