Anyone aware of a decent scholarly overview/consideration of the legality of emulators? (under U.S. law especially but will take whatever)
Like on the level of EFF, Harvard CyberLaw or the like commenting on this, not video game emulation sites summarizing common understanding/interpretation of Sony v. Connectix
@The_BFOOL best I've got is https://cmsimpact.org/code/fair-use-software-preservation/. It talks about how to make sure your software preservation is fair use, and discusses emulation a few times.
@SarahRBarsness indeed, thank you!! I'm rereading but yeah, as far as I remember the discussion in here is on fair use arguments for using emulators in pursuit of software/digital preservation tasks - I should specify that I meant more on the legality of writing or creating emulators in the first place
@The_BFOOL Huh, yeah....I've got nothing for that! You're right, though -- it's really all about fair use of software preservation (including emulation) to keep files accessible. The only other thing I can think of is that DMCA exemption that got made for MMORPGs a few years ago -- some of the arguments/supporting research might delve into emulation legality? It's a stretch, though.
and I found an (unfortunately JSTOR-d) analysis of the Sony v. Connectix case from the Berkeley Technology Law Journal that really digs into the concerns emulation raises with reverse-engineering hardware:
@SarahRBarsness @andrewjbtw the recent expanded DMCA exemptions for software and game preservation are also a really interesting angle I hadn't considered in this context too though! I usually think about them in terms of breaking particular DRM to access or emulate software - but could hardware itself in a way be considered a "technical protection measure?" thus any effort to unlock it, including using pieces of proprietary firmware code to make e.g. a Mac emulator, be considered exempt?
@The_BFOOL not offhand, but I saved a copy of Nintendo's anti-emulation page and made sure the Internet Archive did too.
@The_BFOOL I thought she'd written something longer but nothing obvious jumps out from the long list of her publications: https://www.law.berkeley.edu/library/ir/faculty/?id=5476#tab_publications
Emulation probably comes up in various articles about copying/copyright.
@The_BFOOL hmm. Not sure what broke that link in the generated mastodon preview. Maybe something about how the preview queries for data.
This seems to be a more persistent link to Samuelson's faculty page: https://www.law.berkeley.edu/our-faculty/faculty-profiles/pamela-samuelson/
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