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Re:Authors, Publishers Condemn the 'National Emergency Libra... by lwf on Tuesday March 31, 2020 @02:02AM (#22735248)
Their online emulators are explicitly authorised via a DMCA exception granted by the Library of Congress, c.f. https://archive.org/about/dmca.php

> Following deliberation, the Copyright Office ruled in late October 2003 that four exemptions should be added to the anti-circumvention clause of the DMCA, to be valid until the next Copyright Office rulemaking in 2006, including two that are related to the Internet Archive's original comments: >

> Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. > 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.

Re:Authors, Publishers Condemn the 'National Emergency Libra... by comex on Tuesday March 31, 2020 @04:25AM (#22735809)
The DMCA exemption process is specifically for the DMCA's anticircumvention clause, basically a ban on circumventing DRM. Actual copyright infringement is a separate offense (and in fact largely orthogonal), and the exemptions don't apply to it.