[game_preservation] More good news re: DMCA

[Andrew Armstrong]

  Henry,

I read the main guts of it on Ars, I thought about posting it but it 
seemed like there wasn't much videogame related stuff - not like there 
was explicitly previously at least. I won't say the UK situation is any 
better, our copyright laws right now don't allow us to legally rip CD's 
yet...mmm.

http://arstechnica.com/tech-policy/news/2010/07/apple-loses-big-in-drm-ruling-jailbreaks-are-fair-use.ars

It's good news though if you think it applies to videogames; should we 
put something more permanent on the wiki about this? It'd be at least 
worth noting for posterity and also commenting on how absurd the 
situation is.

Andrew

On 04/08/2010 17:35, Henry Lowood wrote:

> All (sending to both NDIIPP and IGDA groups):

>

> I just checked the Copyright Office's announcement, and it includes 

> two other relevant exemptions:

>

> source: http://www.copyright.gov/1201/

>

> exemptions 4 and 5 are relevant to game preservation, though not big 

> winners -- they open up some interesting doors. Depending on how 

> "dongle" is definied, 5 could actually be quite helpful (similar 

> language was in the old videogame exemption that expired). Also, and 

> this is a stretch, I wonder if 4 might be a way to copy MMO 

> server-side software, in that you would have to address the user 

> authentication system?  To be honest, I'm not sure what a use case for 

> that exemption would be. Any ideas?

>

> text:

>

> The Librarian of Congress has announced the classes of works subject 

> to the exemption from the prohibition against circumvention of 

> technological measures that control access to copyrighted works. 

> Persons making noninfringing uses of the following six classes of 

> works will not be subject to the prohibition against circumventing 

> access controls (17 U.S.C. § 1201(a)(1)) until the conclusion of the 

> next rulemaking.

>

> (1) Motion pictures on DVDs that are lawfully made and acquired and 

> that are protected by the Content Scrambling System when circumvention 

> is accomplished solely in order to accomplish the incorporation of 

> short portions of motion pictures into new works for the purpose of 

> criticism or comment, and where the person engaging in circumvention 

> believes and has reasonable grounds for believing that circumvention 

> is necessary to fulfill the purpose of the use in the following instances:

>

>     (i)  Educational uses by college and university professors and by

>     college and university film and media studies students;

>     (ii) Documentary filmmaking;

>     (iii) Noncommercial videos.

>

> (2) Computer programs that enable wireless telephone handsets to 

> execute software applications, where circumvention is accomplished for 

> the sole purpose of enabling interoperability of such applications, 

> when they have been lawfully obtained, with computer programs on the 

> telephone handset.

>

> (3) Computer programs, in the form of firmware or software, that 

> enable used wireless telephone handsets to connect to a wireless 

> telecommunications network, when circumvention is initiated by the 

> owner of the copy of the computer program solely in order to connect 

> to a wireless telecommunications network and access to the network is 

> authorized by the operator of the network.

>

> /(4) Video games accessible on personal computers and protected by 

> technological protection measures that control access to lawfully 

> obtained works, when circumvention is accomplished solely for the 

> purpose of good faith testing for, investigating, or correcting 

> security flaws or vulnerabilities, if:/

>

>     /(i)  The information derived from the security testing is used

>     primarily to promote the security of the owner or operator of a

>     computer, computer system, or computer network; and

>     (ii) The information derived from the security testing is used or

>     maintained in a manner that does not facilitate copyright

>     infringement or a violation of applicable law./

>

> /(5) Computer programs protected by dongles that prevent access due to 

> malfunction or damage and which are obsolete.  A dongle shall be 

> considered obsolete if it is no longer manufactured or if a 

> replacement or repair is no longer reasonably available in the 

> commercial marketplace; and/

>

> (6) Literary works distributed in ebook format when all existing ebook 

> editions of the work (including digital text editions made available 

> by authorized entities) contain access controls that prevent the 

> enabling either of the book's read-aloud function or of screen readers 

> that render the text into a specialized format.

>

>

> -- 

> Henry Lowood

> Curator for History of Science&  Technology Collections;

>    Film&  Media Collections

> HRG, Green Library, 557 Escondido Mall

> Stanford University Libraries, Stanford CA 94305-6004

> 650-723-4602;lowood at stanford.edu;http://www.stanford.edu/~lowood

>

>

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