Comment by odomus
8 months ago
Is defeating a 40-year-old copy protection mechanism still illegal under Section 1201 of the DMCA, or have they changed the law to make an exception for "very old" software?
8 months ago
Is defeating a 40-year-old copy protection mechanism still illegal under Section 1201 of the DMCA, or have they changed the law to make an exception for "very old" software?
The Internet Archive has a DMCA exemption. <https://en.wikipedia.org/wiki/Internet_Archive#Software>
There are more general exemptions, including dongle-based software. <https://en.wikipedia.org/wiki/Video_game_preservation#Legal_...>
BTW, in the European Union, reverse-engineering is perfectly legal, if it is done to ensure compatibility with the current tech.
I cannot cite the reliable sources for it, though.
Once it hits 70 years from the lifetime of the author (so probably another 80 or 90 years from now) and is in public domain, that might change things since there will no longer be copyright being protected.
In terms of copyright terms, this software is still pretty young, not even halfway to public domain. It's disrespectful to call it "very old".
Defeating a copy protection measure is illegal, even if the copy protection measure is not copyrighted.
I'm not talking about the copy protection, but the software being protected.
Surely if the work being protected isn't copyrighted, there's nothing to circumvent in terms of the DMCA?
2 replies →
It's illegal.
https://eur-lex.europa.eu/eli/dir/2009/24/oj/eng
Directive 2009/24/EC, Article 5 + Article 6
Under special circumstances it's legal within the EU do do this.
And removing a freaking old copy protection dongle to allow emulation of the software you legally are allowed to use falls under this.