Couldn't write a news article, so i post it here

http://digg.com/gaming_news/USA_Legalizes_Abandonware

I'm pretty sure the programs are not legal.

I don't know... the quoted parts don't look like they really allow abandonware.

The above article speaks specifically about phone software ...

... when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive.

Going by this;

"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. 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."

It would mean that not only would abadonware be legal, but emulation too, provided that you are required to have the media to operate the game. By the wording, if a game could function without the media present (i.e. before CD checks and such), then those programs wouldn't fall under this revision. Interesting.

(It specifically mentions computer programs and video games) Better place to look; http://www.copyright.gov/1201/index.html

I could say that I have the software for an archive, such as in a 10 CD MAME ROM set, or that I'm attempting to preserve rare games in an archive.

I'm sure there is something that specifies what an archive can be. I doubt my collection of thousands of games makes a legitimate archive for this law (yes, I have that many).

Why wouldn't it?

In any case, it's obvious that that clause is there so that the games are not reproduced for sale or mass distribution.

However, it does mention;

The Librarian of Congress, on the recommendation of the Register of Copyrights, has announced the classes of works subject to the exemption from the prohibition against circumvention of technological measures that control access to copyrighted works. Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) during the next three years.

'noninfringing' uses... hmm so it seems like this law is more in regards to allowing for the circumvention of copy protection, not the legalization of abandonware or software distribution.

In other words, if you were to circumvent copy protection in order to get a copy of a program that you were not entitled to, or didn't buy (say using a third party program to spoof the existence of a CD in the drive in order to gain access to the program), you could be charged with two different crimes.

Bah. Journalists are incapable of legal interpretation the law. They didn't add the following paragraph from the law in the stupid article:

Persons making noninfringing uses of the following six classes of works will not be subject to the prohibition against circumventing access controls (17 U.S.C. § 1201(a)(1)) during the next three years.

Which means oldskool copyright laws still apply. Which means any distribution and reproduction of copyrighted material without the consent of the intellectual property rights holder is copyrights infringement.

Thus, abandonware is still illegal without the consent of the copyrights holder. Exception to this rule, for the purposes of of preservation or archival reproduction of published digital works by a library or archive which of course may well refer to another law identifiying the limitations of what a "library" or "archive" legally and officially refers to. Usually by practice identified as "educational institutions". Which I doubt abandonware sites represent.

Sorry to say, it also has no mention of emulators whatsoever. Why? 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.

Emulators are not identified as original media or hardware. If it doesn't say you can, then you can't. "Require" here does not refer to the individual "owning" the orginal media or hardware. It refers to computer program or video game format requires original media or hardware as a condition of access.

Simply said, Mobygames can now upload abandonware material! Yay! Er, that is if it is identified legally as library or archive by law.

What I get from it is that the act of circumvention of copy protection is what is being legalized (with a few stipulations). Simply put, this law has nothing to do with abandonware, emulation, or an ease on copywrite laws. It only addresses the acts of circumventing copy protection.

Exactly.