Re: [SWCollect] Copyright confusion clarified

2003-11-02 Thread Jim Leonard
Disclaimer:  IANAL.  But my father-in-law is.

Dan Chisarick wrote:

Good article.  Grey areas I'd have to wonder about:

- I'm a non-technical user who wants to backup my Commodore 64 copy of 
M.U.L.E.  According to this I have a legal right to do so.  However, I'm 
technically incapable of doing so on my own.  This law says I have a 
right, but is it legal for (Joe Hacker) to publish information on how to 
accomplish this (so that I can make my legal backup)?
No.  It is still unfortunately illegal to *publish* hacking info.  But you are 
free to investigate it yourself (as long as you don't publish :)

- Nearly all schemes to defeat copy protection require some degree of 
reverse engineering.  For some sufficiently integrated copy protection 
schemes, just who decides how much I can reverse engineer the code in 
order to accomplish this?
Actually, this is the best part:  It is now an official exemption.  This means 
you are exempt from the wrath of the DMCA if you are caught 
reverse-engineering something you own because no known software or hardware 
currently exist to use the product in its original form.  What this means to 
the layman game player is that you are free to investigate copying, modifying, 
or otherwise reverse-engineering your games if you no longer own a computer 
that can play them.

- Say that someone decided to release a fully-functional Atari 2600 
reissue console to the marketplace (or even re-issue the games 
themselves).  If we previously had the right to archive 2600 titles, 
would re-issuance then revoke the right we just had?  (Probably).
Actually, no.  You still/always have the right to archive any titles you have 
bought.  It is irrelevant if those titles are re-issued; you still own 
first-issue items, and have the right to archive those items.

Like most legal issues, I'd suspect whoever has more money is right.
Amen.
--
Jim Leonard ([EMAIL PROTECTED])http://www.oldskool.org/
Want to help an ambitious games project? http://www.mobygames.com/
Or check out some trippy MindCandy at http://www.mindcandydvd.com/
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Re: [SWCollect] Copyright confusion clarified

2003-11-01 Thread Dan Chisarick
Good article.  Grey areas I'd have to wonder about:

- I'm a non-technical user who wants to backup my Commodore 64 copy of 
M.U.L.E.  According to this I have a legal right to do so.  However, 
I'm technically incapable of doing so on my own.  This law says I have 
a right, but is it legal for (Joe Hacker) to publish information on how 
to accomplish this (so that I can make my legal backup)?

- Nearly all schemes to defeat copy protection require some degree of 
reverse engineering.  For some sufficiently integrated copy protection 
schemes, just who decides how much I can reverse engineer the code in 
order to accomplish this?

- Say that someone decided to release a fully-functional Atari 2600 
reissue console to the marketplace (or even re-issue the games 
themselves).  If we previously had the right to archive 2600 titles, 
would re-issuance then revoke the right we just had?  (Probably).

Like most legal issues, I'd suspect whoever has more money is right.



On Oct 31, 2003, at 11:37 PM, Hugh Falk wrote:

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[SWCollect] Copyright confusion clarified

2003-10-31 Thread Hugh Falk


I thought this was pertinent to the group:



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."


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