

Internet Archive Gets DMCA Exemption To Help Archive Vintage Software (2003) - tosh
https://archive.org/about/dmca.php

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dublinben
This should have a (2003) on the title. This exemption expired three years
later, and does not appear to still be in effect.

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dang
Added. Thanks.

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twiss
Apparently the discussed proceeding is open for comments right now [1]. Among
the proposed exemption classes are unlocking abandoned software, unlocking
customer devices, and security research.

[1]: [http://www.copyright.gov/1201/](http://www.copyright.gov/1201/)

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brownbat
They break everything down into subcategories, rather than just providing an
entry for "exempt all circumventions that are pursued exclusively to allow
fair uses (or otherwise legal copying)."

Petition number one, for example, from Eldridge Alexander, asked for this:
[http://copyright.gov/1201/2014/petitions/Alexander_Eldridge_...](http://copyright.gov/1201/2014/petitions/Alexander_Eldridge_1201_Initial_Submission_2014.pdf)

The Copyright office's NPRM claims that it can only exempt narrow classes of
works, rather than "all works in all media."

[http://copyright.gov/fedreg/2014/79fr73856.pdf](http://copyright.gov/fedreg/2014/79fr73856.pdf)

They claim, "Sorry, we'd love to exempt all legal uses, but our hands are tied
here... just look at all this legislative history..."

Let's set aside the dismissive straw man that these requests as asking for
exemption to everything. Let's set aside the whether legislative history
should be considered binding on a regulatory agency. I'm most frustrated that,
once given a list of over twenty narrow classes of technologies, often raising
fair use considerations, they proceed to exempt maybe three or six and ignore
the rest.

According to Sec. 1201, the Librarian shall publish _any_ class of copyrighted
works for which the Librarian has determined, pursuant to the rulemaking
conducted under subparagraph (C), that _noninfringing uses by persons who are
users of a copyrighted work are, or are likely to be, adversely affected._

Sec. 1201, correctly applied, should ensure that ALL noninfringing uses are
protected.

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akerl_
Can we change the title of this to accurately reflect the linked post?

The current title of "Archive.org DMCA" makes it sound like the site received
a DMCA takedown notice. I hope it's not intentionally clickbaity, but that's
what it feels like to me.

The actual article title of "Internet Archive Gets DMCA Exemption To Help
Archive Vintage Software" seems much more accurate.

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mtmail
The submission was likely related to the 'Ask HN: How can archive.org release
2,500 free DOS browser games (Dune, Oregon Trail)?' at
[https://news.ycombinator.com/item?id=8848144](https://news.ycombinator.com/item?id=8848144)

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eli
Well then this is NOT the right answer. This exemption expired and was not
renewed.

