Abandonware now legal?

Changes in copyright rules let gamers break copy protection on old games--in some circumstances.

Some gamers have been arguing for years that abandonware--older games that are no longer supported by their original copyright holders--should be exempted from copy-protection laws. These retro gamers believe that since the software is no longer being sold or supported by the copyright holders, they are breaking no law by copying and distributing the games.

That point of view may be validated now, as last week Librarian of Congress James H. Billington approved six exemptions to the 1998 Digital Millennium Copyright Act in the US.

Billington ruled that for games for machines which are no longer available, the copy-protection controls may be bypassed for "archival purposes." He also added that games with copy-protection that require "dongles" that were damaged and could not be replaced were also allowed to circumvent the copy-protection systems. Dongles are hardware devices that users have to physically connect to their machine to authenticate a game and allow them to play it--they first came out in the '80s and have since fallen out of popular use.

Other amendments include authorisation to break locks on e-books so that blind people can run them through read-aloud software, and allowing cellphone owners to break software locks on their handsets so they can switch carriers.

58 Comments

  • Humorguy_basic

    Posted Dec 23, 2007 11:36 am PT

    Retro games, as of about 2003, became better than modern PC games. So here, in 2007, I play retro (pre 1997) PC games at least as often as I do modern games (and that's only because of games like Oblivion that I put 100 hours plus into - if we were just talking about average 15 hour games, retro would win hands down!)

  • mirricat45

    Posted Nov 29, 2006 2:41 am PT

    So... does that make Atari/NES roms legal? Oh wait.... you can still play NES on Wii Damn you Wii! Emulation was almost legit!

  • cjcr_alexandru

    Posted Nov 28, 2006 10:42 am PT

    This is only in the US, right? I wonder if in my country such a law exists...

  • kinzuagolfer

    Posted Nov 28, 2006 8:24 am PT

    Sega has plans to release old games for ps2 & psp. Would they not be considered abandon-ware due to the re-release?
    My previous post has an interesting hypothesis.
    Random fact: Gamespot spell checker shows "sega" spelled wrong.

  • starfoxmcleoud

    Posted Nov 28, 2006 8:16 am PT

    Well.......it's only a matter of time before this is abused

  • cesarotromundo

    Posted Nov 28, 2006 5:55 am PT

    im confused

  • thefjk

    Posted Nov 28, 2006 5:10 am PT

    Sounds good to me....

  • SinfulSpikey

    Posted Nov 28, 2006 2:52 am PT

    Didn't EQ have a dongle? XD

  • sigma8

    Posted Nov 28, 2006 12:37 am PT

    death to dongles.

  • VegetaMaelstrom

    Posted Nov 27, 2006 11:10 pm PT

    This judges ruling will only stand for a short time before a game company challenges it in court for some reason. Once the new ruling is handed down, then I figure the issue will be settled one way or the other. Until then, play hard with a guilt-free conscience.

  • alexgangur

    Posted Nov 27, 2006 9:38 pm PT

    cartman25_basic
    "The games where Abandoned for a reason,lets leave them like that."

    You sir, not only lack perspective, but perhaps even taste.

    Amen to that .

  • malkav11

    Posted Nov 27, 2006 8:54 pm PT

    This doesn't really affect abandonware to speak of, as that term mostly refers to PC software, and PCs are still very much available. Yes, even DOS. It might be argued to apply to software that originally came on 5.25 inch floppies, though, we'll see. This would probably make most forms of emulation legal, though. 90% of MAME roms, for example, as well as emulation of most home computers other than DOS/Windows and Mac, and just about any discontinued gaming console. Although it's arguable that the Virtual Console on the Revolution might make games available through that system illegal to emulate any other way.

  • AdrianoB123

    Posted Nov 27, 2006 6:12 pm PT

    yay!

  • Rej72380

    Posted Nov 27, 2006 5:59 pm PT

    With this news, it may be possible for me to download Ultima III: Exodus without fearing any repercussions from Origin Systems.

  • umbrae

    Posted Nov 27, 2006 5:10 pm PT

    Great, now where is my exception to make backup copies... until then the DMCA is am unconstitutional joke.

  • Kravyn81

    Posted Nov 27, 2006 4:29 pm PT

    This is a logical decision on the part of Librarian of Congress.

  • cartman25_basic

    Posted Nov 27, 2006 12:40 pm PT

    "The games where Abandoned for a reason,lets leave them like that."

    You sir, not only lack perspective, but perhaps even taste.

  • waflerevolution

    Posted Nov 27, 2006 12:14 pm PT

    neat.

  • imbacon

    Posted Nov 27, 2006 12:06 pm PT

    This topic delivers!

  • ObiKKa

    Posted Nov 27, 2006 12:03 pm PT

    MrPMPisBeefy
    "I want a list of what's considered abandonware. Laws are sometimes too vague and i don't want trouble."

    Well, check out both www.the-underdogs.info, and www.abandonia.com/reloaded.org, for legally free abandonware PC games, as well as some console games in the former site.There are also some sites that only provide legally free abandonware console game images (like ROM images that you play in a correct emulator).

  • mr_killer_man

    Posted Nov 27, 2006 12:01 pm PT

    This is gonna be great! I may actually be able to get some of the older games I used to play that are not on the current systems!

  • diablobasher

    Posted Nov 27, 2006 11:49 am PT

    Zweihanderhero:

    The example you gave is a good example for this debate. But it's not a hard one to work out, Star Wars as a franchise is still going, therefore, the license has not been abandoned, so it is most definatly not safe to download, although i can see people making that mistake. I would like to play the old Jedi Knights, the 2 1/2D shooters, they were awesome. Unfortunatly they are neither abandonware, nor available. So i can't.

