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This exemption was renewed in 2006, 2010, 2012, and 2015. A new exemption was made for "Computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access." This exemption was renewed in 2006 but not in 2010. 2006 rulemaking
Open-source software to decrypt content scrambled with the Content Scrambling System presents an intractable problem with the application of this law. Because the decryption is necessary to achieve interoperability of open source operating systems with proprietary operating systems, the circumvention is protected by the Act.
However, the DMCA has been problematic for those in video game preservation that wish to store older games on more permanent and modern systems. As part of the DMCA, the Library of Congress adds various exemptions which have included the use of anti-circumvention for museum archival purposes, for example. [22]
Video game preservation is a form of preservation applied to the video game industry that includes, but is not limited to, digital preservation.Such preservation efforts include archiving development source code and art assets, digital copies of video games, emulation of video game hardware, maintenance and preservation of specialized video game hardware such as arcade games and video game ...
The exemption was renewed in 2006, and as of 27 October 2009, has been indefinitely extended pending further rulemakings. [33] The Archive does not offer this software for download, as the exemption is solely "for the purpose of preservation or archival reproduction of published digital works by a library or archive."
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