Re:Copyright Office Adds DMCA Exemption for 'Abandoned' Onli...
by rtkwe on Monday October 29, 2018 @10:19AM
(#18327716)
The exemption is very limited:
>Permitting access to the video game to allow copying and modification of the computer program to restore access to the game on a personal computer or video game console when necessary to allow preservation of the game in a playable form by an eligible library, archives, or museum, where such activities are carried out without any purpose of direct or indirect commercial advantage and the video game is not distributed or made available outside of the physical premises of the eligible library, archives, or museum.
This is only for non-profit museums etc. so third party servers are still not legally allowed. It's a big step in the right direction and I think it's a good sign that one day we might get an exemption that allows third party servers for home play but it's not there quite yet. It also requires a statement saying the owner is abandoning support and it remains to be seen if the standard "we're shutting down all the servers required to play this game" will count legally or not.
>Permitting access to the video game to allow copying and modification of the computer program to restore access to the game on a personal computer or video game console when necessary to allow preservation of the game in a playable form by an eligible library, archives, or museum, where such activities are carried out without any purpose of direct or indirect commercial advantage and the video game is not distributed or made available outside of the physical premises of the eligible library, archives, or museum.
This is only for non-profit museums etc. so third party servers are still not legally allowed. It's a big step in the right direction and I think it's a good sign that one day we might get an exemption that allows third party servers for home play but it's not there quite yet. It also requires a statement saying the owner is abandoning support and it remains to be seen if the standard "we're shutting down all the servers required to play this game" will count legally or not.
[0] https://s3.amazonaws.com/public-inspection.federalregister.g... pg 59