[game_preservation] More good news re: DMCA

[Henry Lowood]

Andrew,

That was my first impression, but the more you dig, the more there is, 
esp. in the security-related exemption.

Henry

On 8/4/2010 10:14 AM, Andrew Armstrong wrote:

> 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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>>      


-- 
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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