Re:Early Macintosh Emulation Comes to the Archive
by comex on Sunday April 16, 2017 @05:43PM
(#14127701)
DMCA exemptions are for the additional restrictions imposed by the DMCA on circumventing "access controls", i.e. DRM, even for otherwise noninfringing purposes. This is separate from plain old copyright infringement, i.e. making/distributing copies without permission: that has certain exemptions baked into the law, including fair use, but isn't subject to the periodic Library of Congress rulemaking.
In this case, archive.org is distributing copies of the software to everyone's browser, and I don't think there's any plausible case that it's fair use or that any of the other exemptions apply. I'd expect it to count as infringing in most non-US jurisdictions as well, though probably not all.
In practice, though, even if Apple decides to do something about this (unlikely), they'll probably just send a takedown notice rather than actually sue the Internet Archive. I'd call it a calculated risk on the Archive's part.
In this case, archive.org is distributing copies of the software to everyone's browser, and I don't think there's any plausible case that it's fair use or that any of the other exemptions apply. I'd expect it to count as infringing in most non-US jurisdictions as well, though probably not all.
In practice, though, even if Apple decides to do something about this (unlikely), they'll probably just send a takedown notice rather than actually sue the Internet Archive. I'd call it a calculated risk on the Archive's part.