  • blacktorn

    Posted Nov 27, 2006 11:36 am PT

    The games where Abandoned for a reason,lets leave them like that.

  • MrPMPisBeefy

    Posted Nov 27, 2006 11:09 am PT

    I want a list of what's considered abandonware. Laws are sometimes too vague and i don't want trouble.

  • kinglink2

    Posted Nov 27, 2006 11:08 am PT

    YES! Kudos. Abandonware should be allowed to enter the public domain with in reason. If someone is actively trying to distribute the game then they should be able to sell it, but if the game is not longer distributed then those who want to play them should be able to.

  • Generic_Dude

    Posted Nov 27, 2006 11:06 am PT

    The exemptions need clearer definitions. As I read this, I can see a potential for many people to be harrassed when they don't even realize they are breaking the law. When are we going to get some people in Washington that know jack stink about tech?

    That being said, let's all lean back and have a nice chuckle at the use of the word "dongle".

  • Zweihanderhero

    Posted Nov 27, 2006 11:03 am PT

    it's still a minefield though...who's to say what games may or may not be released in the future?

    X-wing or Tie Fighter for example...helluva old and LucasArts don't seem to be in the business of making space sims anymore.Safe to download?Hell no.

    Somebody needs to make a list which titles are safe and which aren't...

  • diablobasher

    Posted Nov 27, 2006 11:00 am PT

    Relatively cool i suppose, if a little difficult to maintain seeing as all the new consoles have some form of downloadable back library, this may cause a few arguments in the courts. But yeah, abandonware would NOT be things like Zelda, ect as they are still fully suported and endorsed by their copyright owners, this is not a "I cant get that game anymore so im allowed to download it" bonanza.

  • skemaal

    Posted Nov 27, 2006 10:51 am PT

    Making it legal is a good idea. There are great games outthere that have been off the market for years with little hope of ever seeing them again in a repackaged deal or part of a compilation. It has happen in the past that I needed to use some peer to peer because I couldn`t find an older game even on ebay.

    It`s logical to think that if a copyright holder has no intention of ever releasing the product, he shouldn`t cry foul if the product is downloaded or copied.

  • LordAndrew

    Posted Nov 27, 2006 10:51 am PT

    Old DOS games, here I come!
    Old NES games, for the most part probably aren't considered abandonware. Nintendo's still selling them. Get a Wii and enjoy some Zelda.

  • audioaxes

    Posted Nov 27, 2006 10:47 am PT

    well as much as they think they are doing something, they aint really going to affect anything by passing laws allowing or disallowing ppl downloading roms
    heck a great deal of people already downloaded every possible rom from the snes/nes/sega/old school arcade

  • stu576

    Posted Nov 27, 2006 10:47 am PT

    i love the idea of this

  • kinzuagolfer

    Posted Nov 27, 2006 10:45 am PT

    The game companies will come back with something to keep their product. Such as re-releasing the same game on what is currently supported just to say look its supported. NOW PAY ME.

  • STRICK26

    Posted Nov 27, 2006 10:42 am PT

    COPY PROTECTION IS A GOOD THING.

  • MSE369

    Posted Nov 27, 2006 10:39 am PT

    remember this only relates to the US

  • vaejas

    Posted Nov 27, 2006 10:38 am PT

    Notice that Mr. Billington didn't say it's okay to steal a book as long as you burn it within 24 hours. And actually this is the same basic "ROM" exemption made in 2003 with extra wording to cut back on freelancers. It's basically a three-year renewal, and these 2006 exemptions are in effect until October 27, 2009.
    ---
    2006:
    2. 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. [emphasises added] 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.

    2003:
    (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.
    ---
    And it's also a fair point that since the all new current-gen consoles are 80-100% emulation capable, the corporations are hedging themselves against these exact exemptions. ...Once they actually become "reasonably available" and not double price on eBay.

  • narcis013

    Posted Nov 27, 2006 10:37 am PT

    DotT.... its impossible to find, and im not willing to pay $150 for the lucas art 6 disc set

  • minevich1

    Posted Nov 27, 2006 10:37 am PT

    nice

  • lowmank79

    Posted Nov 27, 2006 10:37 am PT

    Good ruling for MAME people!

  • Lungz5

    Posted Nov 27, 2006 10:36 am PT

    Emulation is still sketchy, especially with all those greatest hits collections and Nintendo's game downloads. I like the sound of this, but new technology is going to claim that the software is still supported by the copyright holder in many situations. BOOOOO!

  • xaos

    Posted Nov 27, 2006 10:36 am PT

    Zelda is absolutely not abandonware; this is not a license to download the NES library...

  • danharlow

    Posted Nov 27, 2006 10:29 am PT

    I wonder if this will stand up? Some game companies have fought to keep the coyright on their software even though they no longer support it.

  • Ecco6t9

    Posted Nov 27, 2006 10:29 am PT

    I don't think Zelda counts as it was rereleased on the GBA,GC and VC.

  • slappylad

    Posted Nov 27, 2006 10:29 am PT

    Great news for us old-skool DOS gamers out here.

  • decoy1978

    Posted Nov 27, 2006 10:24 am PT

    I'm all for this. Playing Gyromite =p or even Zelda will bring back great memories.

  • The_PC_Gamer

    Posted Nov 27, 2006 10:18 am PT

    about time

  • Nonpareil

    Posted Nov 27, 2006 10:17 am PT

    sweet, now it will be legal. lol, no more risk

  • EddyG0RD0

    Posted Nov 27, 2006 10:14 am PT

    i want an example of a abandonware

  • gertish

    Posted Nov 27, 2006 10:12 am PT

    That's neat!

  • Zaxex

    Posted Nov 27, 2006 10:12 am PT

    Will companies start doing millenia contracts?

    Imagine if Halo, Zelda and Mario became abandonware.

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