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The ESA declares the preservation of old games as illegal


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#1
Vortex13

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I really don't know how to calmly respond to this.

 

 

 

 

EDIT

 

 

For clarification on what this article is talking about, and what the main gist of this topic is Cyonan sums it up nicely:

 

Basically, right now there is a law that is supposed to prevent modifying games to bypass anti-piracy systems. However, the law can be interpreted to also mean that it's illegal to modify older games in an effort to preserve them.

 

What some organizations are looking for is an exception to the law for researchers, museums, archivists, etc. so that they don't need to worry about it and can preserve old games which have been long since abandoned by their developers.

 

The ESA is fighting against that exception, saying that it would "send the message that hacking, which is normally associated with piracy, is lawful". They also suggest that researchers should not be able to use hacked PS3's for computing power, which is what some of them do because it offers a lot of power for how little it costs.

 


#2
mousestalker

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How else would you, given their history, expect them to respond?


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#3
Fidite Nemini

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DMCA, that's all I'm going to say.



#4
Vortex13

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Yeah, I guess I'm more surprised by the double standards; although I really shouldn't be.

 

 

If we were talking about restoring and preserving old books or movies any group that tried to make salvaging them illegal would be ridiculed by the masses. But I guess since video games are just toys they don't count…. except we totally preserve and restore old toys as well.  <_<


  • Dermain, BigEvil, luna1124 et 2 autres aiment ceci

#5
Guest_TrillClinton_*

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Software is a convoluted mess.


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#6
Garryydde

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This is what RMS warned us about

1358898169842.png
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#7
DEUGH Man

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tumblr_lm0xm13duD1qf48rb.gif

 

Game companies and their lackies are really taking the fun out of gaming.


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#8
Jorji Costava

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This is pretty terrible news for games. According to Martin Scorsese's Film Foundation, half of all films made before 1950 and over 90% of all films made before 1929 are just gone forever. Archiving old media is not a trivial process, and we don't need more obstacles to doing it.

 

I've mentioned this before, but back in the early 90s, there was an old Microprose game called Lightspeed (later re-released as Hyperspeed) which I really liked: It's basically Star Control 2 if it were a flight simulator. There was space exploration, diplomacy, trading, combat, etc. It's abandonware now, but the game has this annoying copy protection scheme where it will ask you for the something like "first word on line three of paragraph six of page 34 of the manual." There aren't any good copies of the manual floating around, so as far as I know there really isn't a way to play this game for most people.


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#9
In Exile

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That's not exactly accurate re:the OP. What the ESA is saying is that the draconian interpretation of the Digital Rights whatever Act is justified on a policy level, and they've put down their resources into fighting an exception to a provision of that Act that - based on a certain interpretation - would prevent the preservation of old games as hacking.

Other organisations are campaigning against this point.

#10
Treacherous J Slither

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That's not exactly accurate re:the OP. What the ESA is saying is that the draconian interpretation of the Digital Rights whatever Act is justified on a policy level, and they've put down their resources into fighting an exception to a provision of that Act that - based on a certain interpretation - would prevent the preservation of old games as hacking.

Other organisations are campaigning against this point.


*Ssssswissshhh* Right over my head.

#11
Cyonan

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*Ssssswissshhh* Right over my head.

 

Basically, right now there is a law that is supposed to prevent modifying games to bypass anti-piracy systems. However, the law can be interpreted to also mean that it's illegal to modify older games in an effort to preserve them.

 

What some organizations are looking for is an exception to the law for researchers, museums, archivists, etc. so that they don't need to worry about it and can preserve old games which have been long since abandoned by their developers.

 

The ESA is fighting against that exception, saying that it would "send the message that hacking, which is normally associated with piracy, is lawful". They also suggest that researchers should not be able to use hacked PS3's for computing power, which is what some of them do because it offers a lot of power for how little it costs.


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#12
SlottsMachine

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Bureaucracy gets in the way of common sense again. 

 



#13
Kaiser Arian XVII

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I call HorseShet.



#14
bmwcrazy

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I'm a criminal.
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#15
Handsome Jack

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**** the ESA.


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#16
Fast Jimmy

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There needs to be a balance between copyright laws that protect a piece of software from replication for profitable distribution and yet also allows the free modification of said software after a designated time frame, just like how brand name drugs lose their patent rights after a certain number of years.

Nothing stops me from writing and posting fan fiction about Sherlock Holmes and Michael Jackson fighting crime in space for my own amusement and the amusement of others, but I can't modify a game to use different text in conversation without the ESA sending hit squads to my house to lock me up. That's asinine.
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#17
mybudgee

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Oh look; the lawyers win again

 

:mellow:



#18
SwobyJ

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People will do what they want.



#19
Kaiser Arian XVII

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A reason to become

 

1287546391_1024x768_pirates-of-the-carib



#20
wolfsite

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#21
Steelcan

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yeah I don't see this lasting



#22
Cyonan

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I'm not sure how it would fit into a legal structure, but my opinion is that once a developer no longer supports and sells new copies of a game it should become free game for this sort of thing.

 

I've no problem with them selling old games for a couple of dollars, provided they're making sure that their 20 year old game runs on my Windows 7 machine with a 3+ Ghz 6 core CPU. Luckily for them, dosbox has already done like 90% of the work for them for any game that ran on DOS.



#23
Melra

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Oh well, at least some big fat company can come along... tweak few pixels and publish the new games as "HD" editions and sell them for ridiculous prices.


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#24
mickey111

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the year is 20xx and the copyright holders have outlawed private VPN, has all the internet users of the world monitored and policed by their telco company, and have provided us no alternatives whatsoever to buying the annual releases of their shitty devices, games series and streaming services and each of these expire within weeks of the latest verion been made available. - the copyright holders dream come true
 


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#25
Decepticon Leader Sully

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Well that's stupid.