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Many "illegal" roms are now legit

jollyrancher

New member
http://www.gamepro.com/gamepro/domestic/games/news/31559.shtml

Or to cut and paste,

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.
 

RJARRRPCGP

The Rocking PC Wiz
This news is majorly good news, for a change. :)

That now means I'm even less likely to worry about getting in legal trouble for having NES ROMs on my HDD. :) :D :cool:
 
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jollyrancher

New member
Here's the official statement from the U.S. Copyright Office. The important remark is that the games/roms are legal "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." So I'm guessing that the majority of pre-1995 consoles/games are included in this description. Take SNES/Genesis games... they're not manufactured and they're really only available on Ebay or something.

http://www.copyright.gov/1201/
 

Quvack

Member
snes and genesis games are still relatively easy to get, nes is getting difficult to find carts which work properly though, same with the console itself.

Interesting news regardless, will be interesting to see what comes of this.
 
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jollyrancher

New member
In layman's terms the way I read this is that if you're a company and you stop manufacturing a gaming system and you sell off the inventory of remaining systems, then the software for that system is no longer covered under the Digital Millenium Act... i.e. they can't proscecute you anymore like they can for people who download MP3s and other non-exempted digital media.
 

pandamoan

Banned
man this is good news. it's about time a part of the government did something like this that is the lest bit rational.

victimless crimes should just plain not be crimes.

/me opens up fce ultra......
 

Hexidecimal

Emutalk Bounty Hunter.
"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."

Still good news.
 
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jollyrancher

New member
Yeah, it only seems to apply to copy protections on obsolete medium like 5 1/2 discs. Well Gamepro really goofed on that one. I don't think they're retracted it yet either... it was Gamespot that clarified the confusion.
 
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pandamoan

Banned
jollyrancher said:
Yeah, it only seems to apply to copy protections on obsolete medium like 5 1/2 discs. Well Gamepro really goofed on that one. I don't think they're retracted it yet either... it was Gamespot that clarified the confusion.

i think ANYTHING that can't be bought should be legal to trade or copy or whatever.

it's called economics.

of course, i think i'm just stating the obvious.

:look:
 

smegforbrain

New member
pandamoan said:
i think ANYTHING that can't be bought should be legal to trade or copy or whatever.

it's called economics.

of course, i think i'm just stating the obvious.

:look:

I'd like to see the logic behind the "economics" comment.

I mean, there really isn't any economics involved at all in something that isn't making money anyways.

But, as I've stated elsewhere, Nintendo and other companies still have a vested interest in older console games, even older pc games.

All in all, I agree - if a company does not take something in an older format and update for a newer format (cassette -> cd, vhs -> dvd, etc), then it should be free pickings.
The problem therein, as I state above, is that companies can return to this material later.
 

Doomulation

?????????????????????????
Bah to them...how are one supposed to get these old games when the consoles are no longer manufactured do they think? That law is stupid. It's nothing much more than a new law that changes nothing -_- ...
 

scotty

The Great One
Doomulation said:
Bah to them...how are one supposed to get these old games when the consoles are no longer manufactured do they think? That law is stupid. It's nothing much more than a new law that changes nothing -_- ...

I second to that, if you cant get the frickin' thing, then you should be able to get it cheaper or for free online. That will never happen, as copyright laws are what they are, and thats what is used
 

Doomulation

?????????????????????????
scotty said:
I second to that, if you cant get the frickin' thing, then you should be able to get it cheaper or for free online.
My point. But the law still holds it illegal to get 'em like that. So what good is that law they just made?
 

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