Obsolete Video Games Now Legal to Own

ApostolicFire · 11-01-03, 08:14 AM

Edit from original post (i found this right after i first posted and can't delete the thread)
Copyright confusion clarified

Recent Library of Congress exemption allows hacking "obsolete" titles for back-ups only, nothing more.

A recent ruling by the Library of Congress' Copyright Office has left some gamers with the impression they can legally copy and share old-school games.

If only it were so.

On Tuesday, the LOC did grant an exemption from the dreaded 1998 Digital Millenium Copyright Act (DMCA) for "accessing computer programs and video games distributed in obsolete formats." The ruling defines "obsolete" as: "A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace."

Many took this as a governmental green light to start burning and sharing CD-ROMs of all their favorite classic arcade and console games. However, a careful read of the ruling reveals it only applies to cracking the copy protection of older, "obsolete" games, and nothing else.

Under the Fair Use laws, that means you can make one--and only one--backup copy of games you already own. Downloading or sharing copies of the game over the Web remains illegal. "You can't distribute it today any more than you could yesterday," said one industry veteran who studied the ruling. "Basically, the only people this really effects are emulator authors; they're free to hack obsolete systems as much as they want without fear of being DMCA'ed."

By Tor Thorsen, GameSpot [POSTED: 10/31/03 05:10 PM]

This is from: http://www.gamepro.com/gamepro/domes...ws/31559.shtml

Obsolete Video Games Now Legal to Own

News by: Aki Sugawara
31-OCT-03
The Library of Congress has recently granted copyright exemptions in the Digital Millenium Act to obsolete games. The exemption applies to games that require the original hardware as a condition of access, and if the game is “no longer manufactured or reasonably available in the commercial marketplace.” This means that old, unsupported PC, console and arcade games will now be legal to own (so your illegal copy of Mame roms are now legit). The only muddy side is if publishers consider their old games to be “reasonably available” and plan to release classic games as bundles or bonuses, then the copyright protection still stands.

The Digital Millenium Copyright Act, or DMCA was passed on October 12, 1998 to address piracy and copyright concerns specifically pertaining to software and the internet properties. Some of the notable provisions included the outlawed circumvention of anti-piracy laws and distrubition or sale of code-cracking devices. Brewster Kahle from the non-profit company Internet Archive petitioned the US Copyright office, and to the delightful surprise of many, the petition was approved.

While game companies will undoubtedly cling on to as many of the old games as they can, many of the older unsupported titles are now free game. Those who have been downloading such games can now keep them in their hard drives with a clear conscience.

11-02-03, 03:20 PM

Thanks for the information. The whole situation is really jacked up. You almost have to have a law degree to understand what's going on!

tgreenstein · 11-02-03, 03:38 PM

Quote:

Originally posted by cherdman
You almost have to have a law degree to understand what's going on!

You don't need a law degree to understand copyright law. When in doubt, if you didn't pay for it you shouldn't have it.

Jwilker · 11-02-03, 05:16 PM

It doesn't sound that clear any more. Seems like there are quite a few limitations even on owners or a thing.

11-03-03, 02:01 AM

Quote:

Originally posted by tgreenstein
You don't need a law degree to understand copyright law. When in doubt, if you didn't pay for it you shouldn't have it.

You are truly wise. Without your pithy statement I might still be wandering in ignorance.

The DMCA is complex and open to much interpretation. As a software developer I am both elated at certain aspects of the law and frightened. Copyright laws in the digital world are not so simple. :p

tgreenstein · 11-03-03, 06:55 AM

Quote:

Originally posted by cherdman
You are truly wise. Without your pithy statement I might still be wandering in ignorance.

I am always happy to bring enlightenment to those who need it.

11-03-03, 06:50 PM

im not 100% sure what that means... does it mean that any games that are no longer being sold by the company can now be legally copyed without purchasing it? and now i can backup my snes,nes games and share them with my friends who did not purchase them? what about playstation CDs, if they are not being sold does that mean i can just buy a playstation off ebay and download all the games off the internet and burn them(without purchasing of course)????

desiv · 11-15-03, 02:06 PM

What it means is that you can legally do whatever you need to do to make a BACK-UP copy of a game you already own. You won't be violating the DMCA if you make a backup copy of a game you already own if it mathces these parameters.

But it doesn't say you can then share it with everyone.

Of course, this is just 1 document. There are LOTS that pertain to this, and the DMCA hasn't really been tested too well in court yet.

desiv

I suppose the Quartex guys from the C64 era or Bamiga Sector One from the Amiga days can breathe a sigh of relief now. :-)
(Now that I think about it, I think Quartex might have been an Amiga group too? Been too long.. :-) )

RanmaKun · 11-19-03, 03:21 PM

So mame roms are LEGAL now?!!

aximluvah · 11-19-03, 04:18 PM

What it really is, is a de-criminilization of ROM's. The way it reads there are multiple interpretations floating around. If it is this convulted, then the chances of an enforcement becomes slim since no one is sure what the rules even are. If you were into this stuff, I doubt any company would be able to adequately prosecute you.

Aximluvah (who can't stand the DCMA, and will not go to any lengths to violate it)

desiv · 11-19-03, 09:55 PM

Quote:

Originally posted by RanmaKun
So mame roms are LEGAL now?!!

No, what I said was:
What it means is that you can legally do whatever you need to do to make a BACK-UP copy of a game you already own. You won't be violating the DMCA if you make a backup copy of a game you already own if it mathces these parameters.

But it doesn't say you can then share it with everyone.

So, in short.. NO..

:crooked:

desiv