[NTLK] h*cks, kr*ks, SN

[Tony Kan]

[snip]
"The ruling gives six classes of works whose copyright protection systems
can be circumvented, one of which is:

Computer programs and video games distributed in formats that have become
obsolete and that require the original media or hardware as a condition of
access, when circumvention is accomplished for the purpose of preservation or
archival reproduction of published digital works by a library or archive. 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
[snip]

Let's work this one through to see if we fit the criteria:

1. "Computer programs and video games...": CHECK

2. "distributed in formats that have become obsolete and that require the
original media or hardware as a condition of
access": yes and no.  Some of the software was distributed only on 3.5" disks
and could be construed to be an obsolete format though lots of computers still
have 3.5" disk drives, so CROSS, in this case.  A lot is distributed on web
sites which are now only accessible on www.archive.org. If those web sites are
considered "media," then CHECK.

3. "when circumvention is accomplished for the purpose of preservation or
archival reproduction of published digital works by a library or archive":  If
Morgan started an incorporated society and signed us up as members under UNNA
then we have our archive to work for, so CHECK.

4. "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...":  The Newton is
no longer manufactured and PROVIDED the program or video game can't be "rendered
perceptible" without it: CHECK.  But what if the author wants to republish the
said program in another operating system, say for the iPhone.  For example,
recent posts have mentioned MPG and Pocket Money as Newton programs that have
been "ported" to the iPhone.  Would circumventing the copyright protection
system on these two programs contravene the DMCA or the Fair Use doctrine?
Since the Newton is no longer manufactured, is the copyright holder economically
harmed by a few diehard collectors and enthusiasts (thinking of criteria 4 under
the Fair Use doctrine here)?

I know I'm raising more questions than answers but I invite NewtonTalkers to
consider these questions in the past few posts carefully, and send in their
thoughts.  Together we might be able to pick our way through this complex but
interesting field of law to reach the other side with a reasonably thought out
solution to our problem: how to stop abandonware disappearing into the mists of
time so that they can continue to contribute to the betterment of society.

Warm regards

Tony Kan

Christchurch
New Zealand