- cross-posted to:
- pulse_of_truth@infosec.pub
- cross-posted to:
- pulse_of_truth@infosec.pub
“Most of the world’s video games from close to 50 years of history are effectively, legally dead. A Video Games History Foundation study found you can’t buy nearly 90% of games from before 2010. Preservationists have been looking for ways to allow people to legally access gaming history, but the U.S. Copyright Office dealt them a heavy blow Friday. Feds declared that you or any researcher has no right to access old games under the Digital Millennium Copyright Act, or DMCA.”
I’m no lawyer, but I can’t really find a way that fair use is applicable in this case. Also point 4 is taken into consideration here. And no I obviously don’t agree that games shouldn’t be allowed in libraries. The law should be changed. I just don’t see how fair use is relevant.
See also first sale doctrine:
“Lending of physical books held by the library is permitted under the first sale doctrine. In other instances, such as making copies of articles and checking them out to students, libraries may rely on fair use to justify course reserves. A recent landmark case related to electronic reserves is Cambridge v. Patton, in which a group of publishers sued Georgia State University for their liberal e-reserves policy. The courts held GSU to be the prevailing party, finding fair use in the majority of alleged infringements”
https://guides.library.oregonstate.edu/copyright/libraries#:~:text=to course reserves%3F-,A.,use to justify course reserves.
See also Ben Franklin:
https://www.smithsonianmag.com/history/how-ben-franklin-invented-library-as-we-know-it-180983983/