it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.While number one appears to say you can't back up ROMs at all since you don't NEED to use a flash cart to play the game (since the game has to be working in order for you to dump it in the first place), there's "OR" at the end, indicating you have the right to back it up even if it's not an essential step as long as it's for archival purposes (
meaning you can't dump a game and then sell the original).
The DMCA (Digital Mellinium Copyright Act) appears to say that bypassing DRM at all is illegal.
QUOTE said:
Circumvention of Technological Protection Measures
General approach
Article 11 of the WCT states:
Contracting Parties shall provide adequate legal protec-
tion and effective legal remedies against the circumven-
tion of effective technological measures that are used
by authors in connection with the exercise of their
rights under this Treaty or the Berne Convention and
that restrict acts, in respect of their works, which are
not authorized by the authors concerned or permitted
by law.
[..]
Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code.
And it adds a chapter 12 to title 17, which starts with... (I'll add emphasis.)
US Code, Title 17, Chapter 12
QUOTE said:
(a) Violations Regarding Circumvention of Technological Measures.—
(1)
(A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter.
(B) The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title, as determined under subparagraph ©.
© During the 2-year period described in subparagraph (A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works.
It then lists criteria that is taken into consideration (which is often stated with claims of "fair use").
QUOTE
In conducting such rulemaking, the Librarian shall examine—
(i) the availability for use of copyrighted works;
(ii) the availability for use of works for nonprofit archival, preservation, and educational purposes;
(iii) the impact that the prohibition on the circumvention of technological measures applied to copyrighted works has on criticism, comment, news reporting, teaching, scholarship, or research;
(iv) the effect of circumvention of technological measures on the market for or value of copyrighted works; and
(v) such other factors as the Librarian considers appropriate.
(D)
The Librarian shall publish any class of copyrighted works for which the Librarian has determined, pursuant to the rulemaking conducted under subparagraph ©, that noninfringing uses by persons who are users of a copyrighted work are, or are likely to be, adversely affected, and the prohibition contained in subparagraph (A) shall not apply to such users with respect to such class of works for the ensuing 3-year period.