DMCA exception for emulators

[hey69]

http://www.copyright.gov/fedreg/2005/70fr57526.html

1) Compilations consisting of lists of Internet locations blocked by commercially marketed filtering software applications that are intended to prevent access to domains, websites or portions of websites, but not including lists of Internet locations blocked by software applications that operate exclusively to protect against damage to a computer or a computer network or lists of Internet locations blocked by software applications that operate exclusively to prevent receipt of email.

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

(3) 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. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.

(4) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling of the ebook's read-aloud function and that prevent the enabling of screen readers to render the text into a specialized format.


for example would a free snes emu on ps3 be possible without risk of legal action by nintendo? (just hypotheticly speaking)

 

[Lord Darkblade]

Most likely yes, the hardware ceased production 10 years ago ('95 ish) and most computer hardware has a lifetime of 5-10 years (realistically), so access to SNES hardware through the manufacturer is limited. Second hand sales are unlikely to be considered though there is a substantial availability of the hardware (probably 30million units?) most of it is either in the hands of collectors or broken. SNES units do come up for sale in most local Game stores (at least in Scotland) but availability is very limited (1-2 units per store normally, depending on local trade-ins of course).

There is potentially a complaint arising from the availability of SNES adapters for later hardware (N64 had one iirc and the GBA plays "SNES" games), however as the original format is a hardware cartridge often containing proprietry hardware (DKC, Starfox) it would also probably be considered under this.

So my theory is the answer is yes, and a proper PSP SNES/MegaDrive emulator would be sweet (SNES 9x on PSP has frame rate issues even when hardware acceled). You could probably even get away with N64 era systems, and the XBox in a few weeks (lol! since hardware will be off the shelves!) however PS1 is likely to be a no-no as it can already be played on PS2 (still going strong) and likely the PS3. This may well be the reason for a strong backwards compatability system as it stops you older software from becoming "open".

 

[see colon]

Most likely yes, the hardware ceased production 10 years ago ('95 ish) and most computer hardware has a lifetime of 5-10 years (realistically), so access to SNES hardware through the manufacturer is limited.

actualy, SNES (and NES) manufacturing stoped in September 2003.
http://www.geek.com/news/geeknews/2003Jun/bga20030602020213.htm

Nintendo will finally stop making its NES and SNES consoles in Japan in September. The consoles, which were called the Famicom and Super Famicom in Japan, have been kept in production since their inception in Nintendo's homeland. The 8-bit machine hit stores in Japan on July 15, 1983. Some sources in Japan believe that the decision to pull the plug on the two systems is, in fact, the beginning of a revival for the Famicom.

 

[Shifty Geezer]

Emulating the hardware's fine. But the software is still copyright so unless you own the original and rip it, distribution of old games won't be legal.

 

[OtakingGX]

If you read a little further you'll see that you need a valid reason to circumvent the hardware in order to gain access to the data:

First, a proponent must attempt to identify the specific technological measure that is the causal source of the alleged problem, and show why that technological measure “effectively controls access to a [copyrighted] work.â€￾

Second, a proponent must specifically explain what noninfringing activity the prohibition is adversely affecting.

Third, a proponent must establish that the prevented activity is, in fact, a noninfringing use under current law.

 

[Lord Darkblade]

Accessing your current games library is a non-infringing use. So Sony providing an Emulator and downloads of software ROMS that you can prove you own (proof of purchase would probably work, I should still have most of the pops for my SNES and games). In addition Nintendo could offer a sales option (though unlikely to help a competitor).

 

[Reznor007]

There is potentially a complaint arising from the availability of SNES adapters for later hardware (N64 had one iirc and the GBA plays "SNES" games), however as the original format is a hardware cartridge often containing proprietry hardware (DKC, Starfox) it would also probably be considered under this.

Actually DKC had no extra hardware in it. It was just 4MB of ROM. DKC2 and 3 didn't have extra hardware either. I'm not sure where this common misconception comes from.

This DMCA exception is important for arcade emulators also. Many arcade games had encryption that was powered by batteries, and when the batteries die the board is dead. This applies to many Sega systems from before System16 hardware up to System24 hardware which had custom 68000 CPU's made by Hitachi that had complex encryption built into them with a data table powered by an internal battery. The CPU's were specific to each game, down to specific for different revisions/regions of the same game. The MAME guys just figured out the encryption last year.

http://cgfm2.emuviews.com/ if anyone is interested you can find more about it by looking here under FD1094 info.