It’s a complex topic, but the Wiki on it is actually pretty good.
NEW ABANDONWARE GAMES SOFTWARE
Abandonware refers to software that is ignored by its owner and no longer has any kind of product support. This type of software is also known as ‘abandonware’. What we’re focusing on today is Proposed Class 23 – entitled Abandoned Software- Video Games Requiring Server Communication. There are several different classes of exemptions proposed for this round of rulemaking, and we don’t have the time to get into all of them. Both sides are zealously advocating their positions because that’s what they’re supposed to do. The exemption rules are revised every three years, so let’s not make this something it isn’t. 1201 if a person circumvents a certain class of video game’s TPM.īefore we start accusing the EFF of picking a fight or the ESA of enacting some wacky new restriction, please note that this issue didn’t just pop up out of the blue. The EFF is proposing an exemption from liability under Sec.
Jailbreaking is an example of an activity that circumvents TPMs. This technology is also known as a technological protection measure or “TPM”. Very briefly, this provision (17 USC § 1201) prohibits making or selling devices or services that are used to circumvent embedded technology that is used to prevent unauthorized access to a work. However, there is an equally important part known as the anti-circumvention exemption. Perhaps the most well-known aspect of it is the safe harbor exemptions it provides for Internet Service Providers (“ISPs”). This time, the issue is the question of whether there should be an exemption to the DMCA’s anti-circumvention provision for certain audiovisual works, namely video games.įor those of you who may not be aware, the Digital Millennium Copyright Act is a copyright law in the United States that governs digital technology and Internet-based issues. I think it’s fair to presume that whenever we see the Electronic Frontier Foundation (“EFF”) squaring off with a major trade association (the Entertainment Software Association or “ESA” in this case), things are bound to get interesting.
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