Preserving old games is illegal because it's 'hacking', according to the ESA

[RevPokemon]

Excuse me for my naivety // ignorance, but I spent a full minute thinking why the hell would the European Space Agency have a word in this topic.

Simple you can use nes ROM files to build a rocket via the 26 method with electronic conductorS

 

[Sheimi]

"Rom hacks illegal". Can you fucking not?

America is so fucking backwards on things.

 

[p1ngpong]

Sad news, better delete all my retro roms before the police come

 

[RevPokemon]

Sad news, better delete all my retro roms before the police come

If this passes or becomes law will all talk of back ups and preserving files be removed from gbatemp?

 

[nxwing]

If this passes or becomes law will all talk of back ups and preserving files be removed from gbatemp?

I think we'll have to use morse code made by stafg for that one

 

[shakirmoledina]

I want to be a jerk and try to think like the ESA for a change
"(Section 1201) prevents users from modifying games and other forms of media and putting them in museums is illegal. "

It's basically saying that you cannot modify what's not yours. Even if a game is old, it still isn't entirely your property. I don't think this is any different to what we have been hearing about current games and software. I have a problem with this type of transactions. When I sell you something, I am giving you the right over that product. I don't have any right to dictate to you what you can do with it. If I want to sell it back as MY PRODUCT then that can be argued about however modification is simply my choice whether it's new or old.
And this statement doesn't restrict new from old.

I may be very off from understanding the background of this ruling.

 

[Smuff]

Clearly the American police need more reasons to shoot citizens in the back

#OooohTopical

 

[Sheimi]

I get a vibe that modding your own console (I guess via soldering) would be considered illegal hacking. If it's true from what I read, that is pretty stupid. I will still be working on my beta remake if it passes.

 

[nxwing]

I get a vibe that modding your own console (I guess via soldering) would be considered illegal hacking. If it's true from what I read, that is pretty stupid.

Replacing batteries from GB/GBC games would also be illegal

 

[RevPokemon]

I get a vibe that modding your own console (I guess via soldering) would be considered illegal hacking. If it's true from what I read, that is pretty stupid.

Probably under the sense it is not normal to do by default.

 

[Foxi4]

ESA's a bunch of shills of the industry, just like the MPAA is in terms of movies. They don't want you to keep software safe, they want you to re-purchase it over and over. I've voiced my opinion on this several times - storage media, regardless of what they store, are prone to damage and deterioration, however the state of the storage does not affect the validity of the licenses. Every user should have a right, bah, obligation to back their legally owned content up as long as they use only the number of copies specified in the license. Any anti-copying measures standing in the way of legally insuring your content should be frowned upon and criminalized.

 

[Kioku]

It's only getting worse..

 

[sarkwalvein]

Clearly the American police need more reasons to shoot citizens in the back

#OooohTopical

Since when did the police on the USA need any reason to shoot you in the back other than they feeling like it or you being black?

bestcountryintheworld.com

 

[RevPokemon]

Since when did the police on the USA need any reason to shoot you in the back other than they feeling like it or you being black?

bestcountryintheworld.com

Or poor or gay or trans or Hispanic or...

 

[Sheimi]

Since when did the police on the USA need any reason to shoot you in the back other than they feeling like it or you being black?

bestcountryintheworld.com

Murica always punishes the poor, gays, trans, Hispanics.

 

[RevPokemon]

Murica always punishes the poor, gays, trans, Hispanics.

And don't forget women!!!

 

[Tom Bombadildo]

So...assuming they bother enforcing this (protip: they won't), what would happen to GBAtemp? We do kind of host a lot of information about this stuff, as well as various ROM hacks and such as well.

Not really important in the long run anyways, since they won't do shit to enforce this, but it's still worth thinking about.

 

[TeamScriptKiddies]

Actually under section 117 of US Copyright law, backing up software that you purchased is completely legal. The ESA is full of crap and they like many other "Anti-Piracy" outfits try to make up arbitrary laws as they go along. I support the EFF in clarifying things with a more exact exemption to the DMCA.

These "Anti-piracy" organizations are not doing this in the name of stopping piracy, that's an illusion, they just want 100% control over all content use. Sorry but consumers have rights too. They want people to not be able to backup their stuff, because they want to "resell" it to you over and over again. Paying fist over hand for the same product again and again. This is not what copyright was intended for, milking customers for everything they have. Nor was it meant to benefit corporations who had nothing to with the creation of the content in question (I'm looking at you RIAA/MPAA/IFPI). Its meant to protect content creators as well as consumers.....

http://www.copyright.gov/title17/92chap1.html#117

 

[Deleted User]

Honestly I don't give a fuck about what the ESA says. My shit is my shit. I paid money for it, and therefore I can do what I want with it. How are they going to track me anyways?

 

[marksteele]

one sided reporting ftw? Let's be honest 99% of translations and mods need a hacked console. If they were to allow for the DMCA exemption then they WOULD have to sanction hacking consoles (call it what you want but we have the "Hacking & Homebrew" section in each forum for a reason).

The ESA is making a big stink over this because they have reason to do so. This exception would mean they can't ban people from online services for having a modified console, it means people, even large stores, can start selling "pre-modded/hacked" consoles for playing "abandoned" games. This even includes previous gen systems (360, wii, ps3) as they DO have some abandoned multiplayer games

Now if the EFF just wanted the exception for museums or just wanted to make the game modding itself legal but the console hacking not I could see the ESA being cool with it. As it stands now however they have legitimate reasons to oppose this.

edit: also the issue in question isn't over OLD games it's over ABANDONED games that need online functionality or have a large online component. They are trying to get an exception to modify those games so that they connect to third party servers. The downsides of the user submitted news section my friends, take everything with a grain of salt.