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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]
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]
An access-control measure limits access to the contents of the protected work, for example by encryption. A copy-control measure only limits the ability of a user to copy the work. Though the act makes it illegal to distribute technology to circumvent either type of copy protection, only the action of circumventing access-control measures is ...
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 ...
Section 3 also amends the DMCA to add exceptions for six types of circumvention. Circumvention by libraries and archives, to skip objectionable content, to transmit over a personal network, to gain access to public domain works, for public interest work and research, and for preservation are added as a new set of exceptions. [13]
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]
The Uplay system works by having the installed game on the local PCs incomplete and then continuously downloading parts of the game code from Ubisoft's servers as the game progresses. [68] It was more than a month after the PC release in the first week of April that software was released that could bypass Ubisoft's DRM in Assassin's Creed II .
Id Software and 3D Realms are early proponents in this practice, releasing the source code for the game engines of some older titles under a free software license (but not the actual game content, such as levels or textures).