U.S. Copyright Office Considering Loosening DMCA Exemptions

The U.S. Copyright Office is considering a rule change to the DMCA. This change would loosen current restrictions on emulations and reproduction of abandoned online games.

The purpose of the Digital Millennium Copyright Act (DMCA) is to protect intellectual property from theft and piracy. Exceptions to these rules are given every three years to various museums, archives, and libraries that focus on old and abandoned video games and other media.

Most recently, the Museum of Art and Digital Entertainment (MADE) has submitted a request for the exemptions to be expanded. Specifically, they'd like these exemptions to cover abandoned online games like Star Wars Galaxies and City of Heroes. MADE believes that the online capability is an integral part of these games, and want permission to host their own game servers.

In opposition, the Entertainment Software Association (ESA) believes that this would be taking the exemption too far.

The proponents request permission to engage in forms of circumvention that will enable the complete recreation of a hosted video game-service environment and make the video game available for play by a public audience.

Since places like MADE charge admission fees while allowing these games to then be played for free, it could be considered a commercial enterprise. Because museums of old video games are definitely in competition with large publishers like EA Games.

The U.S. Copyright Office has not come to a decision, but they will be reviewing everyone's comments before doing so.