Comment by modeless
1 day ago
Fair use is already pretty good, but we shouldn't need to rely on it to preserve older games. The reform we need is a dramatically shorter term for copyrights. All older games should be completely out of copyright.
1 day ago
Fair use is already pretty good, but we shouldn't need to rely on it to preserve older games. The reform we need is a dramatically shorter term for copyrights. All older games should be completely out of copyright.
I'd add better handling of copy-protected titles as well. If a game wants the benefit of copyright, they need to make a version of it without DRM available in escrow (held by some entity like the Library of Congress) for when the copyright expires.
One of the big issues with DRM is that it's not legal in the US to break the digital lock even if the work is in the public domain, so that needs to be accounted for as well.
>One of the big issues with DRM is that it's not legal in the US to break the digital lock
My understanding is that the Library of Congress has the authority to designate situations in which it is legal to remove DRM on electronic copies of books you have purchased, such as to run it through a TTS program for those that are visually impaired. Does this not apply to other art mediums?
People can just break the law though
…then the law has no respect, which is a problem.
1 reply →
I wish, but shortening existing copyright terms would be legally very thorny. It would run into Takings Clause challenges and violate treaties the US has signed.
If the government banned fracking it wouldn't need to compensate owners of oil rich land when it becomes worthless. Devaluing property is not the same as taking it.
And the legal basis is completely different, copyrights are created as an artificial right in the Copyright Clause, given for a limited time and purpose. They are not property in the traditional sense and Congress has absolute power over them.
> violate treaties the US has signed.
not that has stopped the US doing something.
The fact is, copyright extensions have served corporate interests well and is likely to continue to get extended even more, and more draconian, given how many decompilation and recomps have been done recently.
Yes, obviously, that's why terms have been extended so far. My point is that, for the same reason, existing legal structures make this much harder to undo than to do.
All the relevant treaty clauses were strong-armed into those treaties by the US - no other country gives a shit about DMCA 1201 except insofar as the US forced them to.
Oh don’t worry. If the US can bail on the treaty signed with Ukraine and repeatedly threaten to not honor NATO commitments, then this is small-fry stuff.
> It would run into Takings Clause challenges
The incumbents would probably file lawsuits, but would they win?
If Congress can set copyright terms retroactively, why can't they set copyright terms retroactively?
What happens if they do the thing where you have to file for a renewal every year and the first 14 years are free and automatic, but then the renewal fee starts at $1000 and doubles for every year over 14?
> violate treaties the US has signed.
This is just an excuse the industry uses after bribing their way into some documents that can be renegotiated at any time. The US has been the ones pushing for this nonsense to begin with, so if they stopped, most other countries would be happy to enter into a different treaty. And the remaining ones would be the ones with the most to lose if they were the only ones to not sign onto the new agreement at the point when the US and most others pull out of the corrupt one.
Then get rid of the treaty.
This administration would just say that it is in the national security interest of the US to do the thing. Judges are wary to restrict the POTUS prerogatives relating to national defense, so they won't challenge it.
It's the dumbest and most obvious weakness of our system of government and it will never be fixed.