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Old 29 October 2003, 13:36   #1
fiath
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Fully compliant with DMCA

We don't really care since none of us live in the US, but you may be interested to know that CAPS is fully DMCA compliant (and now almost certainly compliant with the EUCD too). We think we were anyway, but at last the exemption was put into plain language:

http://www.copyright.gov/1201/

Specifically, the following "Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works":

"(2) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete."

and

"(3) 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. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace."


I guess this will also help WHDLoad...

Last edited by fiath; 29 October 2003 at 16:19.
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Old 29 October 2003, 17:25   #2
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I think this is great news for retrogaming in general!
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Old 29 October 2003, 17:57   #3
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Definately great work since otherwise people involved in retro emulation could find themselves on the wrong end of a lawsuit using the DMCA.
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Old 29 October 2003, 18:15   #4
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Sounds fan-dabby-dozey.

The huge forrore over legal issues at the moment has a lot of people 'jumpy' and each and every step that can be to ensure the legality of projects and keep them cushty (sp?) is great by me!

CAPS is also KillerGorilla compliant.
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Old 29 October 2003, 21:00   #5
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Yup, although I live in fear of the EUCD instead I can now sleep a little better at night.

I don't care what the /.'ers have to say, this is a step in the right direction.
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Old 29 October 2003, 21:43   #6
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Well I live in the states and could care less about the DMCA As far as I'm concerned it's not really a law, it's something that media empires setup to gleen even more revenue streams cause they have no real thinking ability anymore and hence they totally missied the boat or perhaps they're on a boat called Titanic

Basically it's coming down to those with power and money against those that feel more open source is needed. But I'll leave it at that cause I don't want to rant too much here

I do hope that this holds up however I'm thinking some freakin' bean counter is working on how to circumvent these articles of the DMCA so nothing in it's electronic form can be free or d/l anymore
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Old 29 October 2003, 22:14   #7
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That's called software patents Jmmijo. You can't put up for download what has had it's principles patented without facing servere class action suits.

In what way does the EUCD differ from the DMCA? All I know about the EUCD is that it's a DMCA wannabe, and the commisioners were too lazy to work in clauses that interest organisations wanted for safety's sake saying that "Noone's going to abuse that anyway. Don't be stupid"
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Old 29 October 2003, 23:35   #8
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OK, I lump it all into one huge steaming pile O pooooooooooo
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Old 30 October 2003, 10:11   #9
fiath
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I have looked quite hard at the relevant sections DMCA before, and I am very sure CAPS was compliant anyway - but having is plain language is much easier to fight in court should it ever come to that. I don’t expect it will, but it is best to be prepared, especially if we get official industry support or support from more established preservation organisations.

We believe this support is actually quite necessary since many of these organisations do not yet realise what is needed to preserve magnetic media authentically. Sure, they talk about what they are “going” to do – the fact they have not done it yet is probably because they are finding that it is extremely complicated.

I have also looked at the EUCD. Unfortunately, it gets very complicated because the EUCD is just a directive, and each member state of the EU implements it as they see fit - some stricter than others. So far all have seen says CAPS is completely legal, but it will be quite difficult to go look at every implementation. Fortunately, the people responsible for the main EUCD directive seem to be listening to curators, libraries and archivists unlike the DMCA people initially did, which means important exemptions are made to protect our digital past.

Another thing many people forget about is the copyright law. There have been some very worrying changes proposed to that recently (due to come into effect in December). This one everybody needs to worry about. The changes are being pushed into effect by the US (and the technically clueless politicians seem to be just bending to the media-industry's every will) but, since it is an international treaty, other implementing countries will almost certainly be forced to adopt it too.

It does not pose an issue for us, but with all of these laws, they are still a big issue in the wider sense.

Interesting fact: One of the reasons that copyright is being extended to 70 years after the author’s death is due to Disney. They are one of the largest lobbying bodies for that little piece of legislation. Why? Because Mickey Mouse was just about to fall into the public domain…. So much for protecting the author – all this law does is allow corporations like Disney to keep their stranglehold – something that the copyright law was never intended for.
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Old 31 October 2003, 04:03   #10
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Quote:
Originally posted by fiath
Interesting fact: One of the reasons that copyright is being extended to 70 years after the author’s death is due to Disney. They are one of the largest lobbying bodies for that little piece of legislation. Why? Because Mickey Mouse was just about to fall into the public domain…. So much for protecting the author – all this law does is allow corporations like Disney to keep their stranglehold – something that the copyright law was never intended for.
Yes quite interesting indeed. I hadn't realized that it was Disney, I should have figured that one out however

I'm afraid there may indeed come a time when you very thoughts are going to be copyrighted by some very big corporation of America, oh wait, it already is
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Old 31 October 2003, 12:54   #11
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Quote:
Originally posted by jmmijo
I'm afraid there may indeed come a time when you very thoughts are going to be copyrighted by some very big corporation of America, oh wait, it already is
They've already copyrighted Rattus?
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Old 31 October 2003, 13:32   #12
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Just to put this somewhere

http://oops.se/freeculture/free_culture.swf
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Old 31 October 2003, 13:33   #13
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Fuck that is a big file.

wait's for download.......
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Old 31 October 2003, 13:38   #14
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Well it's a whole talk. Might not be good for office. But no fun for office pictures in there though.

Among other things mentioned in it though is the Mickey Mouse incident.
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Old 31 October 2003, 13:39   #15
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Listening to it now.

(Don't work in an office now, sitting in my uni room doing html)
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Old 31 October 2003, 13:50   #16
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Why only HTML? Just learning or didn't need anything complicated enough for HTML?

<--sitting in living room doing Java and JSP bugfixing.
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Old 31 October 2003, 13:55   #17
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Got no choice. Just started uni and have to write a webpage in plain html using notepad. Yay.

"Never before have fewer people controlled more"
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Old 31 October 2003, 14:04   #18
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You mean you control a lot when using notepad?

Wow here I thought it was kind of limiting, even if you had full control of what you make it still also means you don't get that much done.
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Old 31 October 2003, 14:06   #19
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The notepad bit has nothing to do with the quote, it's just that the quote from the speech is a good one so I pasted it!
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Old 31 October 2003, 14:23   #20
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I like the refrain.
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