中圖分類號：D923.41文獻標志碼：ADOI:10.19358/j.issn.2097-1788.2026.07.009
中文引用格式：陳蘇漣，陳聆博.軟件反向工程的技術措施例外研究［J］.網絡安全與數據治理，2026，45（7）：62-70.
英文引用格式：Chen Sulian，Chen Lingbo. Research on the exception of technological measures for software reverse engineering［J］.Cyber Security and Data Governance，2026，45（7）：62-70.

Research on the exception of technological measures for software reverse engineering

Abstract： The new Copyright Law incorporates the exception for technological measures, which previously existed only in the Regulation on the Protection of the Right to Information Network Dissemination, and adds an exception for software reverse engineering. This indicates that legislators have explicitly recognized the legality of software reverse engineering and adopted an encouraging attitude towards it. As an important auxiliary means to promote forward research and development and foster technological innovation, software reverse engineering should be permitted by law. However, further improvements to the relevant provisions are necessary. The definition and implementation conditions of software reverse engineering should be clarified, and it should be incorporated into the statutory circumstances of fair use, complementing the exception for technological measures. Additionally, it is essential to explicitly invalidate antireverse engineering clauses in the Copyright Law or related regulations to prevent software rights holders from using contractual terms to bypass the mandatory provisions of the Copyright Law, which could lead to the reduction of the public domain and the erosion of public interests. Regarding specific detailed provisions, China′s national conditions and the actual situation of technological development should be considered. Rather than copying the experiences of developed countries in Europe and America, the applicable conditions for exceptions to technological measures should be appropriately relaxed within a certain scope.

Key words : reverse engineering; technological measures; fair use; balance of interests