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Game Emulators OK, Says U.S. Copyright Office
Xam:
I think what Leap is refering to is what is known as "Orphaned copyrights"
The owner of the copyright may not be known, but the copyright and all protections still exist for said copyright...it would therefore still be illegal to use or distribute the material unless you are authorized by the copyright owner.
I could be (and probably am) wrong.
Xam
Fozzy The Bear:
--- Quote from: Xam on December 05, 2006, 07:43:57 pm ---I think what Leap is refering to is what is known as "Orphaned copyrights"
The owner of the copyright may not be known, but the copyright and all protections still exist for said copyright...it would therefore still be illegal to use or distribute the material unless you are authorized by the copyright owner.
I could be (and probably am) wrong.
--- End quote ---
No Xam... You're absolutely right.... The only time that the Copyright ceases to exist in the material, is when either the owner of those rights openly relinquishes them OR when the Legally Defined time limit on those Copyrights expires. To be blunt, before the Copyright time limit on the software we deal with expires, the vast majority of us will be dead.
This is partly why the ruling exists and what its purpose is. It allows the Library Of Congress to Archive the material before it becomes impossible to do so, for the education of future generations who will be able to use and view it freely. Much as you can now access and use Books and Documents and Films that the Library Of Congress archived from past generations.
Best Regards,
Julian (Fozzy The Bear)
leapinlew:
Would it allow owners of Capcom machines that have the cmos battery that expires to circumvent those technologies to keep their machines alive?
Fozzy The Bear:
--- Quote from: leapinlew on December 05, 2006, 10:41:41 pm ---Would it allow owners of Capcom machines that have the cmos battery that expires to circumvent those technologies to keep their machines alive?
--- End quote ---
Technically no, because this ruling doesn't have that purpose. It simply isn't about that..... (unless the owner is: a library or educational institution and only uses the machine for the purposes mentioned in the ruling).
However... It is possibly covered under Clause 3...
"3. Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace." If the item is a suicide battery, then the question is, does that make the circuit it is attached to a dongle.
In law there is nothing to prevent the owner of an original machine from repairing it so that it will continue to function. The function has not changed. The usage has not changed and there is no intention in fixing the machine, to breach Copyright. This action is covered under another section of the DMCA.
Best Regards,
Julian (Fozzy The Bear)
spacies:
u's guys r way 2 cleva 4 me.
I dnt undastnd ne of it.
plz msg wen itz ok 2 use mame & romz 2getha
thnx
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