
Gamers Want DMCA Exemption for ‘Abandoned’ Online Games - duramato
https://torrentfreak.com/gamers-want-dmca-exemption-for-abandoned-online-games-171221/
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chrisdbaldwin
I think including abandoned server code is odd, and I'm for it. I think we
should start curating more public libraries with games in general, but that's
going to be very difficult to do publicly (i.e. in a government library) in
today's current online landscape. Between walled garden platforms and API
integrations to centralized corporate servers, it seems unlikely that many of
today's games will survive in their current state for long. More than ever,
games frequently update becoming a different game or die to competition. It'd
be rewarding to be able to spin up or join a local [Flavor] World of Warcraft
server without getting shut down or told to wait for Blizzard to do it because
that specific version of software was abandoned at some point. If it became
public domain then, it would be available to the public to operate as we
please.

I really just look at situations like Halo 2 and think that there's got to be
a way to put server code into the public domain so that if someone wants to
"rent" Halo 2 server code from the Library so that they can play online on the
original hardware and everything, that'd be really cool, and experiences would
be able to be shared across generations like books, films, and other forms of
art.

In the wild, it seems permanent shut down of an online service is equivalent
to forfeiting server code for the dead game over to whomever can acquire it,
either for sale, or often times theft in form of sharing among the most
hardcore followers. This up-for-grabs situation is a symptom of the problem,
and shouldn't be the main focus, but it is worth noting because it can affect
Copyright/IP protection. If the company behind the game doesn't want to
continue supporting a version of their online game, there needs to be a way to
gracefully donate said deprecated version without losing underlying IP rights.
It's donated and falls into public domain for operation under some relatively
clear license a la books in a library. That'd be cool.

~~~
Thlom
In many countries you are obligated to "donate" one copy of any published and
distributed work to the national library. That includes music, film, radio,
tv, books, papers, pamphlets, websites etc. Depending on how the law is
written this might also include games in playable form, so online games would
require a copy of the server application as well as the client. If not games
should be included asap.

Making these archives available for the general public might be difficult, but
librarians are creative and many already have experience in making games
available to the public. It's manageable.

~~~
azernik
This is true in the US, though the process is tied to copyright - any
copyrighted work (including software) distributed in the US needs to be
deposited with the Library of Congress.

I think the most difficult issue with distributing these to the general public
would be classifying abandoned vs. maintained copyrighted works.

~~~
whiddershins
Citation? I have never heard of this requirement, and if asked I would say it
is completely false.

~~~
lsc
[http://www.loc.gov/teachers/copyrightmystery/text/steps/](http://www.loc.gov/teachers/copyrightmystery/text/steps/)

Note, this is just to _register_ your copyright. My understanding is that you
still own the copyright if you don't register, but it's weaker in many ways,
so when people expect there to be money involved, they usually register the
copyright.

In practice, my understanding is that if it's distributed by a serious
company, it's usually a registered copyright, and so the library of congress
gets a copy.

~~~
azernik
Mandatory deposit applies regardless of registration; it's just that
registration requires sending a copy, which satisfies the mandatory deposit
rules.

At the Copyright Office FAQ
([https://www.copyright.gov/help/faq/mandatory_deposit.html](https://www.copyright.gov/help/faq/mandatory_deposit.html))

"Mandatory deposit (17 U.S.C. section 407) requires the owner of copyright or
the exclusive right of distribution to deposit in the Copyright Office for the
use of the Library of Congress two complete copies of the best edition within
3 months after a work is published. Section 408 of the copyright law, for a
fee, provides the option to formally register the work with the U.S. Copyright
Office. This registration process provides a legal record of copyright
ownership as well as additional legal benefits in cases of infringement.
Optional registration fulfills mandatory deposit requirements."

Then later:

"Yes. Under certain circumstances, special relief from deposit requirements
may be granted. The grant of special relief is discretionary with the U.S.
Copyright Office and will depend on a careful balance of the acquisition
policies of the Library of Congress, the examining requirements of the
Copyright Office ( _if registration is sought_ ), and the hardship to the
copyright owner."

Note that "if registration is sought" \- even if you're not registering, you
still need to apply for an exemption.

