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Posted by mikhael 10/26/2024

Feds: You Don't Have a Right to Check Out Retro Video Games Like Library Books(gizmodo.com)
115 points | 98 commentspage 2
deafpolygon 10/26/2024|
That's kind of expected. Folks over at the emualtion subreddit @ reddit are foaming at the mouth... when it doesn't even apply to them.

Did they expect that they would allow folks to check out other software like Photoshop at the Library?

vaylian 10/26/2024||
Photoshop can still be purchased. This is about software that is no longer offered on the market.
fragmede 10/26/2024||
Pedantically, Adobe no longer sells it out right, but they do let you rent it at various price levels via Creative Cloud.

https://www.adobe.com/products/photoshop/plans.html

dvfjsdhgfv 10/26/2024||
That's correct - today if you want to actually buy Adobe Photoshop, you have to buy from a vendor other than Adobe (and you will miss some recent features).
robinsonb5 10/26/2024|||
If you're a computer historian, there'd be some value in being able to check out an ancient version that, for example, works on 68k Macs.
jhbadger 10/26/2024||
At least my local public library has hundreds of CD-ROMs of Mac and Windows software (mostly from the 1990s when boxed software was still standard) that you can check out. Granted, I can imagine that's the sort of thing that will get "weeded" in a decade or so when the library needs space and they see this old software as being worthless.
jonhohle 10/26/2024||
As others have mentioned, some of that software is become very rare and collectible. Would a library lend a copy of “Indiana Jones in Revenge of the Ancients”?
Spivak 10/26/2024||
> Did they expect that they would allow folks to check out other software like Photoshop at the Library?

Ominous-they would really like to disallow it. But yes, of course you should. When you get a license key that's a seat. Commercial software has been making this work forever with license servers.

Like this isn't some crazy mental model. When you buy an iPhone you bought the hardware and one indefinite transferable license to run iOS. How else should software ownership work?

jonhohle 10/26/2024||
Licensing is different from fair use and copyright. The games the original article is describing had no license and were only protected by copyright (no different than a book or movie). Licenses can both permit and restrict things that copyright and fair use allow or don’t allow.
AStonesThrow 10/26/2024|
The missing word from this inflammatory headline is extremely important: "remotely".

You can certainly access the physical game media in person, and check it out, no problem. The DMCA controversy is over remote access.

michaelbrave 10/26/2024||
that becomes more difficult though since older games are in essence collectors items and would be stolen or not returned. It's like if most of the books in the library were out of print books that were highly collectable, a recipe for disaster.

Not saying they made the wrong call here or anything, but there is clearly a gap here between old games being made available and legal options to access them, libraries tried to own a physical copy and distribute a digital copy, which was an attempt at a fair compromise, but if that isn't allowed either then I guess piracy is the only options now.

chgs 10/26/2024||
Or having your government change copyright law
BriggyDwiggs42 10/26/2024|||
Wait, why would that matter at all?
AStonesThrow 10/26/2024|||
Because until GOG and Steam, most video games were manufactured and distributed as physical artifacts, such as cartridges.

A ripped ROM image in an emulator is not equivalent to an Atari or Nintendo cartridge.

We do acknowledge that these artifacts are discontinued, and extremely valuable, but under DMCA, you literally can't have your cake and eat it too: the cake is a lie.

BriggyDwiggs42 10/27/2024||
Under the DMCA, one is able to request an exemption, and the reason it wasn’t granted in this case seems to be lobbying by the industry. Even if none of that were true, why would I use an anachronistic law to define what is and what is not similar? That law should be replaced. Emulated and physical games seem quite similar in the important ways to me.
izacus 10/26/2024|||
Yeah, especially since the publishers have ceased to produce physical media completely.
mmooss 10/27/2024||
Without 'remotely', it is not available for 99% of users.