On 12/13/05, Jim Leonard <trixter at oldskool.org> wrote:
>Are you saying there's a fragment of law
or court cases that
>carve out exceptions to the copyright practices for
>"computer conservators"?
The Internet Archive received such a fragment, IIRC. I don't have time to
look
at
archive.org to verify but I distinctly remember 2 years ago the big
announcement that made it okay for
archive.org to archive historically
relevant
software.
--
Jim Leonard (trixter at
oldskool.org)
http://www.oldskool.org/
Want to help an ambitious games project?
http://www.mobygames.com/
Or check out some trippy MindCandy at
http://www.mindcandydvd.com/
Internet Archive Gets DMCA Exemption To Help Archive Vintage Software
In 2003 the Internet Archive, as part of research into vintage software
archiving, discovered possible archiving issues involving the Digital
Millenium Copyright Act. This could make it impossible to legally archive
early computer software and games, even for accredited institutions wishing
to store limited amounts of non-distributable, archival images.
It's vital to make proper archival copies of these artefacts, because the
life of magnetic media such as floppy discs has been estimated at 10 to 30
years. Time is running out to properly archive much of this large body of
work for safekeeping, to ensure it lives out its term of copyright and is
available ( in the short-term, under suitable copyright-constrained means)
for posterity.
The Copyright Office holds a rulemaking
proceeding<http://www.copyright.gov/1201/>every 3 years to:
*"determine whether there are particular classes of works as to which users
are, or are likely to be, adversely affected in their ability to make
noninfringing uses due to the prohibition on circumvention of access
controls."*
As part of this rulemaking process, the Internet Archive submitted an initial
comment <http://www.copyright.gov/1201/2003/comments/025.pdf> in early 2003,
and followed this up with a reply
comment<http://www.copyright.gov/1201/2003/reply/015.pdf>giving
further examples of classic software that might be lost if access
controls could not be circumvented.
Following deliberation, the Copyright Office ruled in late October 2003 that
four exemptions should be
added<http://www.copyright.gov/1201/docs/librarian_statement_01.html>…
the anti-circumvention clause of the DMCA, to be valid until the next
Copyright Office rulemaking in 2006, including two that are related to the
Internet Archive's original comments:
*
Computer programs protected by dongles that prevent access due to
malfunction or damage and which are obsolete.
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.*
With the aid of these exemptions, the Internet Archive is continuing its
work with institutional and technical partners to research and archive
this at-risk
software <http://www.archive.org/about/dmca/copyrightoffice.ppt>, and would
like to thank all those who worked hard to help us achieve our goal