~~~
lsc
[https://www.law.cornell.edu/uscode/text/17/407](https://www.law.cornell.edu/uscode/text/17/407)

"Neither the deposit requirements of this subsection nor the acquisition
provisions of subsection (e) are conditions of copyright protection."

Which is to say, of course, that you are right, however _you don 't lose
copyright protection_ if you don't comply. - it looks like there are no
penalties until they ask you for a copy.

This lines up with my understanding that if you are serious business, the LOC
gets a copy. If not? it doesn't really matter, and if you _become_ a big deal
later, well, following the rules helps you establish provenance, but isn't
required for protection.

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exabrial
Or let's just get rid of the DMCA altogether...

~~~
beedogs
This is a much more elegant solution. We should also get rid of the CCFA.

~~~
mattashii
I think you meant CFAA (Computer Fraud and Abusement Act) instead of CCFA
(Crohn's & Colitis Foundation of America,
[https://en.wikipedia.org/wiki/CCFA](https://en.wikipedia.org/wiki/CCFA))

Non-profit foundations for research on rare diseases are not something I would
compare to copyright legislation.

~~~
jameskegel
You know that isn't what he meant.

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Chardok
With data rot beginning to creep up on old media this will certainly become an
increasingly larger problem. [https://kotaku.com/why-some-video-games-are-in-
danger-of-dis...](https://kotaku.com/why-some-video-games-are-in-danger-of-
disappearing-fore-1789609791)

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ybrah
It would increase competition for current games; therefore publishers will not
allow it.

~~~
justinhj
Exactly. Allowing people to play older games for free has a positive effect of
keeping interest in your brand alive but at the same time you’re losing
potentially paying customers that are just as happy playing the free 10 year
old game

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bunkydoo
If such a rule were to pass, it would be cool to see something done for older
ROMs. So many games have the potential to go unplayed and become forgotten
relics

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pmarreck
This is sort of like the lover of an old book whose author has stopped
reprinting it wanting to preserve the book for themselves.

~~~
maxton
I think a better comparison would be the lover of an old e-book whose
publisher has shut down their DRM validation servers wanting to be able to
read the book again in the future.

~~~
ghaff
The thing with Abandonware/orphan works legislation is that a lot of the
people most opposed to it aren't those you would think. Disney doesn't care
that much. Their lawyers aren't going to forget to renew a copyright. Rather,
it's various professional societies representing photographer, authors, etc.
who figure that the individual creator or their estate will let copyright
lapse through inaction and big media will come in and snatch up their work at
no cost.

I'm definitely on board with copyright terms being too long and, in most
cases, "abandonware" doesn't have a lot of value for the original creator
anyway, but abandonware isn't primarily a big corp issue.

~~~
taneq
Interesting take on it, I hadn't thought of that angle. Maybe they could add
some kind of non-commercial use clause (if they haven't already) to cover this
case? ie. you can't swoop in and commercialize some indie preservation effort
but you can host it and supply to others free of charge (or for the 'cost of
distribution')?

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solresol
This exception to the DMCA for all software where the copyright owner can't be
contacted was negotiated for Australia as part of the Australia-USA free trade
agreement. It allows for breaking encryption and anything that is required to
get it to run.

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adrianm
Wasn't this addressed a couple of years ago? [1]

[1] [http://www.wired.co.uk/article/dmca-game-preservation-
exempt...](http://www.wired.co.uk/article/dmca-game-preservation-exemptions-
abandoned-games)

~~~
vitovito
Exemptions are temporary and must be reasserted every three years.

~~~
adrianm
Thank you!

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cabaalis
If the older game did not employ any kind of encryption of the data stream,
isn't it open season to reverse engineer? So many of these are shut down by
trademark licensing and artwork copyrights?

~~~
JonnyNova
This happened with Star Wars Galaxies. Two projects:

[https://www.swgemu.com/](https://www.swgemu.com/)

[https://www.projectswg.com/](https://www.projectswg.com/)

~~~
djsumdog
And bnetd for an open BattleNet server:

[https://en.wikipedia.org/wiki/Bnetd](https://en.wikipedia.org/wiki/Bnetd)

~~~
katastic
Except they were sued, and Blizzard won.

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Feniks
Yeah this would be nice. Its easy enough to pirate a 20 year old single player
game. Nobody cares really.

But online projects DO attract attention of lawyers.

But this is never going to happen.

