GamesThe same US Copyright Office decision that struck down a major game preservation effort also quietly reversed a historic DMCA win for accessibility advocatesWhen you purchase through links on our site, we may earn an affiliate commission.Here’s how it works.
GamesThe same US Copyright Office decision that struck down a major game preservation effort also quietly reversed a historic DMCA win for accessibility advocatesWhen you purchase through links on our site, we may earn an affiliate commission.Here’s how it works.
When you purchase through links on our site, we may earn an affiliate commission.Here’s how it works.
(Image credit: Sony)
In 2021, accessibility advocates got the US Copyright Office to agree to a DMCA exemption that would make it legal for players to break a PC game’s copy protection in order to make it playable for people with disabilities. That decision was quietly reversed this year, all because nobody stepped forward to defend the exemption.
As part of thesame ruling that struck down a major game preservation effortback in October, the US Copyright Office also reversed the accessibility exemption it granted in 2021, asGame File(paywalled) reports. DMCA exemptions last for three years, and in order to be extended, somebody has to come forward to advocate for them. Nobody did so for the accessibility exemption.
“Given the constraints of the rulemaking process,” the Copyright Office wrote in itsruling, “because the Office did not receive a petition to renew the current exemption, the Register is not able to recommend its renewal. The Office continues to support enactment of a permanent exemption.” Yes, you’re reading that right - the governmentwantsto make this accessibility exemption permanent. The rules just mean it can’t do so without an external advocate.
“When the narrow exemption came up for renewal in the 2024 cycle, with the available resources we weren’t able to locate anyone who could say that they used the exemption and that they were likely to need it in the future,” Jonathan Band, one of the folks who argued for the broader exemptions in the first place, tells Game File. “This is not to say that it wasn’t used. There just was no efficient way for us to find anyone who had. So, we did not seek renewal. Of course, if anyone does come forward, hopefully it won’t be too hard to convince the Librarian to grant a new exemption.”
The ESA says its members won’t support the one form of game preservation that might actually work.
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1Nemesis review: “A magical sense of tension”
1Nemesis review: “A magical sense of tension”
1
Nemesis review: “A magical sense of tension”
2Arcs review: “A whole lot of game in a small package”
2Arcs review: “A whole lot of game in a small package”
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Arcs review: “A whole lot of game in a small package”
3Path of Exile 2 review: “A stellar start to a thrilling and brutal dark adventure”
3Path of Exile 2 review: “A stellar start to a thrilling and brutal dark adventure”
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Path of Exile 2 review: “A stellar start to a thrilling and brutal dark adventure”
4Indiana Jones and the Great Circle review: “The best adventure Indy has embarked on in over 30 years”
4Indiana Jones and the Great Circle review: “The best adventure Indy has embarked on in over 30 years”
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Indiana Jones and the Great Circle review: “The best adventure Indy has embarked on in over 30 years”
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5Marvel Rivals review: “So preoccupied with trying to be like Overwatch that it forgets to play to its own strengths”
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Marvel Rivals review: “So preoccupied with trying to be like Overwatch that it forgets to play to its own strengths”
1Sonic the Hedgehog 3 review: “Keanu Reeves as Shadow is wasted whilst Jim Carrey steals the show”
1Sonic the Hedgehog 3 review: “Keanu Reeves as Shadow is wasted whilst Jim Carrey steals the show”
1
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2Mufasa: The Lion King review – “It’s no Hakuna Matata but this Disney origin story is a class above the 2019 movie”
2Mufasa: The Lion King review – “It’s no Hakuna Matata but this Disney origin story is a class above the 2019 movie”
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3Kraven the Hunter review: “The insistence on an R-rating helps save this, with a decent helping of bloodthirsty action”
3Kraven the Hunter review: “The insistence on an R-rating helps save this, with a decent helping of bloodthirsty action”
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4The Lord of the Rings: The War of the Rohirrim review – “An uninspired expansion of the most iconic screen take on Tolkien”
4The Lord of the Rings: The War of the Rohirrim review – “An uninspired expansion of the most iconic screen take on Tolkien”
4
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5Nightbitch review: “Amy Adams' disappointing dark comedy is all bark and no bite”
5Nightbitch review: “Amy Adams' disappointing dark comedy is all bark and no bite”
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Nightbitch review: “Amy Adams' disappointing dark comedy is all bark and no bite”
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1Doctor Who 2024 Christmas special review: “Ncuti Gatwa is as magnetic as ever in this delightful festive treat”
1
Doctor Who 2024 Christmas special review: “Ncuti Gatwa is as magnetic as ever in this delightful festive treat”
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2Secret Level review: “An uneven experience with serious highlights that ultimately make up for the misses”
2
Secret Level review: “An uneven experience with serious highlights that ultimately make up for the misses”
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3Skeleton Crew review: “Perfectly captures the vibes of classic Star Wars with a swashbuckling twist”
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Skeleton Crew review: “Perfectly captures the vibes of classic Star Wars with a swashbuckling twist”
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4Creature Commandos review: “James Gunn’s heartwarming, R-rated tale about super-monsters proves that the DCU is in good hands”
4
Creature Commandos review: “James Gunn’s heartwarming, R-rated tale about super-monsters proves that the DCU is in good hands”
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5Cobra Kai season 6, part 2 review: “Returns to the sort of hard-hitting form that made it such a fan favorite in the first place”
5
Cobra Kai season 6, part 2 review: “Returns to the sort of hard-hitting form that made it such a fan favorite in the first place”