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And thus. Again, piracy seems to be the moral choice
Pirates now the only ones preserving this culture, yeah
Good thing the "Feds" have zero jurisdiction in my country then. Feck em.
Feds are wrong, or would be if copyright continued to serve its original purpose (according to the Constitution of the United States) to create a robust public domain.
All media should be accessible through public libraries, and arguments by federal courts presumes that the public does not have vested interest in content. It presumes the government isn't there to serve the public, which raises questions as to why we have government in the first place.
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Read a comment a while ago that if libraries weren't a thing today and someone would propose them, the FBI would be on their ass and stalk after them for even suggesting such radical views. Copyright law is utterly broken and a disservice to society in it's current form and execution. Politicians need to get their fat fingers out of the stock market by law.
I really feel like the source code needs to be released after 25 years. We need to be able to protect older games.
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Fine. I'll start my own library. With external storage, and ROMS.
Wait I'm already doing that.
Industry groups argued that those museums didn’t have “appropriate safeguards” to prevent users from distributing the games once they had them in hand.
Good grief. Some of these games have been on the Internet longer than I have been alive. They are 100-fucking-percent already available on ROM sites. You're just shitting on people's enjoyment for the sake of shitting.
“The game industry’s absolutist position… forces researchers to explore extra-legal methods to access the vast majority of out-of-print video games that are otherwise unavailable,” the VGHF wrote.
The spice must flow, and I can assure you that it already does.
Industry groups argued that those museums didn’t have “appropriate safeguards” to prevent users from distributing the games once they had them in hand.
So libraries are also illegal? Books, DVDs, VHS, CDS, etc. You can replace games with any of those.
They've been actively fighting libraries over the years, with renewed fervor in the last decade. As numerous others have pointed out before--including the article I linked--if libraries hadn't already been such a long-standing concept for centuries, they would 100% not be allowed to come into existence nowadays. Hyper greed has poisoned every facet of modern society.
We used to rent these games from Blockbuster Video! On DVD when we had DVD burners and little to no drm! How did it suddenly not become acceptable?
Physical rentals are still legal. This is only about the legality of online rom downloads.
I'm speaking mainly of the distrust against the public having access for fear that we'd abuse it and not give them a cut. We can't have access to these things now, but we used to. Regardless of form, regardless of piracy.
It's more of a move to restrict ownership when you make a purchase, that has a farther reach than just games. I could see this being applied to cars, houses, etc. In that you only rent a license, and don't actually own anything. I see this as just a first step, and the logic they use to justify it doesn't make sense.
We can't have access to these things now, but we used to.
??? There was no change. It was always illegal. This was a petition to change it to be legal and the petition was denied.
Despite it being illegal, Internet Archive has hosted and I hope will continue to host rom collections like tiny best set go.
Lobbying. The greedy fucks will lobby until they get their way
Industry groups argued that those museums didn’t have “appropriate safeguards” to prevent users from distributing the games once they had them in hand.
And what exactly is stopping me from scanning library books and uploading them online? Are you going to ban libraries too?
Actually, let's not give them ideas.
They would love to ban libraries.
If they didn't already exist, it's doubtful they would have been legal to make.
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It sounds like the problem is not with the feds but with the DMCA. It needs to be overturned.
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That's cool. Won't really stop any of the shit that's been happening though.
Good luck corpos, for every pirate you take away ten more will take their place.
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FTA
Industry groups argued that those museums didn’t have “appropriate safeguards” to prevent users from distributing the games once they had them in hand. They also argued that there’s a “substantial market” for older or classic games, and a new, free library to access games would “jeopardize” this market. Perlmutter agreed with the industry groups.
So as long as someone, somewhere, might make a penny off of them, they can't be free. Insert your own metaphor here.
This argument is even more ridiculous than it seems. During the copyright office hearing for this exemption request (back in April), the people arguing in favor of libraries talked about the measures they have in place. They don't just let people download a ROM to use in any emulator they please. It's not even one of those browser-based emulators where you can pull the ROM data out of your browser cache if you know how. It's a video stream of an emulator running on a server managed by the library, with plenty enough latency to make it very clearly a worse gaming experience.
It's far easier to find ROMs of these games elsewhere than it is to contact a librarian and ask for access to a protected collection, so there'd be no reason to redistribute the files even if they were offered, which they aren't.
On top of that, this exemption request was explicitly limited to old games that have been long unavailable on the market in any form, which seems like an insane limitation to put on libraries, places that have always held collections of books both new and old.
All of that is still not enough to sate the US Copyright Office, the ESA, AACS, or DVD CSS. Those three were the organizations that fought against this.
It's been demonstrated multiple times that when you make access easy and affordable people will pay for it over pirating it.
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They’re right. I have been using old videos games for recreation. Too bad that they’ve decided to prevent me from paying for the privilege or at least being tracked through library usage and have instead decided it’d be better if I was just an untrackable “criminal”
Either way, I’m enjoying these old games and living my life guilt free.
You'd better not also be reading books for fun. By their logic, any recreational use of books from a library should also be considered illegal.
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OK, I'll download them then.
The DMCA is a curse.
I'd say it's more intolerably long copyright terms than the DMCA specifically.
The DMCA is just the icing on top of the 95-120y "work for hire" copyright duration shit cake.
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Bought judges belong against a wall, so that we can pick them last in dodgeball.
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I'm glad I keep backup copies of anything that might be important later on, like the 40 gig MAME Rom library.
Sharing is caring
The problem with these fundamental rulings is that they're largely trying to fit square objects through round holes. When a simple ruling is made to essentially say "to current law, no", the law itself ultimately becomes meaningless, because older games couldn't be easier to pirate. Most of them are smaller than a TikTok video, and are so cheap/easy to host that you'll never stop them from being shared. Hell, emulation has come so far that you can effectively emulate these games on a browser, on multiple devices, even devices that don't natively support gaming.
The smart thing to do would be to say that maybe the legal framework that embodies retro gaming needs to be researched and heavily considered. It's a hard task that'll require many lawyers, many fights, and lots of lobbying to ensure the word of law is worth something. Sadly, it's easier to say "lol no" and to essentially just promote piracy.
“Fair Use” is a thing. Someone needs to go back to law school.
Pearson is trying really fucking hard to write that out of the public consciousness. I took an econ 101 class about 12y ago for funsies and the section of the course on copyright insisted that "the rights of copyright owners" were absolute with no exemptions.
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insane takeover of the public square here.
you can't stop the signal, mal
Oh yeah? ~reaches for feathered Tricorn~
You don't say? ~shifts buckaneer coat across shoulders~
No, you don't mean that? ~straps on pistol/saber belt~
Why would you say such a thing ya daft cunt ? ~quote by nearby African Grey Parrot~
Does this mean my library isn't allowed to have games you can check out anymore? It's been doing that (and other things that aren't books) for at least a decade now with donated items.
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this post was submitted on 27 Oct 2024
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