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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]
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. In 2006, the Office made the following rules: [10]
It is often called DMCA anti-circumvention provisions. It restricts the ability to make, sell, or distribute devices which circumvent digital restrictions management systems, adding Chapter 12 (sections 1201 through 1205 ) to US copyright law.
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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 ...
Educational compilations for college film and media courses [14] were exempt by the Librarian of Congress under Section 1201 of the DMCA, but that exemption was set to expire in 2009. Section(I) not only made the exemption permanent, it expanded the exemption to apply to compilations for coursework at all grade levels, in any subject area.
Starting around 2006, The Library of Congress began the long-time preservation of video games with the Game canon list. [ 41 ] [ 42 ] In September 2012 the collection had nearly 3,000 games from many platforms and also around 1,500 strategy guides.
In 2021, Nintendo of America's legal team issued a mass DMCA takedown of 379 games removed out from Game Jolt. Many of the games' developers and fans have been taken it by surprise, although Nintendo's mention of advertisement revenue being used on the games' page made the reasoning behind the takedowns. [38]